In an October 26 editorial in the Medical Journal of Australia Caroline M de Costa and Heather Douglas argue that laws relating to abortion are out of date, and variations in laws between states have led to serious barriers for women access terminations.
The editorial calls for uniform legislation across the country, “so that the law is in step with modern medical practice and so that women regardless of where they live have equal access to abortion services”.
“Current Australian abortion laws continue to disadvantage many women.
“It is almost seven years since abortion was decriminalised in Victoria, where a doctor can now terminate a pregnancy at up to 24 weeks with the woman's consent, and after 24 weeks with the agreement of a second doctor. This change has not resulted in increased numbers of abortions, which have remained stable over many years.
“Earlier, in 2002, the Australian Capital Territory had removed all criminal sanctions for abortion. Abortion was decriminalised in Tasmania in 2013; here a doctor may perform an abortion at up to 16 weeks with the woman's consent, and after 16 weeks with the additional agreement of a second doctor.
“In all remaining Australian jurisdictions, a patchwork of differing abortion laws operate. Only in the ACT has regulation of abortion been removed completely from criminal law. These legal inconsistencies have significant ramifications for the access of Australian women to abortion.”
The result of these differences is extensive “medical tourism” between states.
This is particularly the case in Queensland, where the law states it is illegal for a woman to have an abortion unless it can be proven the woman's mental or physical well-being is at risk.
De Costa told the October 26 Guardian: “Children by Choice, an organisation who give options for unplanned pregnancies, in the previous year sent 77 women from Queensland interstate for an abortion, and they're not the only organisation doing that.”
The Brisbane Times said on October 26: “There are currently 17 active abortion clinics in Queensland, with 11 of those concentrated in the south east corner of the state.
Children by Choice manager Amanda Bradley told the Brisbane Times: “We get reports of self-abortion, some women we speak to say if I can't get an abortion I will do it myself.”
Children by Choice received 118 contacts relating to self-abortion or threats of self-abortion in the past year.
De Costa told the October 27 Cairns Post that Queensland doctors continued providing abortions despite risking prosecution under ambiguous laws.
“A decision is made by the doctor that continuing the pregnancy poses a bigger risk to the woman than terminating it,” she said.
“It's done knowing that there is case law to protect you, if you are charged — but also knowing that it's unlawful. This is the only health procedure that is dealt with like this in criminal legislation. It's way, way out of date and belongs in the 19th century. We're practising medicine in the 21st century.”
Queensland Attorney-General Yvette D'Ath said: “We have no plans to change the laws at this time.”
Queensland Greens Senator Larissa Waters responded: “It's incredibly disappointing that despite our gender-balanced state cabinet, the Palaszczuk government is failing women by showing no signs of decriminalising abortion. Queensland women should not be treated as criminals for wanting control over their own bodies.”
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