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Legislative Assembly for the ACT: 1998 Week 10 Hansard (25 November) . . Page.. 2844 ..

MR STANHOPE (continuing):

In relation to the Osborne Abortions Bill, the ACT Division of General Practice considers Gary Humphries' amendments to be insulting to the intelligence of women in making informed choices about their health care, and to the professionalism of their medical practitioners.

The ACT Division of General Practice went through the Bill clause by clause and concluded:

This legislation will increase the social, economic and health pressures on women particularly the young, poor and socially disadvantaged, who are especially vulnerable. These women are less likely to be able to afford alternatives and may force them into a situation of procuring a backyard abortion;

The ACT Division of General Practice holds that the Humphries amendments to the proposed Osborne Abortions Bill have done nothing to alleviate general practitioners concerns and confirms their view that this legislation is unacceptable and contrary to good medical practice.

Regarding the Attorney-General's plea today that we not delay the passage of effective legislation, I would ask members, when determining the need for this Bill to be adjourned, to consider the letter which each of them received today from the ACT Director of Public Prosecutions. This is a most concerning piece of correspondence from the Director of Public Prosecutions. The ACT Director of Public Prosecutions wrote to his Minister, the Attorney-General, today saying:

My attention has been drawn to the above legislation. Despite the frequent, if not usual, but highly desirable, practice of seeking my comments on proposed legislation with a significant criminal law comment, my advice was not sought on this Bill before or after its drafting.

The Director of Public Prosecutions went on:

I have serious concerns about a number of aspects and believe that, as presently drafted, the Bill will cause significant enforcement problems and expense. I have prepared these comments in relative haste, having had little time within which to consider the Bill and its implications.

Many of the terms used in the Bill are vague and imprecise, which means that their interpretation is not clear. That imposes a real impediment to enforcement, particularly as it will lead to appeals, which are expensive and time-consuming and possibly failed prosecutions with the attendant consequent costs payable to the acquitted defendant.

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