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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2022-07-06 Daily Xml
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Abortion Access

The Hon. S.G. WADE (17:05): I move:

That this council—

1. Affirms the right to access termination of pregnancy services through quality health services under the law;

2. Acknowledges that the Termination of Pregnancy Act 2021 commenced on 7 July 2022; and

3. Indicates that, barring significant unintended impacts, the Legislative Council would not support revisiting the law in this parliament.

Last week, the Supreme Court of the United States of America stepped away from Roe v Wade as an authoritative legal precedent. The court no longer recognises that there is an entrenched legal right to abortion under the Federal Constitution of the United States. While this decision has no legal impact in Australia, it has raised concerns that access to termination of pregnancy services in Australia will be curtailed.

I think it is important to stress the different legal context in each country. In the United States access to abortion has relied on a 1973 decision of the Supreme Court, a decision made 49 years ago. In the Australian context, access to abortion primarily relies on legislative regimes put in place by state parliaments. In 1969, South Australia became the first Australian jurisdiction to legislate for lawful termination of pregnancy. There is strong community support for continued access to termination of pregnancy services in South Australia.

Since 1969, there have been significant developments in abortion practice. In particular, medical abortions have become available, which no longer involve surgical procedures. The law needed to be updated to reflect contemporary clinical practice, to uphold patient care standards and provide equity of access, particularly for regional South Australians. Last year, the parliament of South Australia passed the Termination of Pregnancy Act 2021. The law moved regulation of termination from the criminal law to health law and updated the law in light of the significant changes in medical practice over the last 50 years.

Many South Australians are concerned that the Roe v Wade decision may lead to moves to not only wind back the modernisation of the law provided by the 2021 reforms but also significantly limit access to termination of pregnancy. The motion I move today gives the opportunity for the Legislative Council to reassure the people of South Australia that this parliament, in a pluralist society, will continue to support access to termination of pregnancy. The motion gives the opportunity for the Legislative Council to recognise the significant work done to get the balance right in the Termination of Pregnancy Act 2021.

In particular, a substantial report was prepared by the South Australian Law Reform Institute and extensive debate was undertaken in both houses of parliament. The parliament has a range of issues that it needs to address, both legislative and policy. I cannot see the justification for prioritising revisiting this legislation when a thorough review was only concluded last year.

This motion gives the opportunity for the Legislative Council to affirm the reality that it will take time to discern the strengths and weaknesses of the updated law. The law has not even come into effect. It will take time for the act to be implemented, it will take time for its impact to be assessed. Barring significant unintended impacts, it would be premature for the act to be revisited in this parliamentary term. I stress that this motion is being put by me as a private member. I commend the motion to the council and I seek leave to conclude my remarks.

Leave granted; debate adjourned.

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