Abortion legalised in Victoria in 2008
Up until October 2008, abortion was in the Crimes Act - prohibited under Section 65 and Section 66.
In 1969, Justice Menhennitt made a ruling, in R v Davidson, saying that, although abortion was a crime, there would be a defence if the abortion was seen to be necessary to save the life or health of the mother and was proportionate to the risks involved in continuing with the pregnancy.
Read the Menhennitt Ruling – posted on the Salt Shakers website click here (scroll to bottom of page) (see P 5).
In the intervening time, no-one had been prosecuted in Victoria for abortion.
* 2006 - During 2006, some MPs, namely Carolyn Hirsch, started to promote the idea of decriminalising abortion. Labor women under the leadership of former Premier Joan Kirner, say they had worked on this for 20 years. Premier Steve Bracks appears to have persuaded her to drop the matter prior to the November 2006 election.
* 2006 Election - Prior to the election, the Coalition Against the Decriminalisation of Abortion (CADOA) was formed to highlight the fact that if Labor was re-elected they planned to pursue the matter of decriminalising abortion and removing it from the Crimes Act. This pledge was also included in the ALP Platform.
* 17 July 2007 - Labor MP Candy Broad introduced a Private Member's Bill into the Victorian Legislative Council to 'decriminalise abortion' - click here for more details.
* 24 August 2007 - Candy Broad withdrew her Bill.
Premier John Brumby's plan (supported by Cabinet) is to send the issue to the Victorian Law Reform Commission to consider. Click here for details.
* 29 May 2008 - VLRC Inquiry - After conducting an Inquiry, taking submissions and consulting, the VLRC released their Report : Law of Abortion".
The Report proposed three possible models. Click here for details, links and Report.
* 19 August 2008 - The Brumby Government introduced the Abortion Law Reform Bill into the Legislative Assembly. They chose Model B - allowing abortion for any treason up to 24 weeks of pregnancy and after that if two doctors approve taking into consideration life and health and social circumstances.
All MPs had a conscience vote. The legislative assembly debated the Bill on
* 11 September 2008: The Bill passed the Second Reading in the Legislative Assembly (9/11) by 47 votes to 35. Numerous amendments were proposed following that vote - reduce to 20 weeks, counselling, partial birth abortions, parental permission for under-17s, etc.
ALL of them were defeated.
FINAL Third reading vote: 49 to 32 (total – 81 votes of 88 Members - President doesn't vote, 6 Members had no vote recorded).
Click here for the Salt Shakers campaign page with full details on the Abortion Law Reform Bill, voting details etc.
* 7-10 October 2008 - Legislative Council: The Bill was debated in the Council. The Bill passed the second reading by 23 votes to 17.
All proposed amendments were defeated.
The final third reading vote was 23 votes to 17.
Click here for the Salt Shakers campaign page with full details on the Abortion Law Reform Bill, voting details etc.
Author: Jenny Stokes | Modified: 20 October 2008
