Page 1119 - Week 05 - Tuesday, 23 June 1992
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MR DE DOMENICO: God will forgive you; but I tell you who will not forget, Mrs Grassby, and that is the people in the ACT, who were not consulted about this. They have very long memories. May God bless you and may God forgive you.
MRS CARNELL (9.27): I think it is important to start by restating what we are debating. We are not debating whether abortion should or should not be legal or even which women should be able to seek an abortion. Those important issues, as Ms Szuty rightly said, have been left to the Crimes Act and to the common law interpretation. Justice Levine in 1971 established a legal precedent when he held that an abortion should be considered lawful if the doctor honestly believes that "the operation was necessary to preserve the woman involved from serious danger to her life or physical or mental health". What we are debating is whether women who are legally entitled to seek a termination should be able to do so in the ACT.
Before the Termination of Pregnancy Ordinance 1978 was passed, an inquiry was held to decide how best to handle this vexed issue - a topic already covered by Mr Cornwell. Substantial community consultation was carried out to ensure that the interests of women and the interests of the community were considered. Interestingly, most of the 47 recommendations made by the inquiry concerned the establishment and operation of an outpatient clinic service within the grounds of a public hospital for first trimester abortions and an in-patient service for terminations during the second trimester. The inquiry recognised the need for counselling and support, a choice of local or general anaesthetic, post-termination check-ups, and the provision of contraceptive information and advice. Unfortunately, again as Mr Cornwell said, the Federal Government of the day rejected all but two of these recommendations, so the ACT got legislation restricting terminations of pregnancy to a public hospital and the ACT missed out on a properly supported service.
The question we must ask ourselves is: Has the Termination of Pregnancy Act been successful? It certainly has stopped the establishment of private clinics, but has it in any way protected the interests of women or of the community? The average rate of abortions per 1,000 ACT women aged between 15 and 44 years for the year ended June 1991 was 16.6. The Australian average was 17.1. These figures are based on Medicare claims and therefore exclude abortions done in public hospitals. These figures indicate that the Termination of Pregnancy Act has done nothing to reduce the number of ACT women obtaining abortions each year.
Debate interrupted.
ADJOURNMENT
MADAM SPEAKER: It now being 9.30 pm, I propose the question:
That the Assembly do now adjourn.
Mr Berry: Madam Speaker, I require the question to be put forthwith without debate.
Question resolved in the negative.
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