Woman holds a placard as she demonstrates against plans of tightening the abortion law in Warsaw, Poland April 9, 2016.
Woman holds a placard as she demonstrates against plans of tightening the abortion law in Warsaw, Poland April 9, 2016. Reuters/Kacper Pempel

The Queensland Parliament will be hearing the issue of abortion decriminalisation, with independent MP Rob Pyne pushing for the bill. The member for Cairns said he planned to have abortion removed from the criminal code in the state on Tuesday.

“It’s not 1899, abortion should not be a crime,” Pyne told the ABC, referring to the criminalisation of abortion since 1989. “The world is changing very quickly and unfortunately our politicians aren’t.”

Opposition Leader Tim Nicholls said the Liberal National Party would consider the bill, while Deputy Premier Jackie Trad said she supports the bill, adding that Queensland should catch up with other states in decriminalising pregnancy termination.

She said that since abortion is a matter of personal choice, every Labor MP will have a conscience vote on the matter. Nevertheless, this would all come down to whether the opposition would allow its members to have a free vote.

“It’s up to the LNP to decide whether they want to be a political party for the 1950s or the 21st century,” she was quoted by the Brisbane Times as saying. “However, I respect and understand that some of my caucus colleagues will have a different point of view and we will move forward on this issue in a deliberative and respectful manner.”

The legality of abortion in different states
Source: Children by Choice

Queensland is the only state in Australia that considers abortion illegal for both women and their doctors. It is a crime under the Criminal Code, although exceptions are made if abortion is necessary to prevent serious danger to the woman’s physical or mental health. The law has been in place since 1899, though there have been amendments, most notably in 2009 following a high-profile case involving a Cairns couple who were charged and subsequently acquitted for using an “abortion pill.”

In New South Wales, abortion is legal if performed to prevent serious danger to the mother’s mental and physical health. Economic and social factors are also considered.

In Australian Capital Territory, abortion is legal but must be carried out by a medical doctor in a medical facility.

The Abortion Law Reform Act 2008 of Victoria allows termination of pregnancy up to 24 weeks and on request by a qualified medical doctor. After 24 weeks, a second practitioner must concur with the first doctor that abortion is for the best interest of the mother.

In South Australia, it is legal is two medical practitioners agree that the pregnancy is dangerous to the mother’s physical or mental health, or if there is substantial risk to the foetus.

Tasmania considers abortion legal if under 16 weeks of gestation. After that point, mothers must have the approval of two medical doctors.