Termination of Pregnancy Bill 2018
Plain English Summary
Overview
This bill decriminalises termination of pregnancy in Queensland by repealing Criminal Code provisions that made it a crime punishable by up to 14 years imprisonment. Based on 28 recommendations from the Queensland Law Reform Commission, it creates a new legal framework treating termination as a health matter rather than a criminal one, with a gestational limit of 22 weeks for termination on request and additional safeguards for later terminations.
Who it affects
Women seeking termination services gain legal certainty and improved access, free from the threat of criminal prosecution. Medical practitioners and other health professionals gain clear legal authority to provide these services within the new framework.
Key changes
- Termination on request up to 22 weeks gestation, performed by a medical practitioner without additional legal requirements
- After 22 weeks, termination requires two medical practitioners to consider all relevant medical, physical, psychological and social circumstances
- Women are protected from criminal liability for consenting to, assisting in, or performing a termination on themselves
- Health practitioners with a conscientious objection must disclose it and refer the woman to another practitioner or service
- 150-metre safe access zones around termination service premises, with offences for prohibited conduct (maximum 20 penalty units or one year's imprisonment) and restricted recordings
- New offences for unqualified persons who perform or assist in a termination (maximum seven years imprisonment)
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee22 Aug 2018View Hansard
Referred to Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee
The Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee examined the Termination of Pregnancy Bill 2018 over approximately six weeks, receiving hundreds of submissions and holding public hearings in Cairns, Townsville and Brisbane, as well as travelling to Victoria to learn from that state's decade of experience with similar reforms. The committee recommended the bill be passed, treating termination of pregnancy as a health issue rather than a criminal matter. The committee also recommended a conscience vote (personal vote) for all members, given the sensitivity of the subject. Michael Berkman MP (Greens) filed a supporting statement calling for stronger safe access zone provisions and expanded public health system coverage of termination services.
Key findings (5)
- The bill represented the culmination of extensive prior work, including two previous bills withdrawn before debate and a thorough review by the Queensland Law Reform Commission that attracted nearly 1,200 submissions and made 28 recommendations
- Terminations after 22 weeks' gestation were found to be rare (less than 1% of all terminations in Queensland in 2016) and generally involved complex medical circumstances such as severe foetal abnormalities
- Victorian data showed that following decriminalisation in 2008, the rate of terminations for women aged 15-44 dropped by more than 25% by 2017, countering claims that reform would increase termination rates
- The committee heard significant debate on conscientious objection provisions, with the bill requiring practitioners who object to refer patients to a non-objecting practitioner, while also protecting practitioners' right to hold personal beliefs
- Safe access zones of 150 metres around termination service premises were proposed to protect the safety, wellbeing, privacy and dignity of people accessing services, with penalties for prohibited conduct
Recommendations (2)
- The committee recommends the Termination of Pregnancy Bill 2018 be passed.
- The committee recommends that, in light of the sensitive subject matter and the history of consideration of termination of pregnancy and similar matters, the Termination of Pregnancy Bill 2018 be subject to a personal vote, otherwise known as a conscience vote, by Members in accordance with section 107 of the Standing Rules and Orders.
Committee report tabled
▸Second Reading16 Oct 2018View Hansard
▸62 members spoke30 support30 oppose2 mixed
Supported removing termination from the Criminal Code but could not support the rest of the bill, particularly the 22-week gestational limit, the inclusion of social circumstances as grounds for later terminations, and the conscientious objection referral requirement. Moved amendments to reduce the limit to 16 weeks, remove 'social circumstances', require counselling offers, and remove the referral obligation.
“With regard to the Criminal Code, which is the first element, if I can call it that, many speakers here have provided a history of the code and I will not go back into that. In my opinion, the role of the Criminal Code is now at an end.”— 2018-10-17View Hansard
As Health Minister, introduced and championed the bill as necessary to decriminalise abortion and treat it as a health issue rather than a criminal matter.
“These sections of the Criminal Code are over 119 years old. In 2018, no-one should have to fear being charged for accessing what is a safe, common medical procedure.”— 2018-10-16View Hansard
Supported the bill as a catalyst to reduce terminations, emphasising the importance of removing criminality for women's respect and health outcomes, and calling for broader societal changes to address the root causes of unplanned pregnancies.
