VLRC Report: Decriminalization of Abortion By Steven, Brooke, Ellie and George.

September 26th 2007, the attorney-general and deputy premier asked the Victorian Law Reform Commission (VLRC) to provide advice on options to clarify the existing laws of abortion. Main investigated issues were: should abortion be removed from Crimes acts and treated as a medical procedure, tighten and bind the laws surrounding the issue, rights of doctors, women and the fetus/child, counseling rights and consensus, take into the social and economic factors surrounding the issue and proper health care is essential. However laws surrounding the destruction of child which will still be under the Crimes Act based upon the situation. The terms of reference required the Commission to devise legislative options to decriminalize abortion with regard to current clinical practice, current legal principles, community standards, laws in other Australian jurisdictions and the governments desire to modernise and clarify the law. Result: New law: Abortion Law Reform Act 2008, removed provisions about abortion from the Criminal Act. Under the act a woman is able to access abortion up to a gestational period of 24 weeks. Commissions final report tabled in 28 May 2008. 16 recommendation of change aimed to decriminalise abortion and current clinical practices remained unchanged. The three options the Commission has come up with reflect the terms of reference and community views on decriminalisation. Option A A doctor would have to assess whether an abortion posed a risk of harm to the woman. Three options for the definition of the risk of harm that reflect current practice and legal decisions are included in the report. A doctor who performed or oversaw an unlawful abortion would face professional misconduct proceedings. Unlawful abortions would include those conducted without the womans consent, those conducted by unqualified people and those where the doctor has not established a risk of harm to the woman. Option B The womans consent is all that is needed for a doctor to provide or oversee an abortion up to 24 weeks gestation. After this point one or two doctors would have to agree that the abortion posed a risk of harm to the woman, using one of the definition options in Option A. The 24-week deadline is based on the timelines used in other jurisdictions and current clinical practice in Victoria. A doctor who performed or oversaw an unlawful abortion would face professional misconduct proceedings. Unlawful abortions would include those conducted without the womans consent, those conducted by unqualified people and those conducted after 24 weeks gestation where the doctor has not established a risk of harm to the woman. Option C The womans consent is all that is needed for a doctor to provide or oversee an abortion. A doctor who performed or oversaw an unlawful abortion would face professional misconduct proceedings. Unlawful abortions would include those conducted without the womans consent and those conducted by unqualified people. Methods of consultation. The commission conducted; research, wrote and produced publication, held consultations and roundabouts and received many submissions. As well as published information paper outlining the key issue. As well as held public forums for discussion.