In an editorial published in the Medical Journal of Australia by two professors of law and medicine, they encourage uniformity and standardization of abortion laws in Australia. The dissimilar laws in various states governing abortion lead scores of women to travel interstate or internationally to access it legally.
Professor Heather Douglas and Professor Caroline de Costa said current national abortion laws are 'failing' too many women, especially in the areas of Queensland and New South Wales. Many states have decriminalized abortion in accordance with the modern development of fetal assessment for abnormalities.
In other states, they already reformed their laws and some even decriminalized abortion like in Victoria, Australian Capital Territory and Tasmania. In Victoria, for example, a woman can terminate her pregnancy up to 24 weeks with her consent and after that period, with an agreement with a second doctor.
In Tasmania, abortion is legal to 16 weeks of pregnancy while Western Australia and Northern Australia allow abortion until the woman's 20th and 14th weeks, respectively.
The authors further noted that fetal abnormality tests are now being routinely offered to pregnant women at 10 to 13 weeks. If the woman discovers that her offspring has a serious abnormality, she may choose to terminate the pregnancy.
However, since the abortion laws in Queensland are lagging in modern medical practice, this makes women travel to other places which is now termed, 'abortion tourism'. A pregnancy can only be terminated if the woman's mental and physical health is endangered because of the pregnancy.
"The abortion law in Queensland dates from 1899 and the wording has virtually not changed," Professor De Costa, of obstetrics and gynecology at James Cook University said.
"We need a decriminalisation and a 21st century approach to this topic," she added.
Many organizations aired opinions on the standardization of abortion laws in the whole country. Reproductive Choice Australia co-president Jenny Eljak urges lawmakers to take action and consider abortion as a health issue not a criminal issue.
"It's incredibly disappointing that despite our gender-balanced state cabinet, the government is failing women by showing no signs of decriminalising abortion. Our state's abortion laws are the worst in the country,' said Queensland senator and Greens deputy leader, Larissa Waters. She added that the restrictions make doctors afraid to do the procedure limiting access especially in rural areas.
The authors of the study emphasize that this year, uniformity across Australia in terms of abortion laws should be pushed. This is in line with the innovations in medical practice so women from all over the country have equal rights and access to abortion services.
Meanwhile, according to Attorney General and Minister for Justice Yvette D'Ath, laws governing abortion in Queensland would not be changed. They have no plans to change the laws at this time.
