Health (Abortion Law Reform) Amendment Bill 2016

Introduced: 17/8/2016By: Mr R Pyne MPStatus: Withdrawn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 proposed to reform Queensland's abortion laws by setting clear rules on who can perform terminations, when abortions after 24 weeks are allowed, and by creating safe access zones around clinics. Introduced by independent MP Rob Pyne, the bill was withdrawn and did not become law.

Who it affects

Women seeking abortions, doctors and nurses providing them, and people who protest outside clinics would all have been affected, but because the bill was withdrawn, none of these changes took effect.

Key changes

Only doctors (and nurses acting under a doctor's written direction) would be able to perform abortions, with up to 10 years imprisonment for unqualified people
Abortions after 24 weeks would require two doctors to agree that continuing the pregnancy poses greater health risk than terminating it
Doctors and nurses could refuse to participate on conscience grounds, except in life-threatening emergencies
The Health Minister would declare safe access zones of at least 50 metres around abortion clinics
Harassing, filming, or protesting against people entering or leaving clinics would become an offence, with fines up to 25 penalty units and up to 6 months imprisonment for publishing patient images

How this affects you

Health

•If you needed an abortion in Queensland, the law on when and how it can legally happen would have been made clearerClause 4 (new Part 3)The Bill will improve clarity for health professionals and patients in the area of medical termination of pregnancy.
•Abortions after 24 weeks would only be allowed when two doctors agree continuing the pregnancy poses greater risk to the woman's healthSection 21A doctor may perform an abortion on a woman more than 24 weeks pregnant only if the doctor reasonably believes the continuation would involve greater risk of injury to physical or mental health, and has consulted at least one other doctor who also believes this.
•Only doctors, or nurses acting under a doctor's written direction, would be allowed to perform an abortionSection 20A person who is not a qualified health practitioner must not perform an abortion. Maximum penalty - 10 years imprisonment.
•Doctors and nurses could refuse to participate in abortions on conscience grounds, except in life-threatening emergenciesSection 22No-one is under a duty to perform or assist in performing an abortion, however a doctor has a duty to perform an abortion on a woman in an emergency if necessary to save her life or prevent serious physical injury.

Justice & Rights

•Protesters would have to stay at least 50 metres from abortion clinics during operating hoursSection 23The Minister must declare an area around an abortion facility to be a protected area, at least 50m at any point from the abortion facility.
•Harassing, intimidating, filming, or protesting against people entering or leaving a clinic would carry a fine of up to 25 penalty unitsSection 24A person in a protected area for an abortion facility must not engage in prohibited behaviour, including harassing, hindering, intimidating, interfering with, threatening or obstructing a person.
•Publishing photos or video of someone entering or leaving a clinic without their consent, with intent to stop an abortion, could mean up to 6 months jailSection 25Maximum penalty - 50 penalty units or 6 months imprisonment.
•Performing an abortion without being a qualified health practitioner would carry up to 10 years imprisonmentSection 20Maximum penalty - 10 years imprisonment.

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

▸Introduced17 Aug 2016View Hansard

4.27 pmMr PYNESupports

As a private member introducing his own bill, argued the bill would improve clarity for health professionals and patients in the area of medical termination of pregnancy, including provisions for post-24-week abortions requiring two doctors, conscience protections, and 50-metre safe access zones around abortion facilities.

“The bill will improve clarity for health professionals and patients in the area of medical termination of pregnancy. There currently exists a lack of clarity around at what point during gestation and for what reasons a termination of pregnancy may be performed in Queensland.”— 2016-08-17View Hansard

First Reading17 Aug 2016View Hansard

▸Committee17 Aug 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. 33, 55th Parliament – Health (Abortion Law Reform) Amendment Bill 2016(bill)

Committee Findings

The Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee examined this private member's bill introduced by Mr Rob Pyne MP over ten months alongside a related earlier bill. The committee was unable to reach agreement on whether the bill should be passed. The bill sought to reform abortion law by amending the Health Act 1937 rather than directly amending the Criminal Code, addressing who may perform abortions, gestational limits, conscientious objection, and safe access zones around abortion facilities.

