The Abortion Law Reform Act 2008 is an abortion law reform passed by the Victorian Parliament in the Australian state of Victoria in 2008. The reform bill sought to amend section 65 of the Victorian Crimes Act 1958, which had codified the common law offences relating to abortion. The reform also repealed section 10 of the Crimes Act dealing with a separate offence of child destruction. [1] [2]
The amendment was moved on behalf of the Brumby Labor Government by the Women's Affairs Minister, Maxine Morand, and was based on a Victorian Law Reform Commission report tabled in the Victorian Parliament on 28 May 2008 which recommended the removal of abortion from the Victorian Crimes Act. [3] [4] All political parties allowed members of Parliament to have a conscience vote, and in October 2008 the bill was passed by both houses, as the Abortion Law Reform Act 2008. [3]
Under the Act, a woman is able to access abortion up to a gestational limit of 24 weeks. After that point a medical practitioner is able to provide an abortion if another practitioner agrees that an abortion is appropriate in all the circumstances. [3]
As amended by the Abortion Law Reform Act, section 65 of the Crimes Act 1958 states that only a qualified medical practitioner may perform an abortion on another person. A violation carries a maximum penalty of ten years imprisonment. Registered nurses and registered pharmacist are also qualified if they are administering a drug or drugs to terminate pregnancy in accordance with the amended act.
A female of any age who consents to, or assists in, the performance of an abortion on herself is not guilty of an offence against the section. [5]
The amended act allows for abortions after 24 weeks, but only if the medical practitioner:
In determining whether the circumstances warrant an abortion after 24 weeks, the registered medical practitioner must have regard to:
Medical practitioners who perform abortions after 24 weeks can still face criminal penalties if it is deemed that they have incorrectly determined the "appropriateness" of the abortion. [4]
Only pharmacists employed by a hospital may administer or supply a drug or drugs for an abortion after 24 weeks, and then only at the "written direction of a registered medical practitioner". [6]
Abortion is available in Victoria from 24 week to pre birth with a medical consent.
The act allows medical practitioners and nurses who have a conscientious objection to abortion to refuse to undertake or assist in the procedure, but they must inform the patient of their position, and the patient must also be supplied with information about a medical practitioner who does not have any such objection.
Regardless of their personal objections, medical practitioners and nurses have a duty to perform or assist in performing an emergency abortion if the pregnant woman's life is in danger. [6]
During the debate, various members of Parliament moved up to 40 amendments to the bill, the majority of which sought to either change the 24-week upper limit on unrestricted abortions or impose other restrictions. Some of the amendments moved in the Legislative Assembly sought to:
None of the amendments was agreed to by the Assembly.
During 2014, former Liberal MP Geoff Shaw unsuccessfully attempted to introduce a series of amendments in a private members bill which included resuscitating babies aborted alive. [8] [9]
Abortion in the United Kingdom is de facto available under the terms of the Abortion Act 1967 in Great Britain and the Abortion (No.2) Regulations 2020 in Northern Ireland. The procurement of an abortion remains a criminal offence in Great Britain under the Offences Against the Person Act 1861, although the Abortion Act provides a legal defence for both the pregnant woman and her doctor in certain cases. Although a number of abortions did take place before the 1967 Act, there have been around 10 million abortions in the United Kingdom. Around 200,000 abortions are carried out in England and Wales each year and just under 14,000 in Scotland; the most common reason cited under the ICD-10 classification system for around 98% of all abortions is "risk to woman's mental health."
Public opinion on abortion has changed dramatically in Ireland. Abortion in Ireland is regulated by the Health Act 2018. Abortion is permitted in Ireland during the first twelve weeks of pregnancy, and later in cases where the pregnant woman's life or health is at risk, or in the cases of a fatal fetal abnormality. Abortion services commenced on 1 January 2019, following its legalisation by the aforementioned Act, which became law on 20 December 2018. Previously, the 8th Constitutional Amendment had given the life of the unborn fetus the same value as that of its mother, but the 36th constitutional amendment, approved by referendum in May 2018, replaced this with a clause permitting the Oireachtas (parliament) to legislate for the termination of pregnancies.
Abortion in New Zealand is available within the framework of the Abortion Legislation Act 2020, which entirely eliminated the criminal status of abortion and allows termination on request during the first 20 weeks of pregnancy. After 20 weeks abortion is permitted only if a health practitioner deems it "clinically appropriate" and consults at least one other health practitioner. However, the law does not specify what the conditions are which constitute "clinically appropriate", and there are no criminal penalties. Abortion is illegal only if a person who is not a licensed health practitioner procures or performs it.
Abortion in Australia is legal. There are no federal abortion laws, though decriminalisation of the procedure has been enacted in all jurisdictions. Access to abortion varies between the states and territories: Surgical abortions are readily available on request within the first 22 to 24 weeks of pregnancy in most jurisdictions, and up to 16 weeks in Tasmania. Later-term abortions can be obtained with the approval of two doctors, although the Australian Capital Territory only requires a single physician's approval.
Blasphemous libel was originally an offence under the common law of England. Today, it is an offence under the common law of Northern Ireland, but has been abolished in England and Wales, and repealed in Canada and New Zealand. It is a form of criminal libel that consists of the publication of material which exposes the Christian religion to scurrility, vilification, ridicule, and contempt, with material that must have the tendency to shock and outrage the feelings of Christians.
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation act, the Offences Against the Person Act 1828, incorporating subsequent statutes.
