Queensland’s Discrimination Against Unwanted Children
In October 2022, I began my role with Cherish Life, and just a month later, I received a request to help promote submissions for a Senate Bill. The Bill, introduced by Queensland Senator Matt Canavan, South Australian Senator Alex Antic, and Senator for Victoria Ralph Babet, tackled a deeply concerning issue—the human rights of babies who survived abortion procedures. Tragically these babies were being denied the same level of medical care that any other Australian child would receive. I was stunned by what I read.
Babies Born Alive: Historical Background
A. Federal Bills
I quickly dove into understanding how Queensland reached its current stance on this critical issue. What follows is a snapshot of that journey.
On June 17, 2016, Dr. Mark Robinson, the Member of Queensland Parliament for Oodgeroo (Cleveland), raised a question on notice concerning the number of babies who survived late-term abortions in Queensland. Astonishingly, between 2005 and 2015, that number was 204. This has been taking place for nearly 20 years.[i]
In August 2021, George Christensen, then the Federal Member for Dawson, introduced the Human Rights (Children Born Alive Protection) Bill 2021.[ii] However, in a tragic turn, the Bill was effectively shut down by then-Prime Minister Scott Morrison, a professing Christian. In a letter to Christensen, Morrison stated—or at least signed off on the sentiment—”we will continue to work with states and territories on the availability of safe and legal abortion Australia-wide.”[iii]
Over a year later, in November 2022, the “Babies Born Alive” Bill was introduced in the Senate by Senators Matt Canavan, Alex Antic, and Ralph Babet.[iv] In June 2023, pro-life organisations were invited to a public hearing in Canberra to discuss this urgent matter. Alongside other national pro-life organisations I spoke in this hearing. By August, the Committee’s report was released, concluding with this statement: “2.46 Noting the diverse and strongly held views, and that this is a matter of conscience, the committee makes no recommendations.”[v] Despite the passionate dissenting remarks from Senators Canavan, Antic, and Babet, the committee’s lack of recommendation effectively rendered the bill dead in the water.
B. Queensland Health Guidelines Revision
Yet, on October 6th, 2023, something remarkable happened quietly and without any public announcement. Queensland Health amended its guidelines concerning the duty of care for healthcare practitioners when babies are born alive after an abortion.
Previously, the guidelines stated: if a live birth occurred following an abortion, healthcare practitioners were instructed, “Do not provide life-sustaining treatment (e.g., gastric tubes, IV lines, oxygen therapy).” But the revised guidelines marked a profound shift. They state that if a baby shows signs of life following an abortion procedure, healthcare practitioners are to “provide care appropriate to the individual clinical circumstances and in accordance with best practice guidelines.”[vi]
This change meant that healthcare practitioners were granted the autonomy to offer the most suitable care for these babies. It was a significant encouragement for the movement, highlighting the power of public exposure sparked by the Senate hearing just months earlier.
However, it’s crucial to note that this was merely a guideline amendment, not a legislative mandate. This distinction is important because it means the guidelines could be reversed just as quickly as they were amended. This is why it remains vital to seek a lasting legal resolution to this issue.
C. Katter’s Queensland Babies Born Alive Bill
Following this change, there was a period of silence, but on March 20, 2024, Robbie Katter, the Member of Parliament for Traeger and leader of Katter’s Australian Party, introduced the Termination of Pregnancy (Live Births) Amendment Bill 2024 in the Queensland State Parliament.[vii]
This Bill quickly became known as the “Queensland Babies Born Alive Bill,” or simply the “Katter Bill.” This development means there are now two “Babies Born Alive” Bills—one in the Senate and one in the Queensland State Parliament—a critical distinction that has caused some public confusion.
Public submissions for the Katter Bill closed on May 13th, with Cherish Life playing a pivotal role in mobilising over 600 individuals to participate. The total number of accepted submissions to the Inquiry reached 645, further highlighting the public’s deep concern. Cherish Life was joined by other passionate pro-life advocates for this Bill, including Dr. Joanna Howe and Rob Norman from the Australian Christian Lobby.
The next milestone for the Bill was a public hearing scheduled for June 10. However, news of its postponement at the end of May—without a new date—raised suspicions of a deliberate attempt to stall the Bill. According to parliamentary procedure, the Bill cannot be voted on without a public hearing.
It was the committee chair, Mr. Aaron Harper, Labor MP for Thuringowa, who decided to postpone the Bill without any explanation. This decision triggered an immediate outcry from our supporters, leading to the rapid rescheduling of the hearing to August 19.
