Abortion: a review of South Australian law and practice [Consultation]

Sections 81, 82 and 82A of the Criminal Law Consolidation Act 1935 (SA) were closely modelled on similar provisions in UK law. Debates regarding the reform of the UK law is also currently underway, with decriminalisation of abortion supported by the Royal College of Obstetricians, the British Medical Association, the Royal College of Midwives and the Royal College of Nursing. We write as British law professors with expertise in healthcare law who have been actively involved in, or have closely followed, these parallel debates within the UK. We aim to offer context regarding the origins of the South Australian provisions, as well as to contribute to understanding of their impact on contemporary abortion services, drawing on knowledge of our own national context. We confine our responses to the first seven questions of the Consultation, addressing the general legal framework for abortion services, and question 30, regarding incidental changes to the law. While our detailed responses are set out [in our submission], our evidence can be summarised as follows: the current criminal law framework for the regulation of abortion in Britain and South Australia serves to impose anachronistic, clinically unwarranted restrictions that restrict the provision of a high quality, safe and compassionate service, and stigmatise the women and the healthcare professionals who care for them. There is a strong case for root and branches legal reform in each jurisdiction