Abortion Law Reform

Did you know abortion is still a crime in NSW, attracting a prison sentence of up to 10 years? That a woman or doctor can still be prosecuted in NSW? The Greens are calling on Premier Rees to introduce an abortion law reform bill in NSW.

Campaign overview | Why it's time for change | Options for Reform |

Victoria - a case study | Prosecutions in NSW and Victoria | Resources

In NSW today a woman and her doctor are still at risk of being charged under the NSW Crimes Act for abortion related crimes. A young couple in Cairns are currently facing court on abortion charges, under laws that are almost identical to those in NSW.

In NSW and QLD those in power argue that the current laws work fine, so why risk changing them? Yet the QLD case highlights what can happen while these laws are still on the books.

What’s the problem with the current laws?

The potential for criminal prosecution creates risks for both women and medical practitioners. In 2000 there was an attempt to prosecute doctors performing an abortion in a Melbourne hospital. This kind of thing can still happen in NSW.

The fact that abortion is still criminalised contributes to stigma. This risks women delaying abortions and suffering extra humiliation and distress. Those in the field say that the existing criminal laws deter health workers from undertaking abortions and contribute to staffing shortages.

The political context

Politically, the need to reform our laws is becoming more urgent as conservative forces close in. Tony Abbott's star is on the rise and the new NSW Premier Kristina Keneally is a conservative Catholic. NSW is set to elect a new government in 2011 with Greg Smith, ex Right to Life President, as the Coalition's Attorney General and other conservatives like Opus Dei follower David Clarke still in its ranks. Support for Family First is also growing.

What the Greens are calling for

The NSW Greens are campaigning for the NSW government to show leadership and give the NSW Law Reform Commission the job of reviewing NSW's outdated laws, with the aim of decriminalising abortion as occurred in late 2008 in Victoria.

Ideally, the Greens believe the Keneally government should show leadership and introduce an abortion law reform bill, following the lead of the Victorian Labor government which passed new laws decriminalising abortion in late 2008.

Abortion could then be regulated by health laws, like any other medical procedure.

If the government fails to act then the Greens are committed to introducing our own reform bill.

Other states have reformed laws, can’t we?

There is a trend to modernise abortion laws in Australia and overseas.

The ACT decriminalised abortion in 2002. Canada also has this model.

Last year Victoria passed new laws decriminalising abortion, after an inquiry by the Victorian Law Reform Commission. Victoria now treats abortion like any other medical procedure up to 24 weeks. After 24 weeks a doctor can perform an abortion, having consulted with another doctor, if both believe it is appropriate in all the circumstances.
In 1998 Western Australia made abortions up to 20 weeks lawful and after that with the approval of a doctors' panel. Tasmania clarified its law in 2001.

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To get involved in the community campaign to change abortion laws in NSW, visit ProChoice NSW at http://prochoicensw.org.au/

For more information about the campaign in Queensland, visit ProChoiceQld: http://www.prochoiceqld.org.au/

Latest News.

QLD abortion standoff: Rees should pre-empt the same in NSW: On the day a young couple face the first day of a committal hearing in Cairns on abortion charges, Greens MP and health spokesperson Lee Rhiannon has called on Premier Nathan Rees to instigate a law reform process to decriminalise abortion to pre-empt the same situation occurring in NSW, ('Urgent talks to stem debate on abortion law', The Australian, p. 5).
Abortion reform should rise above party politics: Greens MP and health spokesperson Lee Rhiannon has called on Premier Nathan Rees and Opposition Leader Barry O'Farrell to support abortion law reform and work together to ensure women and doctors can access abortion services without the risk of criminal prosecution, ('Labor MPs support new calls to legalise abortion", p. 8, SMH).
QLD abortion case starts today: NSW must repeal outdated laws: On the day a young Cairns woman and her partner attend court facing criminal charges for procuring an abortion under almost identical laws to those in NSW, Greens MP Lee Rhiannon is seeking cross party support to remove abortion from the NSW Crimes Act.
Interstate campaigners call for abortion law reform in NSW: Abortion law reform campaigners from the ACT, Victoria and NSW today called on Premier Rees to ask the NSW Law Reform Commission to review NSW's outdated abortion laws with the aim of decriminalising abortion as recently occurred in Victoria and the ACT.
Are You Listening, Nathan?: Calls to legalise abortion in NSW fell on deaf ears while Bob Carr and Morris Iemma were in Government. On March 10, 2009, Greens health spokesperson Lee Rhiannon urged the new Rees Government to act in sync with the general public opinion and decriminalise abortion in NSW.
International Women's Day: Greens launch campaign to decriminalise abortion in NSW: Greens MP and health spokesperson Lee Rhiannon is marking International Women's Day by launching a campaign to decriminalise abortion in NSW. She says NSW is out of step with Victoria, the ACT and Western Australia which have modernised abortion laws.
NSW Liberal reforms paper thin ? Clark faction still dominates: Commenting on the NSW Liberal State Council reforms Greens MP Lee Rhiannon said that as the extreme right wing still dominated the Liberal's key decision-making bodies, voters needed to be wary of the promises being made by opposition leader Barry O'Farrell.
Is Fred Nile waiting in the wings to be new Asst Deputy Upper House President?: Greens MP Lee Rhiannon says the NSW government’s plan today to create a new position of Assistant Deputy President in the Upper House is unnecessary.
Iemma and Debnam must declare their position on abortion: Greens MP and women's spokesperson, Lee Rhiannon today called on Premier Morris Iemma and opposition leader Peter Debnam to declare their position on abortion so that women can know where the state's political leaders stand on this important issue affecting women's lives.
Liberal machine set to install colourless Debnam: Greens MP Lee Rhiannon said today that plans to appoint Peter Debnam as NSW Liberal leader reflects the ascendancy of the extreme right wing within the Liberal Party.
Greens lobby Vatican to reject Pell: Following reports that George Pell, the Archbishop of Sydney, has emerged as a dark horse to become the next Pope, Greens MP Lee Rhiannon has written to the Vatican urging the Catholic Church to deny the ultra conservative leader a promotion to head the church.
Fred Nile's one-stop shop a pointless exercise: Greens MP Lee Rhiannon has criticised Fred Niles plan for one-stop shops for pregnant women, saying they were unnecessary and nothing more than a figleaf for his anti-woman, anti-abortion agenda.
Premier should shun anti-abortion violence: Greens Upper House MP Lee Rhiannon today warned that New South Wales could see American-style anti-abortion violence unless political leaders defended the right of women to choose abortion.

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