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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2012-03-14 Daily Xml
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MATTERS OF INTEREST

JAYDEN'S LAW

The Hon. R.L. BROKENSHIRE (15:24): The MOI that I speak about today is a lead-in to a bill which I have circulated to honourable members today and will go into more detail on in the next private members' session. I will use this MOI to speak on what is known now as Jayden's Law Initiative, which is an initiative that a very brave mother, whom many of my colleagues would be aware of, Tarlia Bartsch, has raised with us regarding the tragic loss of her second child, Jayden, in the 20th week of her pregnancy.

The issue of real concern is the fact that, when Tarlia and her family made contact for a request for a birth certificate, it was denied. It was denied due to what I believe are archaic rules that need to now be addressed by parliament—which is the only place where this can be addressed—in order to bring birth certificate legislation up to date.

This is what I put up as a multipartisan opportunity for the parliament. People of all walks of life and politicians of all persuasions have been joining the support group on Facebook for what we will be introducing as Jayden's law. There are now actually 2,300 members. Also, as members will recall, 1,500 petitions have been tabled here. A lot of those are from the Port Lincoln region, where Tarlia Bartsch and her family come from, but another 500 have been provided to the clerk today. It was my intention to table the bill today but, due to time frames, it will not be tabled until the next sitting week.

I want to acknowledge the supportive work of the member for Flinders, Peter Treloar MP, and his cooperation in this campaign. I have been working with him in his office as he also supports this important amendment. I also welcome other MPs adding their support to this campaign, and I thank those who have already indicated their support.

By starting this process in South Australia, I hope to also achieve this reform nationally. I note that similar legislative amendments have been pursued by the Country Liberal Party (CLP) opposition in the Northern Territory under similar circumstances, involving a child with a similar name: Kaden.

I believe it is important to honour the women and the families grieving for their loss. This is one pathway to the healing process. It is not mandatory to get a certificate. A certificate will be issued by choice based on the individual desire of a particular family and, most importantly in my opinion, the mother of a child.

In my second reading speech I will actually detail all the technicalities of the bill and how it would work in practice. I have been enlightened and heartened by the number of families who have contacted our office since the initial discussion of this proposal. I believe that this is a chance for the parliament to be able to offer an opportunity for families who have gone through incredible trauma—trauma that none of us would wish to encounter and hopefully most of us will not have to encounter—to be able to formally request a birth certificate and be able to have that birth certificate approved through the appropriate agency.

I also wish to add that medical science has changed dramatically since the legislation was last deliberated in the parliament of South Australia. In fact, we have seen in recent examples children being born very prematurely—weighing 350 to 360 grams—and surviving.

In conclusion, I am sure that all colleagues would join with me today to support the strength and the tenacity of Tarlia—and her friend, Heather, who has been a rock of Gibraltar for her—together with the rest of her family. I look forward to members being able to contribute to this debate from next week. Hopefully, we can improve this legislation in the best interests of families in South Australia, giving them the best outcomes.

Time expired.

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