Acute Health Division
Department of Human Services
AVictorian Government Department, Australia
Medical Practitioners Board of Victoria
Report on late term terminations of pregnancy
April 1998
Submissions from other organisations and institutions received by the Board
The following submissions were received in response to a public advertisement in major newspapers.
Abortion Renewal Ministries
This submission made a number of assertions including that most women have unwanted abortions because they are forced into it by the father of the baby, her parents, abortion providers or their agents. It refers to the trauma to the fetus and to the emotional trauma of the women and that there are no grounds for late term termination.
ACT Right to Life Association
This submission stated that by late term, the fetus has all the features and characteristics of a recently born child and that after 23 weeks’ gestation, the fetus experiences pain in the termination procedure.
The Assemblies of God in Australia
This submission objected to late termination on the grounds that it was never medically necessary, it endangered the life of the mother, that it contravened religious commandment. The submission objected to termination because of severe disability of the fetus on the grounds that it assumed disabled lives are not worth living.
Australian Federation of Right to Life Associations
This very detailed submission concluded that late term terminations of pregnancy should be banned. It is stated that late term abortion offends society’s duty to protect the unborn where such infants are capable of being born alive. It is argued that the child remains a separate human entity and is entitled to better treatment than abortion, and birth.
The submission argues that the Menhennit ruling is wrong because it misconstrues the relevant sections of the Crimes Act and it misconstrues the defence of necessity. It also examines the legal provisions that impose time limits on gestational age through the common law world and refers to cases where the late abortion has been "botched up", thus highlighting the dangers of the procedure for the mother.
Caroline Chisholm Centre for Health Ethics
This submission held that abortion is unethical and the later the termination of pregnancy, the more dehumanising is the procedure. The indirect therapeutic abortion to save the life of the mother or to safeguard her from a serious pathological condition or disease is ethically permissible, but that direct late term terminations after 20 weeks’ gestation should not be permitted. It was also expressed that early induction of a fetus with a lethal anomaly under certain conditions is ethically permissible and should not be confused with direct late term abortion.
This submission was made by the Centre which claims to represent a number of health care institutions in Victoria including Mercy Public Hospital, Mercy Private Hospital, St Francis Xavier Cabrini Hospital, St Vincent’s Hospital and St Vincent’s Private Hospital.
Caroline Chisholm Society
A submission was made that it opposed mid to late term terminations in Victoria on the basis that it was illegal, that it was unethical and that there were adverse effects on women.
Catholic Archdiocese of Melbourne
In a detailed and well documented submission from the Episcopal Vicar for Health Care, it was argued that late term abortion is child destruction and is clinically different from early abortion both because of the fact that the child might be capable of being born alive, and because it is recognisably human and responsive to painful stimuli. The concerns for late term abortion were also stated to be due to greater risk of psychiatric morbidity and required different methods to perform. It was argued that there are ethical and legal differences between early and late term abortion and there are serious moral and religious concerns.
Specifically in relation to late term termination as distinct to abortion in general, it was argued that there is no clinical indication for late term abortion, that late term abortion is clinically dangerous and unethical.
Catholic Young Doctors Association of Victoria
This submission stated that the Association of Catholic doctors was opposed to all abortion and considered that late term abortion is not simply a matter of religious opinion but a question of defending natural human rights and justice. They believe that a human individual exits from the moment of conception because of its unique genetic makeup. The submission stated there is no need for increasing the availability of late term abortion procedures in Victoria.
Celebration for Life
This submission proposed that there is no demand for late term abortion, stating that many women later admit in counselling that they "colluded in the killing of their baby" adding to their distress. The submission suggested that traumatisation that many women experience is not resolved by abortion.
Christian Democratic Party, Doveton Victoria
The submission objected to Dr Grundmann’s registration in Victoria.
Christian Medical and Dental Fellowship (Victoria)
This submission affirmed that the unborn child should have the rights to the care and protection of the community and that doctors have a responsibility to act for the welfare of both the pregnant woman and the unborn child. It also affirmed that disabled people have a right to the care and protection of society.
East Gippsland Region, Social Questions Committee, Catholic Women’s League
This submission defines the ethical and clinical issues. It is asserted that late termination because of minor fetal abnormalities, extreme maternal immaturity, intellectual impairment or change in socio-economic circumstances are unethical.
Family Federation of World Peace and Unification
This submission gave the opinion that it is morally wrong to abort a fetus who did not have any serious deformity or serious medical condition.
Finrrage (Australia)
Feminist International Network of Resistance to Reproductive and Genetic Engineering at Deakin University.
This submission focussed on the use of misoprostol in the termination of pregnancies and suggests that the Medical Practitioners Board of Victoria conduct an investigation into this.
