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ALA welcomes proposed NSW abortion law changes

Advocacy groups, politicians and now legal bodies have voiced support for the proposed law change of NSW’s “archaic” and “inconsistent” abortion laws.

user iconNaomi Neilson 31 July 2019 Big Law
Ngaire Watson
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Australian Lawyers Association is urging the parliament to pass the bill following advice from health care, medical and legal organisations that have been calling for abortion law changes for years, noting it has not been reviewed in over 100 years.

Barrister and spokesperson Ngaire Watson said: “Denying women access to pregnancy termination services infringes on their rights in many different ways.”

“The current laws are out of date and inconsistent with international human rights standards, which recognise the right to reproductive choice, access to safe healthcare and equality of women before the law,” Ms Watson said.

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The bill would remove abortion from NSW criminal code and would create a standalone healthcare act to regulate the procedure. It has been fashioned after laws in Queensland and Victoria and has the backing of several major NSW medical associations.

Under the proposed legislation, a woman would not be committing an offence if she has procured a termination within the bill’s framework. The changes would also see a repeal of provisions of the Crimes Act relating to abortions and common law offences.

“Removing abortion from the Crimes Act recognises the dangerous consequences of its criminalisation – for women and medical practitioners,” said Ms Watson.

“Evidence suggests that criminalising abortion does not decrease abortion rates but merely increases unsafe procedures.”

Fronting media on Sunday, independent MP Alex Greenwich said the bill would ensure women have access to “safe and lawful” terminations without the threat of prosecution and would provide doctors “with the legal clarity they have long sought.”

The bill would allow for terminations up to 22 weeks, and later, if two doctors believe it should be performed given medical, social, physical or psychological circumstances.

In a statement, Greens spokesperson for women’s rights Jenny Leong said: “It is high time we put an end to laws which seek to undermine a woman’s right to choose and a person’s right to access the reproductive healthcare that they want.”

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