Key findings (5)

The committee could not reach agreement on whether to recommend the bill be passed, reflecting the deeply divisive nature of the issue
The bill proposed to amend the Health Act 1937 rather than directly amending the Criminal Code provisions (sections 224-226) that criminalise abortion, creating potential uncertainty in the law
Key issues examined included who may lawfully perform an abortion, requirements for abortions after 24 weeks gestation, conscientious objection rights for health practitioners, and safe access zones around abortion facilities
The committee noted that Queensland's existing abortion law relied on judicial interpretation (the Bayliss and Cullen ruling) rather than clear statutory provisions, creating uncertainty for health practitioners
The committee received a wide range of submissions reflecting deeply held community views on both sides of the issue

Dissenting views: A statement of reservation was filed but its content was not available in the extracted report text.

AI-generated summary — may contain errors

Vote on a motion

Motion moved by Mr Pyne to postpone the Abortion Law Reform (Woman's Right to Choose) Amendment Bill until the committee reports on the Health (Abortion Law Reform) Amendment Bill, and to then treat the two bills as cognate bills for their remaining stages; carried 43-43 on the Speaker's casting vote with the ayes

Passed43 ayes – 43 noes2016-11-29

The motion was agreed to.

A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.

▸Show individual votes

Ayes (43)

Bailey(Australian Labor Party)

Boyd(Australian Labor Party)

Brown(Australian Labor Party)

Butcher(Australian Labor Party)

Byrne(Australian Labor Party)

Crawford(Australian Labor Party)

Dick(Australian Labor Party)

Donaldson(Australian Labor Party)

D’Ath(Australian Labor Party)

Enoch(Australian Labor Party)

Farmer(Australian Labor Party)

Fentiman(Australian Labor Party)

Furner(Australian Labor Party)

Gilbert(Australian Labor Party)

Gordon(Independent)

Grace(Australian Labor Party)

Harper(Australian Labor Party)

Hinchliffe(Australian Labor Party)

Howard(Australian Labor Party)

Jones(Australian Labor Party)

Kelly(Australian Labor Party)

King(Australian Labor Party)

Lauga(Australian Labor Party)

Linard(Australian Labor Party)

Lynham(Australian Labor Party)

Madden(Australian Labor Party)

Miles(Australian Labor Party)

Miller(Australian Labor Party)

O’Rourke

Palaszczuk(Australian Labor Party)

Pearce(Australian Labor Party)

Pease(Australian Labor Party)

Pegg(Australian Labor Party)

Pitt(Australian Labor Party)

Power(Australian Labor Party)

Pyne(Independent)

Ryan(Australian Labor Party)

Saunders(Australian Labor Party)

Stewart(Australian Labor Party)

Trad(Australian Labor Party)

Whiting(Australian Labor Party)

Williams(Independent)

de Brenni(Australian Labor Party)

Noes (43)

Barton(Liberal National Party)

Bates(Liberal National Party)

Bennett(Liberal National Party)

Bleijie(Liberal National Party)

Boothman(Liberal National Party)

Costigan(North Queensland First)

Cramp(Liberal National Party)

Crandon(Liberal National Party)

Cripps(Liberal National Party)

Davis(Liberal National Party)

Dickson(One Nation Party)

Elmes(Liberal National Party)

Emerson(Liberal National Party)

Frecklington(Liberal National Party)

Hart(Liberal National Party)

Janetzki(Liberal National Party)

Katter(Katter's Australian Party)

Krause(Liberal National Party)

Langbroek(Liberal National Party)

Last(Liberal National Party)

Leahy(Liberal National Party)

Mander(Liberal National Party)

McEachan(Liberal National Party)

Millar(Liberal National Party)

Minnikin(Liberal National Party)

Molhoek(Liberal National Party)

Mr Speaker cast his vote with the ayes

Nicholls(Liberal National Party)

Perrett(Liberal National Party)

Powell(Liberal National Party)

Rickuss(Liberal National Party)

Robinson(Liberal National Party)

Rowan(Liberal National Party)

Seeney(Liberal National Party)

Simpson(Liberal National Party)

Smith(Liberal National Party)

Sorensen(Liberal National Party)

Springborg(Liberal National Party)

Stevens(Liberal National Party)

Stuckey(Liberal National Party)

Walker(Liberal National Party)

Watts(Liberal National Party)

Weir(Liberal National Party)

▸1 procedural vote

Vote on whether a member could speak

Procedural motion on whether the member for Nanango would be heard on the cognate debate motion; defeated 42-42 (Speaker's casting vote with the noes)

Defeated42 ayes – 42 noes2016-11-29

The member was not allowed to speak.

A vote on whether a specific member should be allowed to continue speaking.