At the rescheduled hearing, Cherish Life and other pro-life advocates participated actively. The hearing lasted over two hours and featured contributions from various organisations, including some who opposed the Bill.
However, the most dramatic moment came from the powerful and emotional testimony of Queensland midwife Louise Adsett.[viii] Louise spoke of her experiences as a midwife, witnessing babies born alive following abortion procedures. She shared a heartbreaking account of a baby boy who survived an abortion, weighing over 400 grams—a healthy weight. His parents did not wish to see or hold him. This little boy fought for his life for over five hours before taking his final breath. If it hadn’t been for the compassion of dedicated Queensland midwives like Louise, this baby would have died alone. This is why this Bill is so crucial!
D. Senate Bill
Then, in a dramatic twist of fate, the very next day—Tuesday, August 20th—Senator Ralph Babet, one of the three Senators who had originally introduced the Senate Bill two years earlier, took a bold step to revive it.
Moved by Louise Adsett’s powerful testimony at the Queensland hearing, he called for an urgent motion to bring the Senate Bill to a vote. It was a remarkable attempt to breathe new life into a Bill that many had thought was long dead. After a series of passionate speeches in the Senate Chamber, the vote was held. In the end, 32 Senators voted against the motion, 26 Senators abstained, and only 18 Senators voted in favour. These voting records are now publicly available online, and they are etched into history.
It’s important to note that Senator Alex Antic had a valid reason for not voting, as he was in Adelaide with his wife, who was in the final stages of pregnancy. However, the reasons for the remaining 25 Senators’ failure to vote still remain a mystery.
Queensland Discrimination Against Unwanted Children
You might be wondering: how could anyone oppose such a Bill? Honestly, we are still perplexed. Throughout the proceedings, the primary argument from those against the Bill was that it would create barriers for those seeking abortions. But this claim is entirely untrue. It’s a red herring. Neither of these Bills creates any barrier whatsoever for those wishing to access abortions. All they aim to do is provide a legislated right to healthcare for any child born in Queensland, just like any other.
What do these Bills actually reveal? What is the real issue at their core? The truth is this – in Queensland, we have different guidelines and laws based on whether a child is “wanted” or “unwanted.” In Queensland, we discriminate against children simply because they are deemed unwanted.
We already know this discrimination exists inside the womb with abortion laws up to birth since 2018. However, the “Babies Born Alive” issue exposes that this discrimination also extends to unwanted babies outside the womb.
The reality is that “wantedness” should never determine the kind of healthcare a baby receives. In Queensland, every child, regardless of whether they are wanted or not, deserves to be loved and cherished!
What Next?
So, what’s next for these Bills? At the moment, the Senate Bill is back where it began—waiting for a vote. As for the Queensland Bill, a report is expected by September 20th. We eagerly await this report to see the committee’s conclusions and recommendations regarding the Bill. We will update you as soon as we have further news.
Footnotes
[i] ““Rise in Queensland babies surviving late-term abortions, figures show,” ABC News, accessed 16 September, 2024, https://www.abc.net.au/news/2016-06-15/babies-of-late-terminations-left-to-die-without-care/7512618
[ii] “Human Rights (Children Born Alive Protection) Bill 2021,” Parliament of Australia, accessed 16 September, 2024, https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6731
[iii] “Morrison Knew About Babies Born Alive,” Lyle Shelton Show, accessed 16 September, 2024. https://www.adh.tv/videos/lyle-shelton/lyle-shelton-2024/episode-29
[iv] “Human Rights (Children Born Alive Protection) Bill 2022, “Parliament of Australia, accessed 16 September, 2024, https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=s1359
[v] “Human Rights (Children Born Alive Protection) Bill 2022: REPORT – August 2023,” Parliament of Australia, 2024, https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/ChildrenBornAlive2022/Report
[vi] “Termination of pregnancy,” Queensland Clinical Guidelines, Accessed 16 September 2024, https://www.health.qld.gov.au/__data/assets/pdf_file/0029/735293/g-top.pdf
[vii] “Termination of Pregnancy (Live Births) Amendment Bill 2024,” Queensland Parliament, Accessed 16 September 2024, https://www.parliament.qld.gov.au/Work-of-Committees/Committees/Committee-Details?cid=238&id=4401
[viii] “Louise Adsett Speech – Hearing For The Queensland Babies Born Alive Bill 2024”, Accessed 16 September 2024, https://www.youtube.com/watch?v=V5xLjSD6Br4&t=168s&ab_channel=CherishLife