The failure to recommend the decriminalisation of abortion in Queensland is disappointing and a missed opportunity to modernise existing abortion laws, say QUT health law academics.
Professors Lindy Willmott and Ben White, and Penny Neller from the Australian Centre for Health Law Research (ACHLR) called on the Queensland Government to urgently reform the state’s abortion laws to address significant problems with the current legal framework, and ensure greater access to treatment for women.
The researchers said reform would also remove legitimate concerns about prosecution that are currently held by women seeking abortions and their treating doctors.
“Steps towards reform should occur without further delay to deal with the many legal and practical problems that the current laws create; abortion law should not form part of our criminal law, but be regulated as a health matter, as is the case in other Australian jurisdictions,” Professor Willmott said.
Their call follows the release last Friday of the Queensland Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee’s abortion law reform Inquiry report, which rejected a Bill to abolish abortion-related offences in the Queensland Criminal Code.
The bi-partisan committee received more than 1400 submissions with public hearings held in Brisbane, Emerald and Cairns.
Professor Willmott commended the committee for undertaking a broad consultation and considering evidence from a wide range of stakeholders.
“The committee’s report provided a thorough analysis of the evidence arising from the Inquiry, but the failure to recommend immediate decriminalisation of abortion, and its regulation as a health matter is regrettable,” she said.
“The committee heard compelling evidence as to why reform is needed, including that the current law is uncertain, fails to promote women’s health, can expose women to harm and does not reflect community standards.”
“We consider abortion should be recognised by the law as fundamentally a woman’s health matter, rather than a criminal law issue,” said Professor Ben White.
“Continuing to classify abortion in Queensland as a criminal offence attracting condemnation, punishment and penalties is problematic, harmful and counter-productive.”
The committee will consider a second Bill on abortion and is due to report by 17 February, 2017.
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