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QLD abortion bill passes with clarification made

Wednesday September 9, 2009

A recent case that may lead to the prosecution of a couple for committing a drug-induced abortion has lead to the issue of QLD doctor protection when administering drug-induced abortions in a bill in Queensland parliament.

The Criminal Code (Medical Amendment) Bill was passed after an hour of debate with bipartisan support. The bill was to clarify Section 282 of the criminal code, that is, to extend doctor legal protection to drug-induced terminations as well as surgical terminations, which already exists.

The Bill was also introducing an amendment so that patients can no longer by seen as committing an offence if they self-administering a treatment in compliance with a prescription.

Opposition to the Bill was present by a briefing from Attorney-General Cameron Dick saw Opposition agreed to support the clarification, as it was clear that it was not an effort to decriminalise abortion in Queensland.
Opposition Leader John-Paul Langbroek said the Liberal National Party (LNP) agreed to support the Bill once it was clear it was only a clarification and would not "liberalise" the law.

Mr Dick said the Bill amendments extended legal protection for doctors for alternatives to traditional surgical methods.

"Such medical alternatives are frequently less invasive and involve fewer risks to the patient," he said in a statement.

"It makes no sense that a cardiologist, radiologist or gastrologist would not have the same defence in law available to them as a medical practitioner who performs surgical operations, when they carry out procedures that achieve a similar outcome."

The Bill has come to light for clarification after it was revealed that many patients are now being sent to other states after public hospitals suspended their services.
The issue of Queensland's abortion laws has come to light for lawyers and the legal system with some hospitals across the state refusing to perform abortions for fear or prosecution.

This is due, in part, to the case against one couple who have admitted to taking drugs obtained from the Ukraine that induce an abortion. The drugs were discovered when police were searching their house in relation to another investigation. After questioning the couple as to what the drugs were for, they confessed that they had induced their own abortion.

Currently the Cairns Magistrate Court is adjourned the hearing to consider whether to commit the couple to trial.

Premier Anna Bligh said that calls for abortion to be decriminalised do not have enough support in parliament for such a law to be passed.

"My concern is that if a Bill came on to the floor of the parliament there would be many people on both sides who may seek to use that opportunity to restrict the availability of this procedure to women who need it," she said.

"I don't want to bring a Bill into the parliament that I don't think has any prospect of succeeding and worse, may end up constricting and constraining doctors further than they currently are."


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