The ACT is likely to have abortion on demand both legally and practically later this year, under a move foreshadowed yesterday.
Former ACT Health Minister Wayne Berry has sought drafting instructions for a Bill to clarify that the seeking of abortion or performing an abortion in the ACT is not a crime, his office confirmed.
As Minister, Mr Berry steered through changes that would prevent the need for Canberra women to go to Sydney for abortions. In 1992 the Termination of Pregnancy Act, which required a woman seeking an abortion to go before an ethics committee in a public hospital, was repealed. And money was made available last Budget for the upgrading of a Canberra facility to enable abortions to be done in Canberra.
However, earlier this week, the NSW Supreme Court, in a civil matter, said that it was still against the law in NSW to seek or perform an abortion.
Similar criminal law applies in the ACT.
The NSW case was an action for damages for the costs of bringing up a child. The judge rejected the defendant’s submission that the woman could have had an abortion and avoided the cost because, he said, it was against the law to seek or have an abortion.
Until the NSW decision it was assumed that an abortion would not be unlawful if there were “”serious” consequences for the mother continuing the pregnancy (Levine’s case) and that for practical purposes this was a virtual “”on-demand” test.
Mr Berry is to present a private members’ Bill to make it clear that the criminal law of the ACT did not make it an offence to have or seek an abortion.
Mr Berry’s move might have some difficulty in Labor caucus which had previously resolved to leave abortion alone. Terry Connolly and Ellnor Grassby are very much against change. Annette Ellis and David Lamont are also likely to be against change.
If the Bill goes as a private members’ Bill, however, the remaining four Labor MLAs, some Labor abstentions and support from some Liberals (on a conscience votes) and two of the three independents could see it pass.
If so, the ACT will have abortion on demand legally and in practice (given a government family-planning clinic has the funds and is proceeding to set up a clinic) later this year or early next year at latest.
When the budgetary changes were made last year Mr Berry said abortion was a matter the ACT had to address. Having women go to Sydney added to anguish and costs to women who were already under stress.
Whatever the outcome of Mr Berry’s Bill, the ACT will have practical abortion on demand because the test in Levine’s case is a low one and authorities have been unwilling to enforce it strictly.