XN000022-1980-11-14 — Page 6

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FRIDAY, NOVEMBER 14, 1980

THE AIM OF THE TWO BILLS IS TO TIDY UP THE EXISTING PROVISIONS AND TO SPECIFY CERTAIN OF THE CIRCUMSTANCES UNDER WHICH AN ABORTION MAY BE CARRIED OUT LEGALLY. IN ADDITION, NEW RESTRICTIONS ARE PROPOSED TO PROHIBIT ABORTIONS IN THE LATER STAGES OF A PREGNANCY.

UNDER THE OFFENCES AGAINST THE PERSON (AMENDMENT) BILL, IT IS PROPOSED THAT A LEGAL ABORTION MAY BE CARRIED OUT IF TWO DOCTORS ARE OF THE OPINION THAT THERE IS A SUBSTANTIAL RISK OF THE CHILD, UPON BIRTH, BEING SERIOUSLY HANDICAPPED THROUGH PHYSICAL OR MENTAL ABNORMALITY.

IT IS ALSO PROPOSED THAT A LEGAL ABORTION MAY BE CARRIED OUT WHEN THE PREGNANT WOMAN IS UNDER THE AGE OF 17 YEARS.

A THIRD PROVISION ALLOWS FOR A LEGAL ABORTION TO BE PERFORMED IN CASES WHERE PREGNANCY HAS RESULTED FROM INCEST, RAPE OR RAPE-RELATED OFFENCES, PROVIDED THAT THE WOMAN CONCERNED HAS MADE A REPORT TO THE POLICE WITHIN THREE MONTHS OF THE ALLEGED OFFENCE.

UNDER THE EXISTING LAW, AN ABORTION MAY BE PERFORMED AT ANY STAGE OF A PREGNANCY. IN ORDER TO PROVIDE STATUTORY PROTECTION FOR A VIABLE FOETUS, IT IS PROPOSED THAT NO ABORTION SHOULD BE CARRIED OUT WHERE A PREGNANCY IS OF MORE THAN 24 WEEKS DURATION, EXCEPT TO SAVE THE LIFE OF THE MOTHER.

A NEW PROVISION HAS ALSO BEEN MADE IN THE BILL FOR AN OFFENCE OF CHILD DESTRUCTION. THE AIM IS TO PROTECT AN UNBORN CHILD CAPABLE OF BEING BORN ALIVE, BUT BEFORE IT HAS AN EXISTENCE INDEPENDENT OF ITS MOTHER. FOR THE PURPOSE OF A PROSECUTION FOR CHILD DESTRUCTION, A WOMAN PREGNANT FOR 28 WEEKS OR MORE IS CONSIDERED AS BEING PREGNANT WITH A CHILD CAPABLE OF BEING BORN ALIVE.

IT IS ALSO PROPOSED TO REVISE THE LEVEL OF PENALTIES FOR ILLEGAL ABORTION. THE BILL EMPOWERS A COURT TO IMPOSE MONETARY PENALTIES FOR ILLEGAL ABORTIONS IN ADDITION TO TERMS OF IMPRISONMENT. IT ALSO ENSURES THAT A PERSON PERFORMING AN ILLEGAL ABORTION IS SUBJECT TO A HEAVIER TERM OF IMPRISONMENT THAN THE PREGNANT WOMAN INVOLVED.

THE PURPOSE OF THE UNDESIRABLE MEDICAL ADVERTISEMENTS (AMENDMENT) BILL IS TO PROHIBIT ADVERTISEMENTS RELATING TO THE AVAILABILITY OF ABORTION FACILITIES, EXCEPT WHEN PUBLISHED WITH THE APPROVAL OF THE DIRECTOR OF MEDICAL AND HEALTH SERVICES. WITH GREATER PUBLICITY ON THE AVAILABILITY OF FACILITIES FOR LEGAL ABORTION, IT IS HOPED THAT WOMEN GENUINELY IN NEED WILL BE PERSUADED TO SEEK SAFE ABORTION IN GOVERNMENT OR APPROVED HOSPITALS AND CLINICS.

THE TWO BILLS WILL BE INTRODUCED INTO THE LEGISLATIVE COUNCIL ON NOVEMBER 19.