Abortion Law Reform (Woman’s Right to Choose) Amendment Bill 2016

Introduced: 10/5/2016By: Mr R Pyne MPStatus: Withdrawn

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Plain English Summary

Overview

This bill sought to remove abortion from Queensland's Criminal Code by repealing the three sections that made it a crime for women to end a pregnancy or for doctors to help them. The bill was withdrawn and did not become law.

Who it affects

Women seeking abortions and the doctors who provide them would have been removed from the risk of criminal prosecution. A minor technical change also affected the list of disqualifying offences for school crossing supervisors.

Key changes

Repeals section 224 of the Criminal Code (attempts to procure abortion)
Repeals section 225 of the Criminal Code (a woman procuring her own abortion)
Repeals section 226 of the Criminal Code (supplying drugs or instruments for abortion)
Updates the Transport Operations (Road Use Management) Act 1995 to reflect that section 226 has been repealed
Note: The bill was withdrawn before being passed, so these changes did not occur through this bill

How this affects you

Health

•Women seeking an abortion would have been treated under health law rather than criminal lawClauses 3-5Removes sections 224, 225 and 226 from the Criminal Code so abortion is no longer a criminal offence.
•Doctors providing abortion care would no longer have to rely on a narrow legal defence based on a 1986 court case to avoid prosecutionClauses 3-5The explanatory notes state doctors currently provide abortions 'knowing that it's unlawful' and relying on the R v Bayliss interpretation of section 282.
•The bill was withdrawn, so these health law changes did not occur (Queensland later decriminalised abortion through separate legislation in 2018)

Justice & Rights

•Three sections that criminalised abortion would have been removed from the Criminal CodePart 2Sections 224, 225 and 226 of the Criminal Code Act 1899 would be omitted.
•Women who end their own pregnancies would no longer face the risk of criminal prosecutionClause 4Repeals section 225 which applied to a woman procuring her own miscarriage.
•The bill was withdrawn and did not become law

Bill Journey

Introduced10 May 2016

First Reading

Committee

Committee Report26 Aug 2016

Committee report tabled

Referenced Entities

Legislation

Criminal Code Act 1899 Transport Operations (Road Use Management) Act 1995

Organisations

Children by Choice

Sectors Affected

Hospitals Public Health Criminal Law

Classified using AGIFT/ANZSIC Australian government standards