Protection of Conscience Project
Protection of Conscience Project
www.consciencelaws.org
Service, not Servitude

Service, not Servitude

State of Victoria, Australia demands referral, performance of abortions

Abortion Law Reform Act 2008

Australia (October, 2008)

Sean Murphy*
The Abortion Law Reform Act 2008 legalized abortion in the State of Victoria, Australia. It came into effect on 22 October, 2008.

Section 8 of the Act (reproduced below) demands that physicians who object to abortion for reasons of conscience refer a woman to a colleague who has no such objections in order to facilitate the procedure, and requires physicians to perform abortions if necessary "to preserve the life of the pregnant woman." Many physicians who object to abortion also object to referral for abortion on the grounds that to refer or otherwise facilitate the procedure makes them morally complicit in it.

Doctors in Conscience Against Abortion Bill was formed to oppose the measure.

PARLIAMENT OF VICTORIA
Abortion Law Reform Act 2008

8. Obligations of registered health practitioner who has conscientious objection

(1) If a woman requests a registered health practitioner to advise on a proposed abortion, or to perform, direct, authorise or supervise an abortion for that woman, and the practitioner has a conscientious objection to abortion, the practitioner must-

(a) inform the woman that the practitioner has a conscientious objection to abortion; and

(b) refer the woman to another registered health practitioner in the same regulated health profession who the practitioner knows does not have a conscientious objection to abortion.

(2) Subsection (1) does not apply to a practitioner who is under a duty set out in subsection (3) or (4).

(3) Despite any conscientious objection to abortion, a registered medical practitioner is under a duty to perform an abortion in an emergency where the abortion is necessary to preserve the life of the pregnant woman.

(4) Despite any conscientious objection to abortion, a registered nurse is under a duty to assist a registered medical practitioner in performing an abortion in an emergency where the abortion is necessary to preserve the life of the pregnant woman.