“My support of this bill does not mean that I support terminating a life. I am supporting the rights of women to have choice, to access information and services and to be respected.”— 2018-10-17View Hansard
Opposed the bill on the grounds that it goes too far, particularly the 22-week threshold and the inclusion of social circumstances for late-term terminations.
“This bill goes much further than decriminalisation. It allows termination on request up to 22 weeks and, beyond that, on the basis of social circumstances alone.”— 2018-10-16View Hansard
Supported the bill as a long-time pro-choice advocate, arguing the 1899 Criminal Code provisions are archaic and that women should be able to make decisions free of fear, stigma and uncertainty.
“Here today we have a duty and an historic opportunity to finally remove the criminality around this issue. These women are not criminals, nor will they ever be.”— 2018-10-17View Hansard
Supported the bill as a paramedic who has witnessed the consequences of unsafe abortions and believes women deserve access to safe reproductive health care.
“I have attended cases where women have taken drastic measures to end a pregnancy. No woman should ever have to face that.”— 2018-10-16View Hansard
Opposed the bill, arguing it was underpinned by ideology rather than fact, that public opinion was against it, and expressing concern about late-term abortions, the lack of pain relief for foetuses, and discrimination on religious and cultural grounds.
“I believe the public is strongly opposed.”— 2018-10-17View Hansard
Opposed the bill as written, arguing the 22-week on-request threshold is too high and that late-term terminations for social reasons are unacceptable to the community.
“I cannot support a bill that allows for the termination of a baby at 22 weeks on request. That is a baby that could survive outside the womb.”— 2018-10-16View Hansard
Opposed the bill, viewing life as sacred and expressing concern about the 22-week gestational limit enabling gender selection and the potential to remove people with disabilities from the gene pool.
“For us, life is sacred and we should be doing everything we can to give them a chance of a life outside the womb.”— 2018-10-17View Hansard
Strongly supported the bill as necessary to remove the stigma and criminal penalties facing women who access termination services.
“Women deserve the right to make decisions about their own bodies without the threat of criminal prosecution hanging over them.”— 2018-10-16View Hansard
Supported the bill, arguing abortion is a health matter not a criminal one, highlighting the realities of pregnancy loss, reproductive coercion, and the link between forced pregnancy and poverty.
“We will decide when we have our babies, and we will decide the circumstances in which we have them.”— 2018-10-17View Hansard
Opposed the bill on moral grounds, arguing that human life begins at conception and that the bill fails to protect the unborn child.
“I believe that the right to life is the most fundamental of all human rights and that this bill fails to adequately protect the most vulnerable.”— 2018-10-16View Hansard
Opposed the bill, arguing life begins at conception and that the bill goes far beyond simply decriminalising terminations, allowing abortion on demand to 22 weeks and for social reasons beyond that.
“I cannot support the proposal for 22-week on-demand abortions. I particularly cannot stomach an abortion for social reasons or that such could be allowed beyond 22 weeks.”— 2018-10-17View Hansard
Supported the bill as a matter of women's bodily autonomy and health, arguing that abortion should be treated as a health issue.
“Every woman deserves the right to make decisions about her own body, her own health and her own future.”— 2018-10-16View Hansard
Opposed the bill as extreme compared to European countries with 12-week limits, arguing it strips the balance between protecting the unborn child and the mother's health, and fails to provide counselling or support structures.
“I cannot stand here and support a bill that is as open to abuse as this one, that offers no structure of support to the mother, no protection for the life of the unborn child and no respect for the conscience of doctors and nurses.”— 2018-10-17View Hansard
As a registered nurse, opposed the bill on grounds that the 22-week threshold is too high and the bill lacks adequate safeguards including mandatory counselling.
“As a nurse of 25 years I have held premature babies in my arms who have survived at 23 weeks. This bill allows the termination of babies at 22 weeks on request.”— 2018-10-16View Hansard
Supported the bill as a long-time advocate for decriminalisation, emphasising it is about trusting women to make their own health decisions and supporting safe access zones around clinics.
“This bill is about women. It is about trusting women to make their own health and medical decisions for themselves, because they are in the best place to make those decisions.”— 2018-10-17View Hansard
Supported the bill as important for regional women who face particular barriers to accessing reproductive health services.
