Making it legal: Abortion providers' knowledge and use of abortion law in New South Wales and Queensland

Abstract

Review and reform of abortion laws in Queensland and NSW, as has occurred in other states and territories, has the potential to bring the law into conformity with current medical practice and to clarify the legal position of doctors providing abortion services, thereby providing an opportunity to improve women's accessibility to these services.

Abortion law across Australia – A review of nine jurisdictions

“…The clinical implications of these tests include the possibility of offering abortion to women with a positive diagnosis of a fetal anomaly. While these advances have been recognised in the law reforms of some Australian jurisdictions, in others abortion solely for severe, even lethal, anomaly remains a crime, leading doctors and women to feel obliged to exaggerate or fabricate psychological distress in order to obtain a ‘lawful’ abortion . The introduction of licensed drugs to perform medical termination of pregnancy is another aspect of clinical practice unforeseen at the time state laws were first promulgated; in some jurisdictions, medical abortion is now covered exactly as is surgical but in others, most obviously NT, the lack of legal recognition means the methods are largely unavailable to women…”

“…There is evidence to show that retaining abortion in the criminal law materially affects the practice of doctors and their willingness to take part in abortion provision . This means that abortion is regarded differently from other medical procedures and is not part of mainstream gynaecological care.…”

Intended and unintended consequences of abortion law reform: perspectives of abortion experts in Victoria, Australia

“…The Abortion Law Reform Act 200810 renders abortion provided by registered health practitioners (defined in the Act) a matter for health regulation, like other health care, removing criminal sanctions from women seeking abortion and qualified health practitioners providing it. While legal status alone does not imply accessible services, there is evidence that the legal status of abortion does affect the practice of doctors and their willingness to provide abortion services 11 12. Legal status is also assumed to contribute to women's experience of stigma, and the associated negative psychological outcomes 13 14.…”

“…The legal status of abortion would be expected to impact on the willingness of doctors and nurses and counsellors to work in the area,11 the reporting and monitoring of services, the adoption of best practice and training and professional development,16 as well as the experience of stigma and shame for both women and providers. However, it is unclear how much impact law reform alone – without associated health policy change mandating access to services – can have on attitudes towards, or availability of, abortion.…”

Rural New South Wales women's access to abortion services: Highlights from an exploratory qualitative study

“…This has had implications for lack of coordinated policy development and service delivery, and results in inequitable access to safe, legal and affordable abortion services in Australia . Confusing laws also impact on the medical professions' knowledge of their state or territory's abortion law . In NSW, abortion law is within the criminal code that creates uncertainty and lack of confidence for women and their doctors…”