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A new study has found that a number of Victorian doctors who conscientiously object to abortion could be breaking the law, due to not referring their patients onto another health professional who doesn鈥檛 object.

Under Section 8 of the Abortion Law Reform Act 2008 (VIC), health professionals with a conscientious objection to abortion are听obligated to refer women to another provider in the same health profession who does not object.

The new research, published in BMC Medical Ethics, also found that these women are having abortions听much later than necessary or giving birth to the baby, despite seeking a termination.

The University of Melbourne-led study involved Family Planning听Victoria, The Royal Women鈥檚 黑料吃瓜群网 and Women鈥檚 Health Victoria, and reported on 19 qualitative interviews with Victorian听abortion experts in 2015.

The researchers found:

• Most doctors would not let moral or religious beliefs impact on their patients, yet all study participants knew of听some who did.
• Doctors directly contravened the law by not referring women or by attempting to make women feel guilty,听attempting to delay women鈥檚 access or claiming an objection for reasons other than conscience.
• Study participants were uncomfortable that whole institutions were allowed to conscientiously object to abortion.
• These factors compromised access to care for some women.
• Use or misuse of conscientious objection by government telephone staff, pharmacists, institutions and political听groups was also reported.
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Conscientious objection is only deemed ethical if it doesn鈥檛 impose an unreasonable burden on the patient in terms of delay,听distress or health consequences. Failure to comply with Section 8 may result in professional misconduct charges by the听relevant registering authority. In Australia, an estimated 15%听of healthcare professionals are conscientious objectors.

Lead author Louise Keogh of the University of Melbourne School of Population and Global Health Centre for Health Equity said while the number of conscientious objectors not meeting their obligations appeared to be small, the impact could be听significant, particularly for women in rural and regional areas that were not well serviced.

鈥淲e have legal protections to ensure that women鈥檚 access is not restricted due to a doctor鈥檚 moral or ethical position, but听this research suggests that in practice, they don鈥檛 appear to be working,鈥� Associate Professor Keogh said. 鈥淲e need more听information about the size and spread of the problem to determine whether education and guidelines can help. There are a听number of guidelines already.鈥�

The study鈥檚 participants included experts working for organisations that provided surgical and medical abortions. Many听reported instances of Section 8 being contravened, and some working in rural areas said such actions were 鈥渃ommon鈥�.

Associate Professor Keogh and her co-authors are calling for new guidelines in the Victorian setting to clarify the limits of the听clause, and potentially reduce disingenuous claims of conscientious objection. 鈥淔urther research should address policy听approaches and professional and community education initiatives with the capacity to reduce barriers and improve timely听access to abortion care,鈥� Associate Professor Keogh said.

Note: Laws on abortion in Australia vary in each state and territory. Abortion is legal in all states and territories bar NSW, where it is legal under . In the states and territories where abortion is legal, the timeframe听in which the abortion may听occur varies, generally ranging from between 16 and 24 weeks.

Victoria's independent website and phone line 1800 My Options (/1800 696 784) is a state-wide service that听provides information and referral for contraception, pregnancy options and sexual health, including access to clinical and other services.

Image credit: 漏stock.adobe.com/au/Ana Blazic Pavlovic