Victoria - Decriminalisation of abortion

With the Victorian election to be held on 25 November this year, the decriminalisation of abortion has become an election issue, despite efforts by both Labor and Liberal leaders to defuse the issue. 

Current situation

Section 65 of the Crimes Act in Victoria says that abortion is a crime. (1)  However, a ruling R. v. Davidson (1969) by Justice Menhennitt, says that an abortion is “lawfully justified if it were (a) 'necessary to preserve the woman from a serious danger to her life or her physical or mental health (not being merely the normal dangers of pregnancy and childbirth)' and (b) 'in circumstances not out of proportion to the danger to be averted'. “necessary to protect the life or health of the woman”. “ (2)

Section 10 of the Crimes Act says that the offence of child destruction applies if a mother or another person causes the death of a child of 28 weeks gestation or more. (3)

Abortions can generally be obtained in Victoria for doubtful ‘medical’ and ‘health’ reasons, but Section 10 has restricted abortion beyond 28 weeks.

If the decriminalisation of abortion is debated in the Victorian Parliament, it will be a ‘conscience vote’ where all members can vote according to their conscience and are not required to follow party policy.

Labor Party policy

The Victorian Labor Party Conference (May 2006), re-confirmed the ALP policy on the decriminalisation of abortion: The Platform says “Labor will amend section 65 of the Crimes Act to provide that no abortion be criminal when performed by a legally qualified medical practitioner at the request of the woman concerned”. (4), (5) 

“An amendment by conservative former minister Christine Campbell and backbencher Noel Pullen called for the platform to be changed so more consideration was given to the effects of late-term abortions.” This was defeated. (6)

If implemented, this policy would mean that abortion would be allowed for ANY reason at ANY time during the pregnancy, including late term or partial birth abortions. This is currently the situation in the ACT, where there are no restrictions on abortion.

The parliamentary Labor Party is not bound to implement this policy -  but there have been reports of ‘deals’ done by Mr Bracks with women in the ALP to decriminalise abortion in his next term. Therefore, it is reasonable to think that the Bracks Labor government might introduce such legislation in their next term if they are re-elected in November.

In March 2006 State Labor MP Carolyn Hirsh announced that she planned to bring in a private member’s bill to decriminalise abortion this year. She then backed down from that proposal; The Age suggested this was because of pressure from the Premier. (7)

Two months later the Herald Sun said Carolyn Hirsh “told a Women's Policy Committee meeting at ALP head office on April 12 that Premier Bracks' pledge to permit the decriminalisation of abortion would be "at the top of his agenda" if he won a third term -- provided she dropped her Private Members Bill.” (8)

In March, Mr Bracks said "We have no plans to have that on the legislative agenda this year. (But) the matter will be considered in future depending on, one: we have government, and two: what decisions are made as a government in implementing party policy." (8)

In August, Mr Bracks was reported as saying “There is party policy which indicates that decriminalisation of abortion should be pursued. That is a matter that we will consider if we happen to be re-elected.” (9)

Liberals

Liberal leader Ted Baillieu has said he is personally in favour of decriminalising abortion. However, at the end of August he announced that the Liberals “don’t have any plans to bring forward legislation”. (9)

Response

A week later, Mr Bracks responded by saying “my preference has been for the current system to remain” but, ‘when asked how he would vote if a conscience vote was allowed in the Victorian Parliament next year, Mr Bracks said that would depend on the bill at the time, but added: “In principle, I support the current arrangements, which permit abortion.” (10)

Comments from both political parties are very vague – the voters need to know what the policies of our political parties are, as well as the views of our individual members of Parliament and candidates.

References:

(1) Crimes Act 1958. http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/

Section 65: http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/s65.html

(2) Australian Dictionary of Biography http://www.adb.online.anu.edu.au/biogs/A150413b.htm

(3) Crimes Act, Section 10: http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/s10.html

(4) ALP Platform 2006 Section 3.38 – P 50.  http://www.vic.alp.org.au/alp/pdf/policies/2006_vic_platform.pdf

(5) ALP adopts decriminalisation policy on abortion, The Age, 7/5/2006.
http://www.theage.com.au/news/national/alp-adopts-decriminalisation-policy-on-abortion/2006/05/07/1146940411307.html

(6) ALP adopts decriminalisation policy on abortion - The Age, 8/5/2006, http://www.theage.com.au/news/national/alp-adopts-decriminalisation-policy-on-abortion/2006/05/07/1146940411307.html

(7) Bracks steps in to quash abortion vote, The Age, March 4, 2006
http://www.theage.com.au/news/national/bracks-steps-in-to-quash-abortion-vote/2006/03/03/1141191853989.html

(8) Bracks makes abortion deal, Herald Sun, 5 May 2006. 

(9) Pro-choice Baillieu won’t decriminalise abortion, The Age, 31/8/2006.
http://www.theage.com.au/news/national/prochoice-baillieu-wont-decriminalise-abortion/2006/08/30/1156816968077.html

(10) Bracks wants status quo on state abortion stance, The Age, 6/9/2006.

http://www.theage.com.au/news/national/bracks-wants-status-quo-on-state-abortion-stance/2006/09/05/1157222131866.html