New powers in the COVID-19 Emergency Response Bill 2020, which passed South Australia’s Parliament last night, should be used urgently to ensure women can access abortion without being unnecessarily exposed to increased risk of COVID-19 infection.

The COVID-19 Emergency Response Bill has given broad powers to the COVID-19 emergency State Coordinator – Police Commissioner, Grant Stephens. These powers could be used to overcome existing legal barriers to abortion care, particularly telehealth services, which allow for early abortion medication and care to be coordinated by a practitioner over the phone.

Adrianne Walters, Associate Legal Director at the Human Rights Law Centre, said that the new powers should be used immediately to overcome barriers to abortion services during the COVID-19 crisis.

“During this unprecedented public health crisis, it is critical that women in South Australia have the same right as women in the rest of Australia to safely access telehealth abortion care.”

“The Government’s COVID-19 Emergency Response Bill is an important step towards safe access to abortion during this crisis period. The State Coordinator should use his powers to override medically unnecessary outdated legal barriers, in particular, the requirements for an abortion to take place in a prescribed hospital, for two doctors to be involved and for a woman to have resided in SA for two months,” said Walters.

Laws in all other Australian states allow women to access telehealth services for early abortion care.

“Early medication abortions can be provided safely via telehealth services. Telehealth is supported by medical professionals and prevents women from having to travel and risk unnecessary exposure to COVID-19 infection,” said Walters.

“South Australia’s outdated abortion laws force many women to travel long distances and interact with more health professionals than is medically needed. The laws were already causing unjustified hardships, especially for women in regional and remote areas, and are now also inconsistent with COVID-19 public health measures,” said Walters.

The permanent reform of the state’s criminal abortion laws is due to come before Parliament, after a comprehensive review by the SA Law Reform Institute (SALRI) in 2019. Deputy Premier & Attorney General, Vickie Chapman, has committed to introducing a Bill this year.

“While steps can, and should, be taken during this crisis period to remove legal barriers to abortion care, this is being done through the grant of extraordinarily broad executive powers. These powers are rightly temporary, and should be used proportionately, such as to address critical healthcare matters. Once the COVID-19 emergency has ended, the permanent reform of abortion laws in line with SALRI’s recommendations, should be pursued as a matter of urgency,” said Walters.

“Positive steps have been taken by the Attorney General and politicians across Parliament to end the criminalisation of abortion. The impact of COVID-19 on access to abortion highlights the pressing need for abortion to be decriminalised and finally treated as essential healthcare,” said Walters.

*While referring to women, we emphasise that trans-men and gender diverse people experience pregnancy and require access to safe and supportive abortion services.

Media contact:

Michelle Bennett, Communications Director: 0419 100 519