The Abortion Act 1967 is an act of the Parliament of the United Kingdom that legalised abortion in Great Britain on certain grounds by registered practitioners, and regulated the tax-paid provision of such medical practices through the National Health Service (NHS).
R v Davidson, also known as the Menhennitt ruling, was a significant ruling delivered in the Supreme Court of Victoria on 26 May 1969. It concerned the legality of abortion in the Australian state of Victoria. The ruling was not the end of the case, but rather answered certain questions of law about the admissibility of evidence, so as to allow the trial to proceed.
The Criminal Law Act 1967 is an act of the Parliament of the United Kingdom that made some major changes to English criminal law, as part of wider liberal reforms by the Labour government elected in 1966. Most of it is still in force.
The Offences Against the Person Act 1828, also known as Lord Lansdowne's Act, was an act of the Parliament of the United Kingdom that consolidated for England and Wales provisions in the law related to offences against the person from a number of earlier piecemeal statutes into a single act. Among the laws it replaced was clause XXVI of Magna Carta, the first time any part of Magna Carta was repealed, and the Buggery Act 1533. The act also abolished the crime of petty treason.
The Offences Against the Person Act 1837 was an act of the Parliament of the United Kingdom that amended the law to lessen the severity of punishment of offences against the person, lessening the severity of the punishment of offences.
The Crimes Act 1961 is an act of New Zealand Parliament that forms a leading part of the criminal law in New Zealand. It repeals the Crimes Act 1908, itself a successor of the Criminal Code Act 1893. Most crimes in New Zealand are created by the Crimes Act, but some are created elsewhere. All common law offences are abolished by section 9, as are all offences against acts of the British Parliaments, but section 20 saves the old common law defences where they are not specifically altered.
Child destruction is the name of a statutory offence in England and Wales, Northern Ireland, Hong Kong and in some parts of Australia.
The Australian state of Victoria is regarded as one of the country's most progressive jurisdictions with respect to the rights of lesbian, gay, bisexual, and transgender (LGBTQ) people. Victoria is the only state in Australia that has implemented a LGBTIQA+ Commissioner.
Contraception, Sterilisation, and Abortion Act 1977, also known as the CS&A Act 1977, is an Act of Parliament in New Zealand. It was passed shortly following an inquiry by the Royal Commission on Contraception, Sterilisation and Abortion. The legislation established the legal framework for abortion in New Zealand; with abortions being allowed provided the procedure was approved by two certifying consultants and that the circumstances met the criteria of the Crimes Act 1961. In March 2020, several of its provisions were amended by the Abortion Legislation Act 2020, which eased access to abortion and eliminated most of the criteria established by the Crimes Act 1961.
The Choice on Termination of Pregnancy Act, 1996 is the law governing abortion in South Africa. It allows abortion on demand up to the twelfth week of pregnancy, under broadly specified circumstances from the thirteenth to the twentieth week, and only for serious medical reasons after the twentieth week. The Act has been described by the Guttmacher Institute as "one of the most liberal abortion laws in the world".
The Crime and Courts Act 2013 is an Act of Parliament of the Parliament of the United Kingdom introduced to the House of Lords in May 2012. Its main purpose is to create the United Kingdom National Crime Agency which replaced the Serious Organised Crime Agency. Part 2 of the Act relaxes the rules on filming court proceedings under controlled circumstances, and amends the rules on 'self-defence'.
Abortion in Queensland, Australia, is available on request in the first 22 weeks of pregnancy, with the approval of two doctors usually required for later terminations of pregnancy. Queensland law prohibits protesters from coming within 150 metres of an abortion clinic and requires conscientiously objecting doctors to refer women seeking an abortion to a doctor who will provide one. The current legal framework was introduced by the Palaszczuk Labor Government with the passage of the Termination of Pregnancy Act by the Parliament of Queensland on 17 October 2018 in a conscience vote. Before the Termination of Pregnancy Act took effect on 3 December 2018, abortion was subject to the Criminal Code and the common law McGuire ruling, which made abortion unlawful unless the abortion provider had a reasonable belief that a woman's physical or mental health was at risk. Availability varies across the state, and is more limited in rural and remote areas outside South East Queensland. In the absence of standardised data collection, it is estimated that between 10,000 and 14,000 abortions occur every year in Queensland.
The Abortion Legislation Act 2020 is an Act of Parliament in New Zealand allowing unrestricted access to abortion within the first 20 weeks of pregnancy, and repealing sections of the Crimes Act 1961 related to unlawful abortion. After the 20-week period, women seeking an abortion must consult a qualified health practitioner who will assess their physical health, mental health, and well-being. The Act also provides provisions for conscientious objection rights for medical practitioners and exempts abortion services from certain Crimes Act provisions, while extending the definition of health services to include abortion services under the Health and Disability Commissioner Act 1994.
The Abortion Law Reform Act 2019, introduced as the Reproductive Health Care Reform Bill 2019 in the New South Wales Legislative Assembly, is an Act of the Parliament of New South Wales which removed abortion from the Crimes Act 1900, allows abortions for up to 22 weeks, and permits an abortion after 22 weeks if two medical doctors agree. The Act received Royal assent on 2 October 2019, and commenced with immediate effect. With the commencement of the Act, New South Wales became the last state or territory in Australia to decriminalise abortion.
Clause 9 repeals section 10 of the Crimes Act 1958, which is contained in subdivision (2) of Division 1 of Part I of that Act. Section 10 of the Crimes Act 1958 contains the offence of child destruction, which the Victorian Law Reform Commission has recommended be repealed.