An abortion restriction law has narrowly failed to pass South Australia’s Upper House.
The law would have required anyone seeking an abortion from 28 weeks to give birth instead.
After hours of debate, the proposal was voted down 10-9.
Here’s the latest.
Background
Abortion was decriminalised in South Australia in 2021, allowing terminations up to 22 weeks and 6 days of pregnancy.
Abortions past this period can be approved in some circumstances. For instance, if the pregnancy poses a risk to life or mental health.
Late-term abortions require sign-off from two medical professionals before they can be permitted.
The bill
Liberal Upper House MP Ben Hoodthat would have forced women to give birth after 28 weeks.
Under the proposed changes, the law stated: “A medical practitioner may only intervene to end the pregnancy of a person who is more than 27 weeks and six days pregnant if the intention is to deliver the foetus alive.”
He introduced what’s known as a “Private Members Bill”, which can be put forward without the backing of a party.
Upper House
The SA Labor Government does not have a majority in the Upper House, meaning legislation can pass without its support.
However, legislation needs to clear the Lower House, where Labor has a majority, to become law.
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While Premier Peter Malinauskas had not flagged whether he supported the bill or not, he criticised what he called a “political motive” behind the legislation.
The vote
Shadow Women’s Minister – Liberal MP Michelle Lensink – had criticised the bill for undermining a woman’s right to choose a medical procedure.
Lensink is currently on leave, receiving treatment for breast cancer. She indicated she was against the bill, but could not attend Parliament in person to vote on it.
Lensink instead planned to “” her vote with an MP of an opposing position — One Nation MP Sarah Game. Lensink said Game agreed she would not vote on the legislation, to balance out the impact of Lensink’s missing vote.
However, the One Nation MP ended up voting in favour of the bill, which Lensink described as a backflip.
“I had One Nation’s Sarah Game lie to me on the phone that she would pair me on the termination laws,” she said.
After that phone call,, fearing the legislation would pass the Upper House without her vote.
On her way there, another Liberal MP who had planned to vote in favour of the bill agreed they would ‘pair’ Lensink’s vote instead, and sat out.
The bill was defeated 10 votes to 9.
Response
Labor’s Upper House leader, Kyam Maher, said he was “disturbed at the conduct of [the] debate”.
One of the architects behind the bill, Dr Joanna Howe, said: “It is devastating to have lost by one vote tonight.”
Pro-choice group, the SA Abortion Action Coalition, thanks the 10 MPs who voted in favour of what it called “preserving the current status of abortion care.”
March4Justice campaigner Denise Shrivell said the result was, “far too close”.
