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Legislative Assembly for the ACT: 1998 Week 10 Hansard (25 November) . . Page.. 3005 ..

MR HUMPHRIES (continuing):

Mr Speaker, my amendment is based essentially on the legislation which has been passed in Western Australia, which was something of a compromise for the Western Australian Parliament and which provides some capacity for involvement by a custodial parent in a decision by a person under the age of 16 to be involved in an abortion. Just by way of background, Mr Speaker, it troubles me enormously that it should be possible under the present arrangements for a girl of, in theory, virtually any age to be able to go to an abortion clinic in this Territory and obtain an abortion. It troubles me deeply that that is the case. I sincerely hope that this Assembly will not pass legislation tonight which contains, in effect, no restriction on obtaining abortions in those circumstances. I do not know about you, Mr Speaker, but it troubles me that a 14-, 13- or 12-year-old or younger might, under this legislation, be able to obtain an abortion simply by giving her consent to that happening.

What my amendment does is propose that a woman who is a dependent minor, that is, the person who is under the age of 16 and is being supported by a custodial parent, shall not be regarded as having given her consent to an abortion unless a custodial parent has been informed that an abortion is proposed and has been given the opportunity to participate in the discussion between the woman and the medical practitioner - where the proposed section 7 information we have just been debating is provided - and any counselling of the woman in relation to the proposed abortion resulting from that discussion. However, there is also a let-out provision. If the woman concerned does not for some reason wish to involve a custodial parent in those discussions - we are not talking about consent; we are talking about involvement in discussions - the dependent minor, the child, the woman, if you like, is able to go back to the court, in this case the Children's Court, and obtain an order that allows her not to have to obtain the involvement of any custodial parent.

Mr Speaker, I do not pretend to this house that these provisions present a terribly serious bar to children obtaining abortions. I have to say to the house that I would be much more comfortable if there were a somewhat more serious bar; not necessarily an absolute bar, but a provision which allowed for some involvement by a parent in this important decision. Mr Speaker, I do not have any daughters, but, if I had, I would be horrified by the thought that they would be in the position of approaching the question of an abortion without my involvement, without hopefully my supportive assistance in understanding the problem that they are facing.

Mr Moore: You earn that.

MR HUMPHRIES: Mr Moore says that you earn that, and perhaps he is right. Perhaps a parent does earn that right to be a confidante of their child in such circumstances. Of course, I recognise that very often people will not take their parents into their confidence in those circumstances. Mr Speaker, I for one think that the legislation ought to provide some default mechanism to allow parental involvement in those circumstances. I am not suggesting that the involvement should be absolutely an entitlement of a parent. Under the provisions that I have put forward, it is possible for a child to avoid the involvement of the parent if certain procedures are undertaken, that is, if the Children's Court is applied to for a waiver of that requirement.

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