Victoria’s new Premier John Brumby has asked the Victorian Law Reform Commission to advise him, by March 2008, on how to reform the state’s laws on abortion. In Victoria, as in New South Wales, abortion is still outlawed under the Crimes Act although judicial precedents allow abortions to occur. The previous premier, Steve Bracks, had refused to take this issue up; instead backbencher Candy Broad had introduced a private members bill to decriminalise abortion. Now, the government appears to be ready to take on this long overdue reform. Brumby is to be congratulated. Read his media release:
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Media release
From the Premier of Victoria
Monday, 20 August, 2007
ABORTION LAWS TO BE REFERRED TO LAW REFORM COMMISSION
The Victorian Government will seek advice from the Victorian Law Reform Commission on options for abortion law reform, Premier John Brumby announced today.
Mr Brumby said the Government would ask the Commission for advice on removing abortion offences from the Crimes Act and clarifying under what circumstances abortion was legal.
“For nearly 40 years the laws relating to abortion have operated in an uncertain legal environment,” Mr Brumby said.
“Abortion has remained an offence in the Crimes Act, while a 1969 Supreme Court decision has set out the circumstances in which an abortion was ‘lawful’.
“This means that our existing laws are out of step with community sentiment and current clinical practice.”
The Commission would be asked for advice on drafting laws that reflect existing Victorian abortion practices following the 1969 Menhennit ruling, which explained the circumstances in which a termination may be lawful.
Further judicial considerations have expanded the test.
The Commission would also be asked to review the regulatory and legislative arrangements in other Australian States and Territories.
“We need to modernise and clarify our laws to achieve a balanced outcome and reflect community sentiment and existing clinical practice,” Mr Brumby said.
“The current debate surrounding the Bill before Parliament has highlighted the community’s interest in reform in this area. The best way forward is to have an independent body such as the VLRC provide expert advice on appropriate options.
“It is essential that the law reflects contemporary community standards and that it is simple, clear and transparent.”
The details of the reference will be announced at a later date.
The VLRC will be asked to report by March 2008.
Following receipt and consideration of the report, the Government will put before the Parliament a Bill to modernise Victorian abortion law. This will be the subject of a conscience vote for all Government MPs.
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