“Women in regional Queensland should not have to travel hundreds of kilometres to access what is a basic health service.”— 2018-10-16View Hansard
Opposed the bill, reaffirming the LNP membership's position and constituent feedback, and raising concerns about political action committee Emily's List supporting pro-choice candidates.
“I will continue to stay strong to this commitment to the people of Queensland, the LNP and the people of my electorate of Warrego who have taken the time to contact me.”— 2018-10-17View Hansard
Opposed the bill, arguing that while he supports decriminalisation in principle, the bill's provisions for late-term terminations go too far.
“I support taking abortion out of the Criminal Code but I cannot support a bill that allows terminations up to 22 weeks on demand and beyond that for social reasons.”— 2018-10-16View Hansard
Opposed the bill based on personal experience as a teenage father and Catholic values, stating 90 per cent of constituent contact opposed the bill.
“When this vote is counted, I will be happy to go down in history as someone who valued human life.”— 2018-10-17View Hansard
As a registered nurse and committee member who examined the bill, strongly supported it based on clinical evidence and the need to treat abortion as a health matter.
“The evidence is clear—criminalising abortion does not reduce the rate of abortion. It just makes it more dangerous for women.”— 2018-10-16View Hansard
Supported the bill, describing it as an historic moment to bring Queensland into line with other states and international human rights obligations, and strongly supporting safe access zones.
“Today is an historic day in Queensland. Something that has been talked about all of my life in this state I hope will happen today.”— 2018-10-17View Hansard
Opposed the bill on the grounds that the 22-week on-request threshold is too high and the inclusion of social circumstances for late-term terminations is inappropriate.
“I cannot in good conscience support a bill that allows the termination of a pregnancy at 22 weeks simply because it is requested.”— 2018-10-16View Hansard
Supported the bill from a classical liberal perspective, arguing women should have sovereign reign over their own bodies and that forcing pregnancy is not an acceptable response to unplanned conception.
“I am not pro abortion; I am pro choice, pro autonomy, pro respect. I support the right of all Queensland women to make reproductive choices that respect their agency, individuality, desires and dreams.”— 2018-10-17View Hansard
Supported the bill as essential to ensuring women have access to safe reproductive health care without criminal stigma.
“It is time that Queensland joined the rest of Australia and treated termination of pregnancy as a health issue, not a criminal one.”— 2018-10-16View Hansard
As Premier, gave the bill her full support, arguing it is a once-in-a-century chance to grant women a basic freedom and that a woman's health should not be a matter for the Criminal Code.
“I believe—and I have always believed—that a woman should be able to talk to her doctor about her own health and her own body without it being a crime.”— 2018-10-17View Hansard
Supported the bill as consistent with the Queensland Law Reform Commission's recommendations and necessary to bring Queensland law into line with other jurisdictions.
“This is a bill that reflects the recommendations of the Queensland Law Reform Commission following extensive consideration and consultation.”— 2018-10-16View Hansard
Opposed the bill while acknowledging women should have safe and legal access to abortion for health reasons, arguing the bill fails to provide counselling, support structures, or meaningful safeguards for later terminations.
“I do not support abortion on demand until 22 weeks for social reasons as provided in this bill.”— 2018-10-17View Hansard
As a medical doctor, opposed the bill on grounds that it lacks adequate safeguards and the 22-week on-request threshold is too high given advances in neonatal medicine.
“As a medical practitioner, I cannot support legislation that does not include mandatory counselling and that allows on-request terminations at a stage when babies can survive outside the womb.”— 2018-10-16View Hansard
As Attorney-General who introduced the bill, called on all members who support decriminalisation to vote for the bill, arguing that if not now, when, and challenging the notion that additional reviews are needed.
“If not now, when? If not this bill, how?”— 2018-10-17View Hansard
Supported the bill as necessary to ensure women in regional Queensland have equitable access to reproductive health services.
“Women in central Queensland deserve the same access to safe reproductive health care as women in the south-east corner.”— 2018-10-16View Hansard
Opposed the bill, arguing the existing laws achieve a balance, that there is no pressing case for change, and suggesting an amendment to the Criminal Code to protect doctors and patients would be sufficient.
