Tanya Davies and Kevin Conolly say they will move to the crossbench unless their demands for amendments are met

This article is more than 1 year old

This article is more than 1 year old

Two New South Wales Liberal party MPs have threatened to move to the crossbench if the premier, Gladys Berejiklian, refuses to cave to their demands for amendments on a bill to decriminalise abortion.

The conservative Liberal MPs Tanya Davies and Kevin Conolly have told Berejiklian they will no longer sit in the party room if amendments to the bill are not passed.

If they followed through, it would push the Liberal party into minority government less than a year after it won a slim majority against expectations at the last state election in March.

'Not OK': Ben Fordham criticised for asking Berejiklian whether she would have an abortion Read more

Davies told a public meeting on Monday night that she had told Berejiklian she would “separate herself from the government” if amendments including a ban on gender selection were not passed.

Davies was speaking at a Cathedral Conversations event at St John’s Anglican Cathedral in Parramatta on Monday night and was quoted as saying she and another MP would “remove ourselves from the party room”.

“I am one of those two, and there is another colleague of mine, who have told the premier and the deputy premier that if they do not make essential amendments to this bill, we will remove ourselves from the party room,” Davies was quoted as saying.

Quick guide Abortion in Australia Show Hide Abortion law in Australia varies from state to state. New South Wales

New South Wales is the last state to decriminalise terminations, though it remains in the criminal code in South Australia and Western Australia in some form. Abortion has been a criminal offence in New South Wales since 1900, and unlawfully procuring an abortion is punishable by up to 10 years' imprisonment. Doctors are able to conduct abortions if they believe the pregnancy is a risk to a woman’s physical or mental health, and a common law precedent set in 1971 means social and economic factors may also be taken into consideration. Laws before the NSW parliament would make abortion legal on request up to 22 weeks, and with the approval of two doctors beyond that. Queensland

The NSW legislation is based off the bill that passed in Queensland last year. Abortion is legal until 22 weeks gestation, and thereafter with the approval of two doctors. Victoria

Legal to 24 weeks and then after 24 weeks with two doctors’ approval. ACT

Legal. Until last year, only a registered medical practitioner could carry out the procedure in an approved facility. However a change to ACT law last year now allows general practitioners to prescribe abortion drugs such as MS‑2 Step. South Australia

Legal up to 28 weeks but only if two doctors agree that a woman’s physical and/or mental health is endangered by pregnancy, or for serious foetal abnormality. Unlawful abortion remains a crime. Terminations must be performed in a "prescribed hospital". Western Australia

Legal up to 20 weeks but women must be given the opportunity to participate in counselling before a termination can be performed. Teenage girls under 16 require a parent to be informed. After 20 weeks, terminations become much more difficult to access. A woman must receive approval from two doctors from a statutory panel of six who agree the woman, or her foetus, has a "severe medical condition" that justifies the procedure.

Tasmania

Lawful on request up to 16 weeks, and beyond that point with the agreement of two doctors.

Northern Territory

Legal to 14 weeks with one doctor's approval, and after that to 23 weeks with an additional doctor. Beyond 23 weeks, abortions cannot be performed unless it is performed to save a pregnant person's life.

“This means, we will disconnect ourselves from the leadership of the Liberals and Nationals which means the government goes into minority government.”

Davies was referring to the Riverstone MP, Kevin Conolly, another fierce opponent of abortion law reform.

Conolly said on Wednesday the nature of the bill, the way it was introduced to parliament and its “expedited” passage had placed him in an “untenable position”.

“Ideally, this extreme bill should be defeated outright and a new proper process commenced which would allow the community time to have input,” he said in a statement.

The Reproductive Healthcare Reform bill easily passed the parliament’s lower house 59 to 31 last month.

It was due to be voted through the upper house before Berejiklian agreed to delay its passage after a split within her party over the legislation.

How the NSW Liberals' peace deal imploded over abortion Read more

The bill has caused huge divisions within the Liberal party, pitting moderates including Berejiklian, the health minister, Brad Hazzard, and the transport minister, Andrew Constance, against the police minister, David Elliott, and the corrections minister, Anthony Roberts.

MPs opposed to abortion reform including Davies and Conolly have fought to make significant changes to the draft legislation, including removing provisions which require doctors who have a conscientious objection to performing the procedure to refer patients elsewhere.

Opponents have also seized on the so-called “gender selection” issue ahead of the vote next week, despite expert medical, legal and women’s groups saying there is no evidence the practice is an issue in NSW.

Conservatives outside the parliament have also railed against the bill. The federal Nationals MP, Barnaby Joyce, has recorded a robocall urging them to oppose the bill, claiming it would allow abortions to be performed “for any reason right up until the day of birth”.

Labor’s Walt Secord said on Wednesday Berejiklian had “bungled” debate on the change from the beginning.

“Gladys Berejiklian has caused this backbench revolt by her absolute lack of leadership,” Secord said in a statement.