Experts鈥 recommendations become landmark law
With the successful passing of abortion legislation in the South Australian Parliament, the State鈥檚 abortion laws have been 鈥榖rought into the 21st century鈥. Recommendations made by legal experts from the independent South Australian Law Reform Institute (SALRI)聽based at the University of Adelaide鈥檚 Adelaide Law School, have led to historic changes to the law.
鈥淭his landmark Act highlights the role and work of the independent South Australian Law Reform Institute,鈥 said the Director of SALRI, the University of Adelaide鈥檚 Professor John Williams.
鈥淭he topic of abortion law reform raised significant legal, health, ethical, policy and practical questions and our review of the law and our recommended changes proved complex and sensitive work.鈥
鈥淥ur main focus was to recommend that abortion legislation was moved from an outdated criminal law to a health focus.鈥 Director of SALRI, the University of Adelaide's Professor John Williams,
In February 2019 the Attorney General the Hon. Vicki Chapman MP asked SALRI to inquire into and report in relation to the topic of abortion, with the aim of modernising the law in South Australia and adopting best practice reforms.
When the Act was passed the Attorney General said it was 鈥榓 historic day for women and I think it is a historic day for the transformation of our management of this particular area of law. We have brought it into the 21st century鈥.
The Termination of Pregnancy Act 2021 passed the House of Assembly just after 2 am on Friday 19 February 2021. 29 politicians in the Lower House supported the bill against 15 who tried to stop it in a conscience vote. MPs and supporters embraced after the abortion law reforms were passed.
鈥淥ur main focus was to recommend that abortion legislation was moved from an outdated criminal law to a health focus,鈥 said Professor Williams.
鈥淒uring our review we examined the origins and operations of the South Australian law dating back to 1969, interstate law, similar reviews undertaken in comparable jurisdictions, available research, the many responses and submissions we received during the consultation process as well as contemporary medical practice and procedures.鈥
SALRI鈥檚 550 page report Abortion: A Review of South Australian Law and Practice, which contained 66 recommendations to law and practice, was delivered to the Attorney General in October 2019. SALRI鈥檚 work was widely acknowledged on all sides of the political spectrum during the parliamentary debate as well as receiving the commendation of the Law Society of South Australia.
鈥楽ALRI received 2885 online survey responses and about 340 further submissions ranging from a single sentence to hundreds of pages,鈥 said Deputy Director of SALRI, the University of Adelaide鈥檚 Dr David Plater.
鈥淲e conducted five roundtable discussions with interested parties and organisations in Adelaide, and further meetings were conducted in Whyalla, Port Augusta, Ceduna and Port Lincoln, as well as individual and small group meetings with metropolitan, rural and interstate medical and health practitioners and experts in this area.鈥
Professor Williams expressed his appreciation to the report鈥檚 authors and the valuable background research carried out by students of the Adelaide Law School鈥檚 Law Reform class.
鈥淚 would like to thank all who took part in this important reference and for the many insightful comments and submissions that SALRI received,鈥 he said.
SALRI's previous work in such diverse areas as computer evidence, succession law, LGBTIQ discrimination, a relationships register, surrogacy, provocation and other defences, family violence and health safe access zones聽were accepted and led to major changes to law and practice.
Media Contacts:
Crispin Savage, Senior Media and Communications Officer, University of Adelaide. Mobile: +61(0)481 912 465, Email: crispin.savage@adelaide.edu.au