“After deep deliberation, it is my firm belief that voting in support of the Termination of Pregnancy Bill would be an abrogation of both duties.”— 2018-10-17View Hansard
Opposed the bill, arguing it fails to provide adequate protections for late-term pregnancies and lacks mandatory counselling requirements.
“I believe in a woman's right to choose but I cannot support a bill that allows late-term abortions for social reasons without adequate safeguards.”— 2018-10-16View Hansard
Opposed the bill, stating his constituents and electorate overwhelmingly oppose it, and arguing that while he supports removing imprisonment for women having an abortion, he cannot support abortion on demand for social reasons up to 22 weeks.
“I cannot support abortion on demand, a free-for-all for any reason including social reasons, up to 22 weeks gestation.”— 2018-10-17View Hansard
Strongly supported the bill as the sole Greens MP, arguing for full decriminalisation and women's bodily autonomy.
“Abortion is health care. Full stop. It should never have been in the Criminal Code and it is well past time we fixed that.”— 2018-10-16View Hansard
Opposed the bill, arguing the existing law's starting point of protecting the unborn child should not be replaced by a framework that positively enables termination, and raising concerns about safe access zones limiting freedom of speech.
“I cannot in good conscience support this bill before the House.”— 2018-10-17View Hansard
Opposed the bill on the grounds that the community does not support late-term terminations for social reasons and the bill lacks adequate safeguards.
“The people of Condamine have made their views very clear to me. They do not support this bill and neither do I.”— 2018-10-16View Hansard
Opposed the bill, acknowledging abortion is sometimes necessary but arguing the bill goes too far, and expressing concern it could enable coerced foeticide in domestic violence situations.
“Reform is necessary but this bill goes too far. I will not be supporting the bill. In all conscience, I cannot.”— 2018-10-17View Hansard
Supported the bill as necessary to bring Queensland law into the 21st century and remove criminal penalties for women accessing health care.
“It is 2018 and women in Queensland still face the threat of criminal prosecution for making a decision about their own health. That has to change.”— 2018-10-16View Hansard
Opposed the bill, stating the vast majority of residents who contacted him expressed concerns, and noting the contribution of the member for Hervey Bay affected him greatly.
“Whilst I may have a deep-seated belief in the individual's right, there is also the right of the unborn healthy child.”— 2018-10-17View Hansard
Opposed the bill on moral and practical grounds, arguing it goes beyond decriminalisation to allow late-term terminations that are unacceptable.
“This bill is not simply about decriminalisation. It goes much further than that and I cannot support it.”— 2018-10-16View Hansard
As Minister for Health, delivered the reply speech, defending the 22-week gestational limit as evidence-based from the QLRC, and criticising opposition members who said they supported decriminalisation but would not vote for the bill.
“This bill will recognise that termination is a health matter that does not belong in the Criminal Code.”— 2018-10-17View Hansard
Shared deeply personal story of his own adoption and opposed the bill, arguing for the sanctity of life and the importance of alternatives to abortion.
“I stand here today because a young woman made the brave decision to give me life. I will always be grateful for that.”— 2018-10-16View Hansard
Supported the bill and shared personal stories from constituents about the impact of criminalisation on women seeking reproductive health care.
“Every single woman who shared her story with me did so because she wanted to make sure no other woman had to go through what she went through.”— 2018-10-16View Hansard
Supported the bill as necessary to modernise Queensland law and ensure women are not treated as criminals for accessing health care.
“We cannot continue to have laws that were drafted in the 1800s governing the health care choices of women in 2018.”— 2018-10-16View Hansard
As Minister for Child Safety, Youth and Women, strongly supported the bill, highlighting the issue of reproductive coercion in domestic violence situations.
“There are many women who are forced to become pregnant. There are women who are emotionally blackmailed or intimidated out of using contraception.”— 2018-10-16View Hansard
Supported decriminalisation and safe access zones but expressed concerns about the 22-week threshold and late-term provisions. Stated she would listen to the remainder of debate before exercising her conscience vote.
“I believe that medical and surgical terminations performed by medical professionals should be decriminalised. We have come a long way from the backyard abortions and gin and hot baths of past years.”— 2018-10-16View Hansard
Supported the bill as consistent with his longstanding position that abortion should not be criminalised and that the law should reflect community expectations.
