Victorian Legislative Council votes 27-11 to defeat Infant Viability Bill 2015

On 25 May 2016, after just two hours of debate, the Legislative Council of Victoria voted down, by 27 votes to 11, the Infant Viability Bill 2015 introduced in October 2015 by Democratic Labour Party member Hon Dr Rachel Carling-Jenkins.

The Bill would have prohibited abortions from being performed in Victoria at 24 weeks of pregnancy or later; it would have required medical practitioners to refer women in late pregnancy in distress to appropriate support services; and it would have required appropriate care be given to any baby delivered at 24 weeks of pregnancy or later.

Dr Carling-Jenkins explained that she set 24 weeks of pregnancy as the cut off date for the Bill "predominantly on the basis of 24 weeks gestation being, in practice here in this state [Victoria], accepted as the point of viability for infants."

Picture from L'il Aussie Prems  

In 2011, the latest year for which data has been published by the Consultative Council on Obstetric and   Paediatric Mortality and Morbidity, there were 378 abortions performed in Victoria at 20 weeks or later. Of these 183 were performed for “maternal psycho-social indications” and 195 for “congenital abnormality” (that is the baby had, or was thought to have had, a disability). Forty (40) babies aborted at or after 20 weeks for disability survived the abortion and were born alive but all died subsequently. (Table 6.19, p. 136) There is no evidence that these babies were given resuscitation or other appropriate medical care.

Ten (10) abortions for “maternal psycho-social indications” were performed at 28-31 weeks, well past the stage of viability, and one (1) at 37 weeks or later. (Table 6.20b, p.141).

Despite this published data, the Minister for Agriculture, Hon Ms Jaala Pulford, falsely claimed that all abortions performed at 24 weeks or later were carried out at two public health facilities and were performed for late diagnosed congenital abnormalities.

Dr Carling-Jenkins is to be commended for attempting to wind back Victoria’s unrestrictedly permissive abortion law and seek to provide protection for babies who are clearly at the stage of viability and their mothers.

The other ten members who supported the Bill also deserve commendation, noting that some of them, such as Hon Daniel Mulino, while supporting abortion in general, acknowledged the justice of protecting unborn babies who have reached viability.

The members who voted for the Bill were:

Ms Melina Bath (National) melina.bath@parliament.vic.gov.au

Mr Jeff Bourman (Shooters & Fishers) jeff.bourman@parliament.vic.gov.au

Dr Rachel Carling-Jenkins (Democratic Labour) rachel.carling-jenkins@parliament.vic.gov.au

Hon Richard Dalla-Riva (Liberal) richard.dall-riva@parliament.vic.gov.au

Hon Damian Drum (National) damian.drum@parliament.vic.gov.au

Mr Nazih Elasmar (Labor) nazih.elasmar@parliament.vic.gov.au

Mr Bernie Finn (Liberal) bernie.finn@parliament.vic.gov.au 

Mr Daniel Mulino (Labour) daniel.mulino@parliament.vic.gov.au

Hon Gordon Rich-Phillips (Liberal) gordon.rich-phillips@parliament.vic.gov.au

Hon Adem Somyurek (Labor) adem.somyurek@parliament.vic.gov.au

Mr Daniel Young (Shooters & Fishers) daniel.young@parliament.vic.gov.au