Fair Agenda

On Wednesday September 17, Independent SA MP Sarah Game introduced her Bill to restrict the care doctors can provide their patients after 23 weeks of pregnancy. Sarah Game has described this bill as “a good first start,” and has made clear she is “pro-life from conception.” 

She wants to override current laws - and interfere with the ability of doctors to provide their patient with the best care.

This Bill is an attempt to roll back abortion laws in South Australia starting with abortion care later in pregnancy.  It was due to be debated in the South Australian Legislative Council on Wednesday October 15 but was rescheduled to Wednesday November 12

A woman can need to access abortion care after 23 weeks for a range of complex, distressing and deeply personal reasons. She may have received a catastrophic diagnosis for her own health and need to end her pregnancy for the best chance of recovery, or an abuser may use the pregnancy to trap her in the relationship, and have obstructed her ability to access earlier care, she may be a survivor of incest or sex trafficking. She and her medical team should be able to discuss the best care options in her unique circumstances. 

Sarah Game is trying to give politicians the ultimate say - by limiting the care a woman’s medical team can legally provide to her. Specifically, she wants to remove key legal provisions that allow a medical team to consider the needs and health of the person who is actually pregnant,  essentially subverting a woman's needs to her function as the incubator of a pregnancy. 

Here is a breakdown of the current laws (introduced on the recommendations of the SA Law Reform Institute), with red indicating the provisions that Sarah Games’ amendments would delete from the laws. It is worth noting that the South Australian Law Society has also condemned the proposed changes. 

The Current laws - text in red italics is what is being removed
6—Terminations by medical practitioner after 22 weeks and 6 days

1. A medical practitioner may perform a termination on a person who is more than 22 weeks and 6 days pregnant if -
   two medical practitioners consider that, in all the circumstances—

(i) the termination is necessary to save the life of the pregnant person or save another foetus; or
(ii) the continuance of the pregnancy would involve significant risk of injury to the physical or mental health of the pregnant person; or
(iii) there is a case, or significant risk, of serious foetal anomalies associated with the pregnancy; and

9—Mandatory considerations for medical practitioners performing terminations after 22 weeks and 6 days

In assessing matters for the purposes of section 6(1), a medical practitioner must, when determining whether to perform a termination, have regard to the following:

(a) whether it is essential to perform a termination of an affected foetus in a multiple pregnancy at a gestation that does not risk severe prematurity and its attendant consequences for the surviving foetus;
(b) whether there are serious foetal abnormalities that were not identifiable, diagnosed or fully evaluated before the pregnancy reached 22 weeks and 6 days, including but not limited to abnormalities involving the brain, heart, renal and skeletal systems, or whether the foetus has been exposed to infective agents which may damage or limit the gestation and development of the foetus;
(c) whether the patient has had difficulty accessing timely and necessary specialist services before the pregnancy reached 22 weeks and 6 days, including but not limited to patients experiencing significant socio-economic disadvantage, cultural or language barriers and those who reside in remote locations;
(d) whether a patient has been denied agency over the decision to continue a pregnancy or not, including (but not limited to) the abuse of minors and vulnerable adults to sexual and physical violence including rape, incest and sexual slavery;
(e) whether the abuse outlined in paragraph (d) includes circumstances in which such abuse is not apparent, or the pregnancy is not diagnosed until an advanced gestational age;
(f) whether medical or psychiatric conditions may become apparent or deteriorate during the pregnancy to the point where they are a threat to the patient's life;
(g) whether the patient has a deteriorating maternal medical condition, or late diagnosis of a disease requiring treatment incompatible with an ongoing pregnancy (such as malignancies)

When we need healthcare, we should be able to rely on a system that supports us to make an informed decision, and access to a team who can provide the best care for our circumstances. Politicians should not be overriding and limiting the treatment that is best in our complex personal circumstances.

Key medical organisations have condemned this proposed Bill with the RANZCOG, Australian College of Midwives and the Royal Australian College of General Practitioners all making their opposition clear. 

The question is simple: do we trust a woman and her medical teams to make the best decisions for their specific and unique personal circumstances — or do we hand that power to politicians who have no idea what it’s like to walk in their shoes? 

South Australians fought hard to ensure abortion care was recognised as healthcare and that the decision to continue or end a pregnancy rests with a woman and her healthcare team. We must stand up again to defend that principle.

What Can I Do?

