Abortion will become legal until 22 weeks gestation, and thereafter with the approval of two doctors

Abortion will become legal in Queensland, after the state’s parliament voted to support new legislation and erase a 119-year-old “morality” section of the state’s criminal code.

Loud cheers in the legislative assembly chamber at 7.42pm on Wednesday brought to an end a 50-year struggle by women’s groups in a state once notorious for its conservatism.

Queensland has debated abortion several times since the 1970s, when women’s groups first marched for abortion rights and a clinic opened up in Brisbane.

In 1985, the National-Liberal government led by Joh Bjelke-Petersen ordered raids on abortion clinics and unsuccessfully attempted to prosecute surgeons.

Queensland closer to legalising abortion after Liberal National party MPs break ranks Read more

Termination of pregnancy had been classed as an “offence against morality” under the criminal code, which the current premier, Annastacia Palaszczuk, said in parliament was written before women had the right to vote.



“I’ve always believed a woman should be able to talk to her doctor about her own health and her own body without it being a crime,” she said.

The deputy premier and treasurer, Jackie Trad, had been campaigning for the decriminalisation of abortion since the early 1990s.

“We would not be having this conversation if men were capable of having children,” Trad said. “The right of women to control their own reproduction, their own bodies is such an important part of equality in our society.”

Both Labor and the Liberal National party granted their members a conscience vote, and most expected a close result. In the end, the laws passed 50-41. Three LNP MPs – the former opposition leader Tim Nicholls, Steve Minnikin and Jann Stuckey – broke ranks with their colleagues to support the laws.

In doing so they risk the wrath of their party, whose formal policy is opposed to legal abortion. The Courier-Mail reported on Wednesday that the Pine Rivers branch of the LNP called for the disendorsement of any MP who backed the reforms. The party’s president, Gary Spence, had also reportedly told MPs they could lose preselection if they voted in favour.

Abortion will become legal until 22 weeks gestation, and thereafter with the approval of two doctors. Safe access zones will restrict protesters and people who harass women from coming with 150m of abortion clinics. Doctors will be allowed to refuse to treat a woman on moral grounds, but also legally required to refer her to another medical practitioner.

The laws were drafted based on recommendations by the state’s law reform commission.

The LNP was divided on several elements of the laws. Amendments that would decriminalise abortion, but tighten gestation limits to 16 weeks, were supported by 10 MPs who ultimately voted against the final bill.

Several spoke in the chamber about their support for abortion rights but concern about allowing abortion around the point a foetus is viable outside the womb.

Others expressed hardline religious and moral objections, equating termination of pregnancy to murder.

The strongest such contribution came from Jarrod Bliejie, the member for Kawana on the Sunshine Coast.



“Killing a baby in 1918 is no different to killing a baby in 2018,” Bleijie told parliament. “If you don’t want to have a baby, there are options available for not getting pregnant.



“But voting on a law that allows a mother and a father to terminate, to kill a child with a beating heart, up to nine months, is something I would never ever vote for.



“I think it sets a deterrent for those wishing or under pressure to have an abortion. If keeping it in the criminal code means ... one baby is stopped form being aborted, then I think that’s good.”

Children by Choice, the all-options counselling service, has been at the forefront of debates about abortion in the state for decades.

“Children by Choice has been fighting for this important reform to cruel and archaic laws since 1972 and we are so proud of all of the people who have advocated on behalf of Queenslanders who couldn’t advocate for themselves,” Children by Choice manager Daile Kelleher said.

“The reality is that nearly one in three Australian women will have an abortion in their lifetime. Criminalising reproductive healthcare creates barriers for what is a simple medical procedure and makes it harder to access and afford, and has led some people to make life-threatening decisions.

“We thank the 50 Queensland MPs who voted for this bill. You listened to the vast majority of your constituents who supported this bill and your vote will mean truly better health outcomes for all Queensland women.”

The women’s rights group Fair Agenda said the reform made it possible for doctors to provide patients with the best possible care.

“We applaud the MPs from across all sides of politics who supported this desperately needed reform,” Fair Agenda’s executive director, Renee Carr, said. “We thank you for recognising that access to healthcare comes above partisan politics.”

The anti-abortion group Cherish Life put out a statement vowing to continue its campaign and to target MPs who supported the new laws at the next state election.