Abortion Law Reform Act 2019 (New South Wales)

Coat of Arms of New South Wales

Abortion Law Reform Act 2019 (New South Wales)

The Abortion Law Reform Act 2019 is a significant piece of legislation in New South Wales, Australia, that decriminalized abortion and regulated its practice. The Act was passed by the Parliament of New South Wales and received assent on 2 October 2019.

Background

Prior to the enactment of the Abortion Law Reform Act 2019, abortion in New South Wales was regulated under the Crimes Act 1900 (New South Wales), which criminalized the procedure except under certain circumstances. The legal framework was based on a 1971 court ruling in the case of R v Wald, which allowed abortions if a doctor believed that a woman's physical or mental health was in serious danger.

Provisions of the Act

The Abortion Law Reform Act 2019 introduced several key changes:

• **Decriminalization**: The Act removed abortion from the Crimes Act 1900, effectively decriminalizing the procedure.
• **Gestational Limits**: The Act permits abortions up to 22 weeks of pregnancy. Beyond 22 weeks, abortions are allowed if two doctors agree that it is necessary for the woman's physical or mental health.
• **Conscientious Objection**: The Act includes provisions for conscientious objection, allowing healthcare providers to refuse to perform abortions on moral or religious grounds. However, they are required to refer the patient to another provider who does not have such objections.
• **Safe Access Zones**: The Act establishes safe access zones of 150 meters around abortion clinics to protect patients and staff from harassment and intimidation.

Legislative Process

The passage of the Abortion Law Reform Act 2019 was marked by extensive debate and public interest. The bill was introduced by Alex Greenwich, an independent member of the New South Wales Legislative Assembly. It was co-sponsored by several members from different political parties, reflecting a cross-party effort.

The bill passed the Legislative Assembly on 8 August 2019 and the Legislative Council on 26 September 2019. The final vote in the Legislative Council was 26 in favor and 14 against.

Impact

The enactment of the Abortion Law Reform Act 2019 brought New South Wales in line with other Australian states and territories, which had already decriminalized abortion. The Act has been seen as a significant step forward for reproductive rights and women's health in New South Wales.

See Also

• Abortion in Australia
• Reproductive rights
• Women's health
• Crimes Act 1900 (New South Wales)
• R v Wald