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

Introduced: 10/5/2016By: Mr R Pyne MPStatus: Withdrawn

This summary was generated by AI and has not yet been reviewed by a human.

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 The bill was withdrawn and did not become law.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Updates the Transport Operations (Road Use Management) Act 1995 to reflect that section 226 has been repealed
Note: The bill was withdrawn before being passed, so these changes did not occur through this bill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•The bill was withdrawn, so these health law changes did not occur (Queensland later decriminalised abortion through separate legislation in 2018)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•The bill was withdrawn and did not become law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 2016View Hansard

First Reading10 May 2016View Hansard

▸Committee10 May 2016View Hansard

Referred to Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee

Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee (formerly the Health and Ambulance Services Committee)portfolio

Committee Inquiry

Report No. 24, 55th Parliament – Abortion Law Reform (Woman's Right to Choose) Amendment Bill 2016 and Inquiry into laws governing termination of pregnancy in Queensland(bill)

Committee Findings

Did not recommend passage

The Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee examined this Private Member's Bill alongside a broader inquiry into laws governing termination of pregnancy in Queensland. The committee received over 1,400 submissions and held public hearings in Brisbane, Emerald and Cairns. The committee unanimously recommended the bill not be passed, finding it failed to address important policy issues including late-term abortion regulation, conscientious objection, and protests outside abortion facilities, and did not achieve a number of its own stated objectives.

Key findings (4)

The committee received over 1,400 submissions, reflecting deeply divergent community views on abortion law
The bill aimed to decriminalise abortion by removing relevant sections from the Criminal Code, but the committee found it did not fully achieve its stated objective of protecting women and doctors from prosecution
The bill did not address regulation of late-term abortion, conscientious objection, or protests outside abortion facilities, which even the bill's sponsor acknowledged needed to be dealt with in legislation
The committee noted that a second bill on the same topic was introduced by the same member during the inquiry, but did not comment on that separate bill

Recommendations (1)

The committee recommends that the Abortion Law Reform (Woman's Right to Choose) Amendment Bill 2016 not be passed.

AI-generated summary — may contain errors

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