Mr Tudehope, who opposes the bill, has claimed it would allow "unrestricted abortion until the moment of birth". Treasurer Dominic Perrottet said on Sunday it would allow "late-term abortions right up to birth without any real restrictions". Loading But the state's former Director of Public Prosecutions, Nicholas Cowdery, said it was "totally false" and "alarmist" to suggest the bill allowed unrestricted abortions up until birth. "I think it's part of the opposition propaganda script that they tend to revert to when arguing about all of this," Mr Cowdery said. "It's designed to evoke an emotional response to the arguments rather than a rational response, and politicians know that."

Mr Tudehope told the Herald he stood by his comments and it was "an issue that divides public opinion. It is critical everyone has an opportunity to have their say". Loading He said that he had made clear his personal view that the bill "contains flaws that should be looked at closely in more detail prior to any consideration by the Parliament". "The removal of criminal restrictions on abortion up until birth is something that I and many in the community feel strongly about," Mr Tudehope said. It is lawful for a doctor in NSW to perform a termination in circumstances where they reasonably believe it is "necessary to preserve the woman from a serious danger to life or her physical or mental health".

There are no restrictions on the time at which this may be done, although it may be difficult in practice finding services for abortion after 20 weeks. In all other cases, it is a crime punishable by up to 10 years in prison for a pregnant woman or another person to "unlawfully" administer a drug or use any instrument or other means with the intention of procuring a miscarriage. Pro-choice supporters rallied outside NSW Parliament last week. Credit:AAP Under the new bill, criminal sanctions on women and doctors – but not unlawful "backyard" abortion clinics – seeking or performing terminations are removed. A registered doctor may perform an abortion on request on any woman who is "not more than 22 weeks pregnant". This goes further than the existing law because it is not tied to the existing requirement that a doctor believes it is "necessary" to preserve a woman from a "serious danger".

Doctors may also perform a termination on a woman who is more than 22 weeks pregnant if they have have consulted with a second doctor – a new requirement – and both consider the termination "should be performed". Loading In making this decision, both doctors are legally required to "consider" all relevant medical circumstances, professional standards and guidelines relating to abortions, and the woman's "current and future physical, psychological and social circumstances". Sydney barrister Larissa Andelman, president of the Women Lawyers' Association of NSW, said "there is in fact more oversight by medical practitioners after 22 weeks" under the proposed law, and "that's actually more restrictive than it is today". In an emergency, the new law allows a doctor to perform an abortion on a woman who is more than 22 weeks pregnant without consulting a second doctor, but only if the doctor considers it "necessary ... to save the person’s life, or save another fetus". This appears narrower than the existing law.

Mr Tudehope said: "I stand by my comments that this bill will allow unrestricted abortions up until birth, as there is no requirement in the bill for a medical practitioner performing an abortion after 22 weeks to determine that is necessary for the woman. "They merely have to ‘consider’ relevant circumstances. My view is that this wording will therefore allow for an abortion for any reason, unrestricted, up until birth." Mr Cowdery said it was a "sad commentary on those people who are downgrading medical practitioners' adherence to the standards of medicine" that it had been suggested that the bill allowed for unrestricted abortions. "For years now Victoria has had a very similar regime; Queensland has just recently adopted a very similar regime. NSW ... has an opportunity to fall into line with best practice around the country. It's high time that we caught up with the rest of the country," he said. "[Doctors] are not going to be in a position of just doing what a woman asks them to do."

Mr Cowdery said the vast majority of abortions took place before 14 weeks. There was a "tiny percentage" of late-term abortions, which were "not undertaken lightly". An estimated 0.7 to 2.8 per cent of abortions occur after 20 weeks, and terminations after 22 weeks are rarer still. WomenVote, a lobby group set up this year by three Sydney-based lawyers to scrutinise election policies and advocate for greater representation of women in politics, said it was "absolutely supportive of the bill, which is overdue". Maria O’Brien, a partner at a global law firm who co-founded WomenVote with barristers Vanessa Whittaker, SC, and Sera Mirzabegian, said the bill "clearly enjoys the support of a broad spread of politicians across the political spectrum and an overwhelming number of health, community and women's organisations who are best placed to inform women's health policy". "It clearly has appropriate safeguards in respect of terminations after 22 weeks, providing clarity particularly for the medical profession," Ms O'Brien said.

"It doesn't allow unrestricted, unfettered access to terminations after 22 weeks. Clearly NSW has lagged in catching up on women's reproductive rights. It's more than time that this was redressed, particularly for women in regional and rural areas." Law Council of Australia president Arthur Moses, SC, said the matter was "an issue for the NSW Parliament" but offered a number of "general observations that apply to any laws", including that "consistency in laws across state and territory borders ... prevents confusion about rights and obligations". "Any debate about this sensitive issue should be conducted respectfully by both sides and not based on incorrect statements. This will avoid undue distress being caused to persons who may be grappling with this issue in their personal lives. It will also enhance the opportunity for the proposed laws being properly considered," he said.