These proposed changes  will be debated in the South Australian Legislative Council on October 15. Make sure that  Members of the Legislative Council know that South Australians want a woman’s access to safe abortion care protected. Email the Legislative Council Members now

If you have already taken these actions - thank you. Please share our petition and letter writing action with friends and family

This week our movement helped achieve something great: the passage of new national standards that will make universities safer for students.

The National Higher Education Code to Prevent and Respond to Gender-based Violence is the culmination of 8 years of joint campaigning by the Fair Agenda movement with partners like End Rape on Campus Australia, Dr Allison Henry and the STOP Campaign. And on Monday it was passed by the House of Representatives – the final hurdle to it becoming law. 

You may remember from my communications over the many years of this campaign the harm and failings of many university approaches to sexual violence to date. Amongst the kinds of issues our movement’s advocacy has been focused on addressing include: 

• Universities' and residences' actively harmful and traumatising responses to student reports of sexual assault, including:
  • Victim-blaming during reporting processes,
  • Failing to provide basic safety measures,
  • Threatening to sanction survivors if they tell others about their complaint, and
  • Failing to provide student survivors with updates or outcomes after they filed complaints about sexual assault.
• Universities' failing to screen staff being hired into positions of power and influence over students for prior convictions of sexual assault; protection orders; or active complaints about their use of sexual violence.
• Universities and residences failing to remove known perpetrators of violence on campus; or provide basic protections against them causing further harm, and
• Creating onerous barriers to student survivors accessing necessary accommodations or adjustments after rape.

The new National Code will set detailed and enforceable standards that will address these kinds of issues.

Its contents were shaped by representatives of Fair Agenda and our campaign partners over months of consultations. The 30 pages of the full Code contain critical and meaningful detail that I can’t convey in full here, but its features include:

• Requiring universities to ensure their prevention education and training is: accessible, trauma-informed, evidence-informed; and monitored and evaluated.
• Requiring universities' responses to gender-based violence to be person-centered and trauma-informed.
• Requiring universities to respond to any disclosure of gender-based violence with a risk assessment to manage and monitor identified risks to a survivor’s safety on an ongoing basis.
• Requiring alternate teaching and living arrangements be provided for a victim-survivor where necessary to ensure their safety. 
• Requiring universities to have timely and safe processes.
• Requiring a provider to impose sanctions proportionate to conduct – including exclusion or expulsion. 

Each university’s leader will be responsible for ensuring these clear and specific standards are met - and there is also power for the federal Department of Education to enforce financial penalties where a university fails to meet these standards.

This reform will be transformative for student safety. I’m so proud that our movement has played a critical role in building pressure for this reform; and thankful to the thousands of Fair Agenda members and partners who have contributed to this campaign in so many different ways over the past 8 years. 

This major reform was 8 years in the making; and the product of persistent collaboration between advocates and movements. If you’d like to see some of the collective campaign effort leading to this point, you can see a snapshot the Fair Agenda team created of the advocacy that led to this reform here.

Today we mark this significant step forward for improving safety in universities. But sadly they are not the only institutions failing and actively harming victim-survivors of sexual violence. So tomorrow we refocus our efforts building momentum for the many other changes needed – including access to timely care and forensic medical exams; access to sexual assault services for healing and recovery; and more trauma-informed court processes. We hope that you’ll join us in these important campaigns as well. You can add your support on Fair Agenda’s campaigns page here. 

We also know that this change comes too late for many. To every victim-survivor that has been harmed by their university or TEQSA’s response to their report – we’re so sorry for what you were put through. You deserved better. We hope you’ll do something to take care of yourself today.  

If you have been impacted by sexual assault you can access support from state and territory sexual assault counselling hotlines on: 

NSW - NSW Sexual Violence Helpline: 1800 424 017
QLD - Sexual Assault Helpline: 1800 010 120
VIC - Centres Against Sexual Assault: 1800 806 292
SA - Yarrow Place: 1800 817 421
ACT - Canberra Rape Crisis Centre: (02) 6247 2525
WA - Sexual Assault Resource Centre: (08) 6458 1828
NT - Ruby Gaea: (08) 8945 0155
TAS - Sexual Assault Support Service: (03) 6231 1817

This election is a critical opportunity to put our movement's priority issues in front of candidates, demonstrate widespread public mandate for action, and secure their commitments to act. 

In our most recent survey, Fair Agenda members told us they wanted to see action on sexual and domestic violence, healthcare and reproductive rights, care work, and support for those doing it tough. 

