Tasmania decriminalises abortion

The 16 weeks gestation threshold for "abortion on request" is less than ideal. In Victoria, "abortion on request" is available up to 24 weeks gestation. In Western Australia, despite abortion remaining a part of the criminal law, "abortion on request" is available up to 20 weeks gestation. In the ACT, there is no gestational limit to a woman's ability to access abortion services without seeking the approval of a medical practitioner.

Nevertheless, in light of a move during debates in the Legislative Council to reduce the gestation threshold for "abortion on request" to 14 weeks, the end result remains positive.

On a related note, the requirement for the authorisation of two medical practitioners for abortion after 16 weeks gestation is also problematic. Empowering doctors, rather than women, to decide whether "the continuation of the pregnancy would involve greater risk of injury to the physical or mental health of the pregnant woman than if the pregnancy were terminated" is a paternalistic denial of women's dignity and autonomy. It is especially unclear why the authorisation of two medical practitioners is required.

Ironically, on the same day as the Tasmanian Parliament passed a law that signifies progress for women, the NSW Legislative Assembly voted in favour of Zoe's law, a Bill whose object is to "amend the Crimes Act 1900 to recognise the separate existence of the foetus of a pregnant women that is of at least 20 weeks' gestation (as a living person)" for the purposes of certain offenses relating the "grievous bodily harm".

Clearly, while there has been progress we still have much work to do before we can say that Australian law fully respects a woman's right to health, dignity, privacy, autonomy, equality and freedom from inhuman or degrading treatment.