Pregnant Children: Queensland Abortion Law and the Case of 'Q'
Wednesday 18 May 2016 @ 11.54 a.m. | Legal Research
A push for law reform has sparked after a Queensland child was required to seek permission from the court for an abortion.
On 26 April 2016 the Queensland Supreme Court handed down a decision in Central Queensland Hospital and Health Service v Q [2016] QSC 89, allowing 'Q' to be administered Mifepristone and Misoprostol which would terminate her pregnancy. If the drugs failed to result in the termination, the court also gave permission for medical intervention to perform the abortion surgically.
McMeekin J agreed with medical professionals in his decision, saying a continuation of the pregnancy would cause unnecessary physical and mental harm to the pregnant girl. The decision comes a month after 'Q' first sought medical assistance to terminate her pregnancy, having seen a GP, a social worker, two obstetricians, and a psychiatrist regarding her condition in the lead up to the hearing. The father to the pregnancy was also underage, and had not been informed of the pregnancy when the decision was handed down.
Legislative Background
In this case doctors were hesitant to perform the procedure without the specific approval of the court. This is despite 'Q' maintaining that she wanted to terminate the pregnancy; a decision supported by her parents and all involved medical professionals. Still she was required to seek a parens patriae from the court because current Queensland law frames abortion as inherently illegal. Listed under Chapter 22 entitled 'Offences against morality' sections 224 and 226 of the Criminal Code 1899 (QLD) ('the Code') make the unlawful administering of abortion a criminal offence, punishable by up to 14 years imprisonment. Section 225 of the Code also makes it unlawful for a woman to intentionally attempt her own miscarriage. There is an exception to these rules in that an abortion may be lawfully administered if it is legally authorised or justified under section 282 of the Code. This requires that the termination of the pregnancy is necessary to maintain the physical and/or mental health of the mother. Unless the abortion is legally justified in this way, Queensland doctors can face criminal prosecution for terminating unwanted pregnancies despite the mother consenting to the procedure.
Proposed Amendments
The case of 'Q' has resulted in a push to reform the abortion laws in Queensland. Independent MP Rob Pyne put forward the Abortion Law Reform (Woman's Right to Choose) Amendment Bill 2016 ('the Bill') to Queensland parliament on 10 May 2016 to decriminalise abortion in his state. The Bill does not specify a cut off gestation period for when termination should be considered lawful, but it is expected that this will be negotiated by parliament. Several other MPs have come forward to show support for the Bill including Deputy Premier Jackie Trad, declaring herself "unashamedly pro-choice." Opposition Leader Tim Nicholls on the other hand stated that the LNP did not support the decriminalisation of abortion. Nevertheless both major parties are allowing a conscience vote on the matter. The proposed reforms received a positive reception from the public, with pro-choice activists gathering outside parliament house to show support for the proposed Bill.
Law Throughout Australia
The suggested reforms would bring Queensland into line with other states across Australia who are similarly moving to decriminalise abortion. Such states, including Victoria, the ACT and Tasmania, have already reformed their criminal laws, allowing lawful termination for up to and including the ninth month of pregnancy. This disparity in the law between states has resulted in many women travelling interstate for easier access to abortion and treatment. This includes women from NSW, where unlawful abortion is still prohibited under sections 82, 83 and 84 of the Crimes Act 1900 (NSW). This is despite statistics from centers like Brisbane-based Children by Choice who released figures indicating that two children under fourteen were contacting them each month for help regarding abortion and unwanted pregnancies. Statistics like this suggest that the case of Q is not a stand alone instance, further spurring the push for reform in Queensland.
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