South Australia’s upper house has voted down a bill blocking abortions past 22 weeks and six days.
The bill was introduced in September by independent upper house member Sarah Game and was drafted with assistance from anti-abortion activist Joanna Howe.
Upper house members voted 11 to eight against the bill during a late sitting on Wednesday night.
Here’s what you need to know.
Background
In 2021, the South Australian Government passed legislation allowing lawful terminations of pregnancy (abortion).
The law specifies doctors can only perform an abortion on someone more than 22 weeks and six days pregnant if:
- it is necessary to save their life or the life of another foetus they are carrying;
- the pregnancy is significantly risking their physical or mental health; or
- there are serious foetal anomalies.
A second section of the law outlines the factors doctors must consider when making their decision, including if “a patient has been denied agency over the decision to continue a pregnancy”.
This could include being subject to abuse or sexual slavery, or the pregnancy being a result of rape or incest.
Two doctors must agree the procedure is necessary.
Bill
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Independent upper house member Sarah Game introduced the Termination of Pregnancy Amendment Bill in September.
The amendment would have deleted the two sections allowing abortion after 22 weeks and six days.
Since the Termination of Pregnancy Bill came into effect in 2021, Game said there have been 79 terminations in “non-emergency situations”.
Game said anti-abortion activist and Adelaide University law professor Dr Joanna Howe helped draft the bill.
Vote
On Wednesday evening, eight upper house members voted in favour of the amendment, while 11 voted against.
Outside South Australian Parliament, activists including Howe staged a rally in favour of the bill.
It followed a pro-choice rally on 1 November, led by Fair Agenda and South Australian Abortion Action Coalition.
Before the vote, these groups presented a petition with almost 5,000 signatures against Game’s bill to upper house members, including independent Tammy Franks.
Comments
In a statement, Franks said “abortion is health care” and that the bill “was based on falsehoods”.
“[It] would remove protections for victims of incest, rape, sexual servitude or... ‘significant’ physical (and of course, mental) harm,” she added.
In a social media post after the vote failed, Howe said she was “devastated”.
The activist said: “This evil will not be forgotten, it will be EXPOSED… this is not the end.”
