The NSW Council for Civil Liberties applauds the initiative of Alex Greenwich MP in bringing forward the Reproductive Health Care Reform Bill 2019. If passed by the NSW Parliament this Bill will decriminalise abortion in NSW and provide the women of NSW with the right to make their own choices about their reproductive health and options.
NSW is the only state or territory which still treats abortion as a criminal act. To obtain a legal abortion in NSW women have to establish exceptional circumstances – ie. that it is necessary to preserve a woman from serious danger to her life or to her mental or physical health and it is not out of proportion to the danger to be averted.
Having to rely on this limited defence is a deeply flawed and unsatisfactory legal position for both women and medical practitioners and results in many women not being able to access safe abortions.
It is well-beyond time for the NSW Parliament to act in the interests of women in this state. Our current law dates from 1900.
The Greenwich Bill, which is closely modelled on Queensland’s and Victoria’s laws, is clear, balanced and sensible. The provisions in the Crimes Act relating to abortions will be repealed and common law offences relating to abortion abolished.
It will be legal for medical practitioners to perform a termination on a person who is not more than 22 weeks pregnant. The vast majority of terminations occur before 22 weeks.
For a person who is more than 22 weeks pregnant, the medical practitioner and one other must both consider if the termination ‘should be performed’. In making this decision they are required to consider all relevant medical circumstances, current and future physical, psychological and social circumstances and professional standards and guidelines.
The Bill respects the rights of medical practitioners with conscientious objection but requires them to refer the person to a practitioner who, in their belief, does not have a conscientious objection.
This Bill will bring much needed certainty to NSW women and medical practitioners and make it easier and safer for women choosing to have a termination of pregnancy.
The NSW Council for Civil Liberties expresses its appreciation to the Parliamentarians who have come together to progress this Bill: Trevor Khan (National Party), Penny Sharpe (Deputy Leader ALP) and Jo Haylen (ALP) and to the Health Minister Brad Hazzard who has given his public support to the Bill.
We urge the NSW Parliament to do the right thing by the women of NSW and pass this Bill.
The NSW Council for Civil Liberties has campaigned for this reform for over 50 years. Over the last two years we have been proud participants in the WEL Round Table – and more recently the Pro- Choice Alliance – of 60 organisations dedicated to persuading the NSW Parliament that they must act on behalf of the women of NSW and reform our archaic and cruel abortion laws.
