Abortion Law Reform !

New South Wales is now the only Australian state where abortion is still a crime on its law books, despite the fact that abortion is openly carried out by the numerous abortion clinics that provide such a service.  That is probably the only reason the women's movement is not out on the streets vigorously protesting what they would term an attack on women's rights.

There is hope that this law is about to change.   This week an independent MP will introduce a law change that has been carefully constructed by a cross party group of parliamentarians and which has the support of the Health Minister.  It will seek to replace a law that has been on the law books since 1900 and under which abortion falls under the Crimes act and can be punished by a term of ten years imprisonment.   It should be remembered that in 1900 the death penalty was also a legitimate punishment on those same law books.

There is an old wisdom that states that " nothing is certain under the law ".  It is all a matter of interpretation and our pyramid court structure means ever senior judges add their input until an issue arrives in the hands of the High Court of Australia.  Even state laws can be deemed unconstitutional by the High Court.

There is the expectation that this practice of ignoring a clear law structure will be replaced by a law update but there is also the expectation that any change will be vigorously opposed by conservative elements of the parliament.   We should remember that the law to give the terminally ill the right to die peacefully without pain was struck down in this state - by a single vote !

If this law change gets the nod it will be legal for a woman to get an abortion up to twenty-two weeks gestation, performed by a registered doctor.   After twenty-two weeks the procedure would need the consent of two doctors or in an emergency without consulting that second doctor if to save the life of the woman or the fetus.

The bill will create a new criminal offence with a penalty of seven years imprisonment for any unqualified person who performs or assists in an abortion.   A neat and well thought through package  that should bring this state's law into this twenty-first century.

Now it needs to make its way through both houses of state parliament to achieve change.  Common sense dictates that simply ignoring an outdated law puts the entire law structure in peril.  We can - and should - expect better of the men and women we send to represent us in this state's parliament !