Have your say on pregnancy loss laws

Central Coast residents are encouraged to provide feedback to the NSW Government on proposed reforms to recognise the loss of an unborn child that results from a third party criminal act.

Parliamentary Secretary for the Central Coast and Member for Terrigal Adam Crouch said an Exposure Draft Bill has been released for community consultation.

“I know many people in our community feel strongly about this issue, which is why the NSW Government is providing an opportunity for everyone to have a say,” Mr Crouch said.

“The Exposure Draft Bill includes amendments which recognise that the loss of an unborn child falls into a unique and especially serious category of harm.

“It’s important that we strike a balance between acknowledging the loss of victims of crime, while appropriately punishing offenders, which is why the Government is providing an opportunity for everyone to provide feedback.”

The Crimes Legislation (Offences Against Pregnant Women) Bill would strengthen existing laws in the following ways:

• Amends the Crimes Act 1900 to provide a specific circumstance of aggravation for offences committed against a pregnant woman, which causes the loss of an unborn child. The maximum prison sentence for the offence would be increased by an additional three years, specifically recognising the pregnancy loss.
• Expands the eligibility for making a Victim Impact Statement to the immediate family members of a pregnant woman whose unborn child was lost, and enables family members to express the impact of the loss on them. The statements would be taken into account by the court when sentencing offenders.
• Amends criminal procedure to allow the name of an unborn child lost as a result of a criminal offence to be included on an indictment in the particulars of a criminal charge. (The indictment is the information about the alleged offence and is read out in court.)
• Allows grieving families to receive funeral expenses where an unborn child is lost as a result of a motor accident.

The Exposure Draft Bill has been developed on the basis of expert advice and stakeholder feedback. Submissions can be made until 29 January 2021 at: www.nsw.gov.au/have-your-say/loss-of-pregnancy-and-criminal-law.