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Legislative Assembly for the ACT: 1998 Week 10 Hansard (25 November) . . Page.. 2887 ..

MR STEFANIAK (continuing):

abortion although, as part of the clauses in the Bill and some of the amendments Mr Moore is proposing, there is a proposal about finding out why a woman who has chosen to abort has done so. That might help in other aspects in terms of Mr Wood's comment regarding education.

This is a Bill, however, about whether women considering an abortion should have the legislative safeguard of at least a minimum level of information to help them give informed consent. It is about whether women should have the protection of a three-day cooling-off period to help them have time to properly consider the issue and not feel rushed, perhaps, by whatever pressures there may be to have an unwanted abortion. It is also about whether health professionals and others who may wish not to be involved in the provision of abortions can actually decline to be so involved without risking their career. It certainly is, as far as I can see, about getting a few more statistics to help the development of public policy in a policy area generally hidden from a lot of public scrutiny.

I was interested to hear Mr Smyth speak and to look at the publication he has handed around the Assembly. It seems to me to be quite a well-balanced publication. It is entitled "Considering an abortion? -What are your options?" and is a New Zealand publication. It may well be an example of the type of material, if this Bill were to succeed, that could be available to women who are considering whether to have an abortion. It does go through the options. It goes through the options of continuing the pregnancy. It goes through the options of aborting. It goes through things such as what it will cost, what is an abortion, how it is carried out, follow-up care, adoption, guardianship, details and terms of foetal development, helping agencies, physical complications, and psychological effects. It is a balanced publication.

I have also had the benefit of looking at some of the material Mr Smyth has tabled in this debate in terms of what information is available at present. A lot of that information, from what I can see, just deals with women having an abortion and there is very little information in terms of the other option of continuing with the pregnancy. I think this is as much as anything a question of balance. Balance is terribly important. When I look at this Bill I do not see any of the contentious issues there were with the earlier debate when Mr Osborne brought in his first Bill. There is nothing in here about 12-week periods and there is nothing in here about the vexed question of what happens in the case of rape or incest or on the question of foetal abnormality. This is a Bill very much about information.

Some comments were made about relationship to the Crimes Act because, pursuant to sections 40 to 45 of the Crimes Act, abortion is still an unlawful act, although there is case law which has refined that and acted as guidance for courts. This provision enables this law to apply and to apply as far as it goes, and that is basically what that means.

Who could have any problem with the provision in clause 5 that abortions must be performed by medical practitioners and that they must be performed in an approved facility? How could anyone who is pro-choice possibly have a problem with that?

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