Human Life International Australia Inc.
This submission opposed abortion at any stage but considered that late term abortion represented deliberate and premeditated killing of a human being. It argued that there is no medical or social indication for late term abortions and that acceptance of late term termination would lead to a situation where "certain classes of humans have their life terminated for the perceived benefit of other classes of humans".
The Institute of Men’s Studies
This submission deplored the "killing off of viable and/or near viable fetuses."
National Research Co-ordinator - Focus on the Family (Australia)
This submission recommended that late term abortion beyond 16 weeks be illegal and expressed concern about counselling services provided for mothers.
Open Doors Counselling and Educational Services
This submission urged that the emotional and psychological consequences of termination of pregnancy should be given consideration.
Planned Parenthood of Australia
This organisation appears based in Brisbane with Dr David Grundmann as a medical director. It stated that the Brisbane clinic is the only clinic to perform to perform late term pregnancy terminations and the Croydon Hospital will be opening as a day surgery offering a number of different medical services within the one facility.
The submission was accompanied by a paper on mid trimester counselling, defining counselling objectives and the role of the counsellor in mid trimester terminations. In particular it emphasises the need for pre-operative counselling to assess whether the woman will be at risk for intense emotional reaction accompanied by an extended period of grief.
The attached paper by Dr David Grundmann was a general presentation of his views on late terminations and the practice of this. It concluded that abortion should be decriminalised, that abortion should be demystified and that adequate training should be provided for medical students and resident doctors in all areas of abortion service delivery. It also concludes that moral and social stigma associated with abortion must be removed and the medical profession must stop being judgmental about abortion. It states that we must accept that women can make important decisions.
The submission of the Planned Parenthood of Australia to the Medical Board of Queensland in their inquiry into termination of pregnancy beyond 20 weeks’ gestation was provided.
Pregnancy Help Geelong Inc
This submission, partly based by a personal experience, implied that women who request abortion subsequently regret it and do not receive appropriate counselling.
Pro-Life Victoria (Inc)
This submission appeals to the Board to "rule against the practice of partial birth abortion on straight ethical grounds".
It is argued that the medical profession should campaign against abortion. There is background information provided regarding partial birth abortions and the issue of fetal pain awareness is canvassed.
The submission asserts that the legalisation of abortion has not resulted in a reduced number of unwanted pregnancies and battered babies. The Board is referred to the writings of Professor P Ney and the negative effect of termination on the family. The physical and psychological effects on the mother are highlighted.
Articles by Professor Ney were loaned to the Board.
Public Health Association of Australia Incorporated
This submission approached abortion as a public health issue, recognising women’s rights to reproductive autonomy and claiming that globally, countries are turning away from concentration of construction of criminality in relation to abortion and towards a concern for women’s health and family well being. Medical practitioners should not be given a statutory right to determine whether or not a woman is entitled to an abortion. This decision must be vested in the woman.
The submission addressed the question of provision of services including appropriate standards of best practice, training of doctors and removing the stigma created by criminal statutes.
The Right to Life Victoria Inc
This submission objected to all abortion but particularly late term termination on the grounds of killing an unborn child that could never be justified by regulation or on the basis of a mother’s health. It further argued against termination on the grounds of severe fetal abnormality.
Thomas More Centre
This submission stated that in the third trimester of pregnancy, the fetus is viable. If pregnancy has to be terminated to save the life of the mother, this should not be done through destruction of the fetus.
Women Hurt by Abortion Inc.
It is argued that many women who have undergone a termination of pregnancy have psychological sequelae. It is estimated that 10-87% of women report psychological damage. It is admitted that research on Post Abortion Syndrome has been inadequate but it is asserted that the psychological effects of termination over the past 25 years are resulting in significant social, psychiatric and financial burdens.
Further information regarding Post Abortion Syndrome was provided.
World Federation of Doctors Who Respect Human Life (Queensland Branch)
This submission directs its objection particularly against Dr Grundmann’s practice. The submission appeals the Medical Practitioners Board to act against late term abortion and in particular the specific act of cranial decompression abortion. It also recommends an impartial tribunal to regulate late term abortion, removing the discretion to undertake abortion from practitioners who may have vested financial interest and radical ethical views.
World Federation of Doctors Who Respect Human Life (Victoria Division)
This submission discussed the rights of a fetus who may be viable and should be protected. The submission stated that partial birth (dilation and extraction) abortions are not medically necessary and the termination techniques that deliberately attempt to kill are illegal.
Other Submissions
The Board also received 336 letters from individuals who expressed their concerns regarding the issue of late term terminations of pregnancy.