OFFICIALS in Queensland have raised the possibility that a statute banning women from procuring their own miscarriage would be repealed as part of a review of the state's century-old abortion law.

The Australian understands that Queensland Health officials flagged the government's willingness to consider abolition of section 225 of the criminal code, carrying up to seven years' jail for the offence by a woman of intent to procure her own miscarriage. As foreshadowed on Saturday by this newspaper, state cabinet will today be briefed on a proposed rewriting of the abortion law to avert a revolt by public hospital doctors who say they could be prosecuted for performing newly developed medical abortions.

Obstetricians at the Royal Brisbane and Women's Hospital, the state's largest, have suspended its medical abortion program and others are seeking advice on their legal position.

The Royal Australian and New Zealand College of Obstetricians and Gynaecologists has advised its members in Queensland they could be "at risk under law of committing a criminal offence" because abortion, technically, remains banned by the criminal code.

The state government disputes this but, after the doctors' rebellion at RBWH, agreed to rewrite section 282 of the criminal code to cover medical abortions.

This provision, allowing doctors to perform otherwise illegal terminations to preserve the life or health of the mother, was interpreted broadly by the courts to extend access to elective abortion services. But the statute law refers only to "surgical" procedures, raising doubt on whether medical abortions are covered. A senior government source confirmed yesterday state cabinet would today consider an amendment to section 282 for medical abortion.

Deputy Premier Paul Lucas, who has carriage of the issue as Health Minister, said he would not pre-empt cabinet discussions, but he told The Australian the government would "clarify" the existing law in relation to medical abortion.

"We are not looking at changing the law in any way that makes abortion more or less available in Queensland," he said.

Mr Lucas said, however, the government was prepared to discuss with "major stakeholders", including doctors' groups, their demands for further concessions. He said he was not aware of any proposal concerning section 225 -- one of three in the criminal code explicitly banning abortion.

Section 225 has been invoked, for the first time in half a century, to charge 19-year-old Cairns woman Tegan Simone Leach with intent to procure her own miscarriage, allegedly using a contraband supply of the abortion pill RU486 and misoprostol, which is taken with it to complete a drug-induced termination. The offence carries a maximum of seven years' jail.

Her boyfriend, Sergie Brennan, 21, is charged with intent to procure an abortion under section 224 of the criminal code, with a maximum of 14 years' jail if proven, and also with supplying drugs to procure an abortion under section 226. This carries up to three years' jail.

It is understood that Queensland Health officials, in discussions with senior public sector doctors, have said the government would be prepared to consider repealing section 225. This would, potentially, allow the government to argue it was honouring its commitment not to water down Queensland's abortion laws because the criminal sanctions against anyone performing or enabling unauthorised terminations would be maintained.

Reform limited to section 282 was attacked yesterday by the alliance Pro Choice Queensland, formed to agitate for decriminalisation of abortion after the prosecution of the Cairns couple. "This move is cowardly and does nothing to address the central issue in the abortion debate in Queensland," spokeswoman Kate Marsh said.

Source: http://www.theaustralian.news.com.au/