Fierce debate looms, with no guarantee legislation to allow women to terminate a pregnancy up to 22 weeks will pass

This article is more than 2 years old

This article is more than 2 years old

Abortion would be removed from the Queensland criminal code under legislation that will be brought before the state parliament next month.

As revealed by Guardian Australia on Saturday, the proposed laws will make abortion available up to 22 weeks and provide safe access zones around abortion clinics.

Government MPs will be allowed a conscience vote, while the opposition Liberal National party has said it will scrutinise the detail before deciding how to proceed. The bill will be tabled in August, with a vote expected in October.

Premier Annastacia Palaszczuk announced the proposal in Brisbane on Monday afternoon, saying it was a “proud day”.

“This is an important health issue for women across this state,” Palaszczuk said.

If the legislation passes, it would leave NSW as the only state in Australia to retain its archaic criminal abortion laws.

In Queensland, women face jail terms up to seven years, and doctors up to 14 years, for terminating a pregnancy. The last people charged under the laws were a Cairns couple, who were acquitted in 2010.

There are seven abortion clinics operating in Queensland and anti-abortion groups have argued against reform, citing a lack of prosecutions.

'Young and terrified': the Queensland women forced to go interstate for abortions Read more

But the criminal laws remain a significant roadblock for women to access services, particularly in regional areas. Public hospitals will not provide surgical abortions, and there is only one clinic north of the urban south-east that operates regularly.

Women from far north Queensland, unable to access services in Cairns, have been forced to fly out to seek services elsewhere. The professor of obstetrics and gynaecology at James Cook University in Cairns, Caroline de Costa, has said doctors in the public stream lack training and experience because they are not exposed to women seeking abortions.

The deputy premier, Jackie Trad, said she had campaigned for this change since she was a teenager.

“Queensland’s current laws create uncertainty among doctors about how the law works, and the possibility of prosecution of health professionals and women impedes the provision of safe, accessible healthcare.

“This leads to fear and stigma and disproportionately impacts women who are already disadvantaged, including women in low socio-economic groups, victims of domestic violence, those in rural, regional and remote areas and Aboriginal and Torres Strait Islander peoples.”

The Labor caucus endorsed the recommendations of the Law Reform Commission be put to the parliament. The proposal is similar to laws in Victoria. After 22 weeks permission for a termination must be given by two doctors. A 150-metre safe access zone will block protesters and people who harass women at abortion clinics.



Doctors will be allowed to refuse to perform procedures on moral grounds. They must declare their objection and refer women to another practitioner.

The new laws’ passage through parliament is not assured. Guardian Australia understands at least six Labor MP have moral objections or concerns about the extent of the proposed changes. Several others on the government benches represent socially conservative regions, and have closely guarded their personal views.

The bill before parliament is likely to be supported by Greens MP Michael Berkman and Noosa independent Sandy Bolton. But it will not pass if opposed by the LNP, socially conservative crossbenchers and just a handful of Labor dissidents.

The opposition leader, Deb Frecklington, told reporters on Monday it had been past practice to allow party members a free vote on issues of “beginning and end of life”.

Frecklington said she would seek a briefing from the Law Reform Commission and review the proposed legislation. She stopped short of guaranteeing a conscience vote.

“Our party has strong views on it, many of our members have strong views on it, and that’s reflective of the general public,” she said.

“I do think I need to give my party members an opportunity to see what is in the legislation before we make any rash statements. What I would say is we have seen in the last parliament a piece of legislation that was on this topic that was completely abhorrent, that went to full-term abortion,” she said.

In 2016, the independent MP Rob Pyne attempted to introduce a bill that was rejected after a parliamentary inquiry failed to recommend a clear way forward.

The public debate is also likely to intensify in the coming weeks. Evangelical protesters, using aggressive US-style tactics outside abortion clinics, have visibly increased their presence recently.

It is likely there will be more protests from anti-abortion groups, who rallied in the Brisbane CBD in March, led by federal MP George Christensen and new senator Amanda Stoker.

