NCJ Number
222925
Date Published
March 2008
Length
196 pages
Annotation
In response to the Attorney General’s request to reform the law of abortion in Victoria, the Victorian Law Reform Commission presents reform options with a commitment to decriminalize abortion and modernize the law.
Abstract
Three possible models presented for reform of the abortion law requiring legislative changes for implementation include: (1) codify the Menhennitt rules and subsequent judicial rulings in other parts of Australia on the legality of abortion; under the model an abortion is lawful with the woman’s consent and when a doctor determines that the abortion is necessary; (2) provide for a two-staged approach to regulation with different rules for early and late abortions; and (3) regulate abortion in the same way as all other medical procedures; abortion is lawful with the woman’s consent, and if performed by a medical practitioner. Recommendations note that several changes are required to decriminalize abortions performed by medical practitioners. Highlights of the recommendations include: (1) any new abortion law should not contain mandated information provisions; (2) any new abortion law should not contain restrictions on where abortion procedures may be performed; existing health regulation is sufficient; (3) it should not be possible for a woman to be charged as an accessory to an unlawful abortion performed upon her by an unqualified person; and (4) any new abortion law should not include a specific anti-coercion provision. Concerned with the reform of the law of abortion in Victoria, the Victorian Law Reform Commission was asked by the Attorney General to provide legislative options to decriminalize abortion when performed by a medical practitioner. The offense of abortion remains in the Crimes Act despite a 1969 ruling by Justice Menhennitt that medical practitioners may lawfully perform abortions in some circumstances. This report contains three legislative models for reform of the law of abortion and several recommendations to improve the clarity of the law. Appendices A-F, glossary, and bibliography