By Lara Pull in
CANBERRA — In a surprise attack on women's health and right to control their reproduction, the ACT Legislative Assembly could outlaw most abortions in the ACT within two weeks following the August 26 introduction of legislation by right-wing independent Paul Osborne.
While Osborne's advisers were denying to the media any moves to re-examine abortion access, they were obtaining the assistance of Osborne's federal counterpart, Senator Brian Harradine, whose staff are rumoured to have drafted the Osborne bill.
In introducing the bill, Osborne stated that he aims to rid the ACT of the "case law" interpretation underpinning access to abortion. The case law approach refers to the access to abortion that has been enabled by common law rulings (Menhennit in 1969, Levine in 1972 and McGuire in 1986) that while abortion is at times unlawful under the various crimes acts, there are also circumstances in which it is lawful.
In his crusade to outlaw abortion, Osborne is using the anti-choice campaigners' double-speak of "helping" women to make an "informed choice" to refuse abortion.
His argument that women who become pregnant and are uncertain about continuing the pregnancy currently have no alternative but abortion is absurd given how it difficult it is to obtain the operation. Contrary to his implication, the ACT's abortion clinic has a pre-counselling, information provision and informed consent process which is closely followed.
Osborne's bill states that a woman seeking an abortion prior to 12 weeks' gestation must be in "grave" psychiatric or medical danger. This must be certified by two doctors, including one specialist in obstetrics and gynaecology. Furthermore, even if an abortion is approved under these conditions, the practitioner must "take all reasonable steps to ensure live delivery".
As well, a practitioner "not associated with the termination" must inform the woman of the "particular medical risks associated with the ... abortion procedure ... including risks of infection, haemorrhage, breast cancer, danger to subsequent pregnancies and infertility"; the detrimental psychological effects of abortion; and the names of agencies to assist women through the pregnancy or arrange an adoption.
The woman would also be forced to view 20 photos approved by the health minister which show foetal development at two-weekly intervals from conception to birth. Afterwards, the woman must wait for 72 hours before the operation is performed.
Osborne's bill requires women under 18 years old to obtain parental consent for the operation.
The bill also requires that the Legislative Assembly receive an annual report from all facilities approved to carry out abortions. These reports must include information about the number of abortions performed, the reasons for them, the ages of the women involved, the age of the foetuses and the number of women obtaining repeat abortions.
ACT health minister Michael Moore opposes the bill and has called on people to attend a rally called by various pro-choice organisations outside the Legislative Assembly on Tuesday, September 1 at 12.30pm.
Figures from Moore's department show that only 10 to 15 women a year could have abortions in the ACT under Osborne's medical/psychiatric conditions. Currently, more than 2000 women use Canberra's abortion clinic each year.
Moore has also pointed out that the waiting list for ACT psychiatrists is six to eight weeks, which would push women well beyond the 12-week pregnancy limit for abortions.
Sandra Mackenzie, director of the ACT Family Planning Association, said that Osborne's move was FPA's "worst nightmare" and would lead to the abortion clinic being closed. She said the bill would drive women interstate for the operation, and added that, "apart from the terminations which may or may not be conducted in Canberra Hospital, there will be no other terminations in Canberra except for those women who are desperate enough to do it for themselves". MacKenzie also urged people to attend the September 1 rally.
Chief of obstetric and gynaecological services, and women's and children's health services at Canberra Hospital, Professor David Ellwood, said he will consider resigning if Osborne's "outrageous and unworkable" bill is passed.
Ellwood is particularly concerned about the effects on women seeking abortions due to foetal abnormalities, which are rarely diagnosed in the first 12 weeks.
Ellwood also pointed out that the bill ignores the situation of women who are pregnant as a result of rape or incest, "all cases in which victims usually present late".
The Australian Medical Association president Dr Colin Andrews is "horrified" by the bill, and many women's health organisations have condemned it.
The ACT Trades and Labor Council and the ACT branch of the Community and Public Sector Union swiftly condemned Osborne's attack on women. ACTCOSS and the local Young Women's Christian Association have also condemned the bill.
Democratic Socialist candidate for the federal seat of Fraser, Sue Bull, says this situation highlights the political bankruptcy of the ALP's self-serving "conscience" vote on abortion. Osborne needs the support of only one Labor MLA to get the bill passed.
To date, public support for the bill has come only from the ACT Right to Life Association, with even the main churches distancing themselves from Osborne's move.
Despite this, the bill could be passed. Many of the anti-abortion MLA's, including at least two in the ALP, have nothing to lose by voting for it.
ACT Pro-Choice has called an emergency meeting to organise a broad campaign to throw the bill out. TV news polls are recording 2:1 against the bill.
For more information, phone Pat or Amanda from ACT Pro-Choice on 6247 2424.