That’s why we’ve asked candidates across the country to commit to concrete action in these areas by taking Fair Agenda’s Pledge for a fair and gender equal future. Now, you and other voters can see where your local candidates stand—and either thank them for taking the pledge or call on them to step up their commitments.

Just head to https://fairandequalpledge.org/, enter your address and email, and you’ll see who’s standing in your electorate and whether they’ve signed on to the Pledge.

This election will shape the policies that impact our safety, economic security and agency for years to come. From reproductive care, to economic support for parents and carers, to the systems that should keep women safe — we need leaders who will act.

To ensure leaders know what action to take, Fair Agenda has worked with peak bodies, policy experts, service providers and advocates to identify specific policy changes candidates can make if elected. Through the Pledge we’ve asked every candidate if they’ll commit to support these changes.

Visit our election website displaying these commitments to help you and other voters make informed choices.

Authorised by Renee Carr, Fair Agenda, 36-38 Gipps St Collingwood VIC 3066

Hear from three extraordinary national leaders:

• Sandra Creamer AM is an Adjunct Professor of Public Health at the University of Queensland. She is a proud Waanyi/Kalkadoon woman, a lawyer, and a national leader on domestic violence and women's health issues. With decades of lived and professional experience advocating for the health, safety, and rights of First Nations women, she is currently the CEO of the Australian Women's Health Alliance and chairs the Aboriginal and Torres Strait Islander Advisory Council, contributing to the National Plan to End Violence against Women and Children 2022-2032.
  
  
• Yumi Lee is a powerful voice for those often excluded from conversations on gender-based violence. As CEO of the Older Women’s Network NSW, she drives change on issues impacting older women, including violence perpetrated in aged care, housing insecurity, and homelessness. Yumi was appointed to the Federal Attorney-General’s Lived-Experience Expert Advisory Group on Sexual Violence and was awarded the NSW Women’s Legal Service Bright Sparks Award for Advocacy and Reform.
  
  
• Evie Clayton is a trailblazing survivor advocate from Queensland, driving urgent reforms to support victim-survivors. A survivor of domestic and sexual violence with a background in frontline services, Evie campaigns for policy change grounded in the real needs of victim-survivors. Her powerful advocacy ensures survivor voices are heard by decision-makers and the public.

At this event, you’ll:

• Hear from powerful speakers on what real action on domestic violence, women’s health and safety looks like.
• Hear about the reform agenda laid out in Fair Agenda's Pledge for a Fair and Gender Equal Future — and why your voice will be crucial in holding the next parliament to account.
• See which political candidates have committed to action to address these issues— and which haven’t.
• Get equipped to take action and help drive change in the first 100 days of the new parliament.

Let’s ensure every candidate knows: we expect real action and are ready to fight for it.

Today Education Minister Jason Clare has introduced legislation to create a National Student Ombudsman - enacting the first-part of the nation-wide Action Plan Addressing Gender-Based Violence In Higher Education.

Leading student safety advocates End Rape on Campus Australia, The STOP Campaign and Fair Agenda marked this milestone from the gallery; and have praised the reform as an important step.

Sharna Bremner, Founder & Director, End Rape on Campus Australia said: 

“For too long rape survivors have been abandoned and harmed by their universities; and failed again by the systems that were supposed to hold them accountable. From next year higher education students will finally have a way to file a complaint about their university’s harmful response to their report of sexual violence. Most importantly, those complaints will now actually be investigated, and there will be consequences for universities and residences who put student safety at risk.”

Camille Schloeffel, Founder & Chair The STOP Campaign added:

“Victim-survivors have been calling out for change for years - dealing with universities and residences that haven’t been willing to do what’s needed to support student safety, or even provide basic adjustments to support victim-survivors to continue their education. We shouldn’t have had to share the horrors of what we experienced to get change. But we’re so relieved that Minister Clare has listened, and acted quickly.”

Renee Carr, Executive Director of Fair Agenda said: 

“Universities have been failing victim-survivors of rape for too long. For years survivors, students and advocates have been calling for oversight, transparency and accountability in this space - and we’re thrilled that we have an Action Plan to deliver that. 

The creation of the National Student Ombudsman is a critical piece of that solution. When combined with strong legislated standards through the upcoming National Code, these reforms will finally deliver safer universities.”

The groups credited this reform to the strength and perseverance of victim-survivors who have spoken out about university and residence’s harmful actions over many years.

The National Student Ombudsman is set to commence operations in February 2025. The associated National Code legislation is in development, and advocates hope that a strong model will be introduced before the end of this year, and supported across the parliament.