“Women and their medical professionals should not be made criminals for making a difficult decision in the interests of a woman's physical and mental health.”— 2018-10-16View Hansard
Strongly opposed the bill on behalf of the KAP, arguing it allows abortion up to birth and that the unborn child has equal value to the mother.
“The KAP made its position clear. We support the sanctity of life and we strongly object to the Termination of Pregnancy Bill.”— 2018-10-16View Hansard
As former chair of the committee that examined earlier abortion reform bills, supported the bill based on extensive evidence that the current law is ambiguous and does not serve the rule of law.
“I do not believe it is fair and just to criminalise women for making what is invariably a deeply personal, difficult and sometimes impossible decision.”— 2018-10-16View Hansard
Supported abortion reform in principle and decriminalisation but opposed this bill because the 22-week on-request threshold is too high and the bill includes social circumstances for late-term terminations.
“We need reform but, in considering my conscience and my community, I do not believe this is the right reform.”— 2018-10-16View Hansard
Supported the bill as an historic opportunity to decriminalise termination of pregnancy and bring Queensland into line with other jurisdictions.
“The laws we are seeking to change are archaic and have no place in modern society.”— 2018-10-16View Hansard
Supported decriminalisation in principle but opposed the bill due to the 22-week on-request threshold and inclusion of social circumstances for late-term terminations.
“I think we should take abortion out of the Criminal Code. It should not be part of the Criminal Code. However, on-demand terminations at 22 weeks is way too late.”— 2018-10-16View Hansard
Proudly supported the bill as pro-choice, arguing that women should be able to make decisions about their own health without criminal sanction.
“Do those opposed to this bill believe that a woman who has been raped or who has a non-viable pregnancy with a foetus that has no chance of being born alive should be incarcerated for having a termination?”— 2018-10-16View Hansard
Opposed the bill on the grounds that the community of Bundaberg does not support it and that the bill's provisions go too far.
“I have listened to my community and consulted widely and I will be voting against this bill.”— 2018-10-16View Hansard
Supported the bill as necessary to ensure women have access to safe, legal reproductive health services.
“This bill is about ensuring that women in Queensland can access safe reproductive health care without fear of criminal prosecution.”— 2018-10-16View Hansard
Opposed the bill on moral grounds, arguing for the protection of unborn life and that the bill lacks adequate safeguards.
“I cannot in good conscience vote for a bill that fails to adequately protect the rights of the unborn child.”— 2018-10-16View Hansard
Supported the bill as a matter of women's rights and health, arguing that the current criminal laws are outdated and harmful.
“Queenslanders expect their parliament to act on what is right, what is just and what reflects the values of a modern, compassionate society.”— 2018-10-16View Hansard
Opposed the bill, arguing that his electorate overwhelmingly opposes it and that the bill's late-term provisions are unacceptable.
“My constituents have spoken loudly and clearly. They do not want this bill and I will honour their wishes.”— 2018-10-16View Hansard
Supported the bill as necessary reform to ensure women have access to safe, legal reproductive health care.
“Every woman deserves the right to make this deeply personal decision without the fear of criminal prosecution.”— 2018-10-16View Hansard
Opposed the bill and moved the adjournment of debate at the end of the sitting day.
“I will not be supporting this bill in its current form.”— 2018-10-16View Hansard
▸In Detail17 Oct 2018View Hansard
Amendments Nos 1-4 moved en bloc to reduce the gestational limit for termination on request from 22 weeks to 16 weeks, requiring two medical practitioners to consider relevant circumstances for terminations between 16 and 22 weeks.
Vote on a motion
Vote on Mr McArdle's amendments Nos 1-4 to reduce the gestational limit for termination on request from 22 weeks to 16 weeks and require two medical practitioners to agree for terminations between 16 and 22 weeks. The amendments were defeated 39-50.
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
▸Show individual votesHide individual votes
Ayes (39)
Noes (50)
Amendment No 6 to remove 'social circumstances' from clause 6(2) as a factor medical practitioners must consider when assessing whether a termination after 22 weeks is appropriate.
Amendment No 8 to insert a new clause 6A requiring medical practitioners to provide contact details for an approved counselling service before performing a termination, though counselling would not be mandatory for the woman.
Amendment No 9 to remove the requirement under clause 8(3) for conscientiously objecting health practitioners to refer women to a non-objecting practitioner or health service.