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Time for National Law on Abortion

Many Australian laws relating to abortion are unclear and outdated, placing medical practitioners at risk of prosecution, according to an article published in the current issue of the Medical Journal of Australia.

The authors, Dr Lachlan de Crespigny, Honorary Fellow at the Murdoch Children's Research Institute in Melbourne, and Dr Julian Savulescu, Visiting Professor at the Institute, say that many of Australia's abortion laws, which differ from state to state, are based on an 1861 English law that has since been repealed in the United Kingdom.

They call for federal, state and territory governments to introduce a single clear national law on abortion, with application both in early and late pregnancy.

"Doctors practise under time constraints and on a case-by-case basis," say the authors.

"Most current laws have grey areas that leave doctors vulnerable to accusations, negative publicity and career damage, especially in the case of late abortions."

The authors recommend that all jurisdictions follow the Australian Capital Territory's lead in allowing women to access abortion without fear of criminal prosecution.

The article examines a case in point in which a woman was referred to an Australian teaching hospital at 31 weeks' gestation, after she had requested a termination because her fetus had been diagnosed with probable dwarfism.

The discussion focuses on the harm done by the decision to expose the events to legal and media scrutiny.

After following due process and available legal guidelines, several of the staff involved in the procedure were suspended. The senior medical administrator involved in the decision stood down voluntarily. The patient and her family suffered when the private medical procedure became headline news.

"Abortion is one of the few medical interventions in which the doctor-patient relationship is regularly overridden by uninvolved third parties," say the authors.

They do not believe that changing abortion laws would lead to a sudden increase in demand for late abortions.

"Pregnant women, their doctors and hospitals are all reluctant to consider abortion late in pregnancy. There is no rush to late abortion in countries where some access is openly available, such as England or France."

Although most Australians support women having access to abortion, politicians prefer to "leave it to the doctor", as public discussion can lead to social disquiet and can influence votes at elections.

"If the United Kingdom can modernise its abortion laws, surely Australia can do the same," the authors conclude.

The Medical Journal of Australia is a publication of the Australian Medical Association.

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