The Hon Barry O'Farrell, MP Premier Minister for Western Sydney GPO Box 5341 SYDNEY NSW 2001

Dear Premier OFarrell, Re : Crimes Amendment (Zoes Law) Bill 2013 (No. 2)

I write to raise with you concerns held by Rape & Domestic Violence Services Australia (formally NSW Rape Crisis Centre) in relation to a Private Members Bill which proposes changes to the Crimes Act, known as Crimes Amendment (Zoes Law) Bill 2013 (No. 2), Crime Act. While the stated intent of the Bill is commendable, the definition that for the purposes of this bill a foetus of 20 weeks or 400 grams will be given legal personhood status is very concerning. As you are aware, established legal practice is to aim for consistency across the law. If passed, the legal personhood status consigned in this bill will define a foetus of more than 20 weeks as being a separate entity from the mother. There is no doubt that this will influence decision making in other areas of law. This is exemplified by the definition of 20 weeks gestation or 400 grams in the proposed Bill being taken from the Births, Deaths and Marriages Registration Act 1995 (NSW). The intent and purpose of the definition included in the Births, Deaths and Marriages Registration Act 1995 (NSW) is to allow grieving parents to name and bury a stillborn foetus of more than 20 weeks or 400grams. That definition has been transposed into this proposed Bill without regard to this intent. If this definition becomes part of criminal law in New South Wales, there is considerable potential for this definition to be transposed to other areas of law, again without the clarification of intent. This has the potential to result in serious implications for the reproductive rights of women in this state. We absolutely agree that there should be legal capacity to take criminal action against a person who, through criminal action or negligence and without the womans consent, causes the destruction of a foetus. Such situations include a women living with domestic violence where violence against the woman results in destruction of her foetus. It is absolutely

reasonable, and in fact we would state that it is her right, to be able to make a complaint against the offender which results in criminal action. This action should be available to the woman regardless of the foetuss gestation period. We are satisfied that the law as it currently stands provides this protection and capacity for women. In 2010 the Honourable Michael Campbell QC reviewed grievous bodily harms laws for this specific purpose. He found that: Current offences allow the justice system to respond appropriately and there was no reason to change the law or to create a new offence. He further found that: An offence of this nature causing destruction of a foetus already carries a maximum prison sentence of 25 years. There can be no suggestion that the existing criminal law is inadequate for responding to violent offences of this kind. The amendment before the parliament is unnecessary and inappropriate.

The reproductive rights of women in NSW must be respected. We urge you to confirm the international Convention on the Elimination of all forms of Discrimination against Women by voting against this bill and to use your influence in parliament to encourage others to follow your lead. Thank you for your consideration of our request.

Yours sincerely

Karen Willis Executive Officer