Right: The Victorian Parliament has allowed MPs in both Houses a "conscience" vote on the abortion issue. This means that individual MPs are not restricted to the official policy of their parties, but will cast their vote according to their own beliefs. Background information
Background
Current abortion law in Victoria
Abortion law in Victoria is currently governed by Sections 65 and 66 of the Crimes Act 1958 which make it a criminal offence for a woman to unlawfully procure her own miscarriage and for any other person to procure or assist with the procurement of a miscarriage.
Prior to the Menhennitt ruling in R v Davidson (1969) necessity was not considered ta defence to the charge of abortion in Victoria.
In R v. Davidson Justice Menhennitt ruled that an abortion was not illegal if it were performed with a reasonable and honest belief that the pregnancy was a serious risk to the woman's life or health. So in these circumstances, necessity became a defence to killing.
However, Menhennitt also ruled that the onus was on the Crown to prove there was no reasonable or honest belief on the part of the medical practitioner.
Since the Menhennitt ruling it is estaimated that some 20,000 abortions are performed in Victoria annually. There are those who dispute that all of these meet the standards criterion outlined by Menhennitt.
The Abortion Law Reform Bill 2008
Under the terms of the Abortion Law Reform Bill 2008 the following would pertain:
Termination of pregnancy could legally be performed by a registered medical practitioner at not more than 24 weeks' gestation.
A registered medical practitioner may also perform an abortion on a woman who is more than 24 weeks pregnant only if the medical practitioner-
* reasonably believes that the abortion is appropriate in all the circumstances; and
* has consulted at least one other registered medical practitioner who also reasonably believes that the abortion is appropriate in all the circumstances.
In considering whether the abortion is appropriate in all the circumstances, a registered medical practitioner must have regard to-
* all relevant medical circumstances; and
* the woman's current and future physical, psychological and social circumstances.
Supply or administration of drugs by a registered pharmacist or registered nurse-at not more than 24 weeks:-
A registered pharmacist or registered nurse who is authorised under the Drugs, Poisons and Controlled Substances Act 1981 to supply a drug or drugs may administer or supply the drug or drugs to cause an abortion in a woman who is not more than 24 weeks pregnant.