Abortion has certainly been a hot topic in the media lately. When the Alabama Human Life Protection Act was introduced in April 2019, near totally banning abortion, it caused shock-waves across the western world. It was outrageous to think such a forward, developed society could take so many steps backwards in women’s rights and health.
What was even more distressing to learn, then, was that abortion was actually still criminalised in New South Wales. Surely this wasn’t correct, I had known at least a handful of women that had accessed an abortion in New South Wales. I delved into the research, and what I discovered was disappointing but unsurprising.
Each state has different reforms regarding abortion, including when they can be carried out or under which circumstances it is available. Broadly speaking, abortion is available upon request in every state except South Australia and New South Wales. In South Australia, abortion is legal under the circumstances that the mother’s life is at risk, foetal defects, rape, health, and/or mental health. Abortion is also provided at a low cost or for free, and must be performed in a hospital. In New South Wales, abortion is still criminalised but can be exempted due to the same circumstances as mentioned above. New South Wales also takes economic and social factors into consideration. An evaluation must be done by a doctor to establish whether the abortion can be granted.
So, why do we have these laws today, and how did they come to be?
In England, 1938, the case of R v Bourne set the precedent for the circumstances under which abortions could legally occur. Abortion had been a criminal offence before this case, but the severity of this crime had varied over the years depending on how far along in the pregnancy it was performed. In some cases, abortion was allowed if performed in an effort to save the life of the mother.
In this specific case, however, the court decided in favour of a fourteen year old girl who had been raped. They deemed that the mothers mental health would be significantly impacted if she were to carry the child to term, and thus granted a legal abortion. By introducing mental health as a factoring influence, this was to alter the attitudes of abortion for decades following.
This factor provided some dilemmas in Australia, however. Up until 1969, abortion was not criminalised if the mothers life was at risk, or if it were to severely impact her mental health. However, if a doctor were to determine that the woman was ill-equipped to be a mother, and a court disagreed, then the doctor would be in danger of being liable.
When the Abortion Act of 1967 was introduced in England, this removed some of that ambiguity, and provided a defence for physicians who carried out abortions for women that they felt would be impacted by having a child. In 1969, South Australia adopted these reforms, and also include cases where the foetus was proven to be born with abnormalities. Following these reforms, Victoria and New South Wales shortly followed suit.
Abortion laws remained much the same; not legal without limitations in all states, up until 2008. The Victorian government introduced the Abortion Law Reform Act which removed the obligation of medical and psychological assessments. This Act has been widely recognised in Australia as an advance in female medical rights and feminism.
Not every state has adopted the reforms of this Act, however, as while a psychological assessment is still required in Queensland, New South Wales, and South Australia.
New South Wales is aiming to change their reforms towards abortion, and adopt a similar stance to Victoria’s 2008 Abortion Law Reform Act by decriminalising abortion. While there has been a heated media debate, the bill has passed its first obstacle into Parliament.
Abortion law in Australia has been a slow moving train, and we have often looked towards our predecessors for guidance. It is also a history that has often left out the voice of the women, and those who continue to fight for their autonomy.
What are your opinions on this topic? Comment below!
Sources:
Ethics - Abortion: Historical attitudes to abortion. Retrieved from http://www.bbc.co.uk/ethics/abortion/legal/history_1.shtml
(2019, April 30). The History of Abortion Laws in Australia. Retrieved from https://gcaus.com.au/news/history-abortion-laws-australia/
Gleeson, K., & ARC Research Fellow. (2019, August 30). Still keeping women out: a short history of Australian abortion law. Retrieved from https://theconversation.com/still-keeping-women-out-a-short-history-of-australian-abortion-law-11732
McGowan, M. (2019, August 19). NSW abortion law: the decriminalisation reform bill explained. Retrieved from https://www.theguardian.com/australia-news/2019/aug/19/nsw-abortion-law-the-decriminalisation-reform-bill-explained
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