Did you know abortion is still a criminal offence in Queensland?

Every Queenslander who has an abortion or performs an abortion is at risk of prosecution and imprisonment.

Laws covering abortion in Queensland remain in sections 224, 225, 226 of the Criminal Code. These laws make abortion unlawful unless it is performed to save the woman’s life, and prison sentences of 7 and 14 years apply. These laws are over 100 years old and no longer reflect our societies attitudes and practices.

In the 1980’s, two abortion providers, Drs Bayliss and Cullen, were charged with performing an unlawful abortion under Sections 224 and 282. The presiding judge - Judge McGuire - determined that abortion in Queensland was lawful if performed to preserve the woman from serious harm to her life or physical or mental health, not being merely the normal dangers of pregnancy and childbirth. This judgment was based on rulings in similar cases in Victoria (the Menhennit ruling) and in the United Kingdom (the Bourne case). Click here for more details.

To obtain an abortion, a person has to find a doctor who is prepared to say the abortion is needed to preserve her from serious physical or mental harm. This law is not currently policed by the prosecuting authorities so many private medical clinics in Queensland are able to provide safe abortion services to women. However, in WA there was a similar situation until 1998, when director of public prosecutions decided to charge two doctors with performing an unlawful abortion. These doctors had been providing safe pregnancy terminations for years until the prosecuting authorities decided to act against them.

Why reform abortion laws?

Over 60% of Queenslanders believe that abortion should be legal, and 85% of Queenslanders believe that abortion is a matter between a woman and her doctor.
Women and their doctors still risk prosecution.
Current law restricts availability of abortion services - the uncertainty of the law and the stigma associated with provision means that the provision of abortion services is patchy.
Pregnancy terminations are only available in private clinics based mostly in South East Queensland and not in public hospitals. This restricts access for women living in rural, regional and remote areas because the cost of procedure is much higher in regional areas (starting from $450), plus travel costs.
This situation also discriminates against economically disadvantaged women, many of whom are unable to afford the cost of termination of pregnancy services in private clinics.
The current legal situation makes training of service providers problematic because of the potential stigma and legal uncertainty surrounding abortion services limits

What is Children by Choice’s aim?

To remove abortion laws from the Queensland Criminal Code and remove the risk of prosecution against women and their doctors.

To expand sexual and reproductive health clinical and education services in order to reduce the rate of unplanned pregnancy and abortion in Queensland and Australia.

Take Action! How to get involved in the campaign

Sign up to the Children by Choice campaign email list for email alerts and campaign updates.
Download the Petition to repeal abortion laws and get your friends, workmates, family to sign it. Then send it to Children by Choice PO Box 2005 Windsor Qld 4030.
Download and complete the letter to your local member of state parliament (To find the contact details of your state MP click on this link.)

Remember - it’s pro-choice or no choice!