The Department of Communities and Justice has invited comments and consultation on a range of reforms aimed at improving recognition of the loss of an unborn child as a result of a third party criminal act.
Consultation on an Exposure Draft Bill will continue until 29 January 2021.
Announcing the move, NSW Premier, Gladys Berejiklian said the reforms acknowledged the heartbreaking loss many families have experienced.
“Given the sensitivity and complexity surrounding this issue, it is important to engage with the community, victims and experts so that we can achieve meaningful reform together,” Ms Berejiklian said.
She said proposed reforms in the Crimes Legislation (Offences Against Pregnant Women) Bill included amendments to 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.
She said the maximum prison sentence for the offence would be increased by an additional three years, specifically recognising the pregnancy loss.
Ms Berejiklian said the Bill also expanded the eligibility for making a Victim Impact Statement to the immediate family members of a pregnant woman whose unborn child was lost, and enabling family members to express the impact of the loss on them.
Criminal procedure amendments allowing the name of an unborn child lost as a result of a criminal offence are to be included on an indictment in the particulars of a criminal charge.
The Premier said the reforms would also allow grieving families to receive funeral expenses where an unborn child is lost as a result of a motor accident.
Attorney General, Mark Speakman said the planned reforms delivered meaningful recognition for grieving families, without undoing longstanding legal principles.
“The Government is seeking community views on proposals that aim to acknowledge the loss of victims and appropriately punish offenders,” Mr Speakman said.
“The proposed amendments to the Crimes Act 1900 recognise that the loss of a pregnancy falls into a unique, and especially serious, category of harm.”
The Exposure Draft Bill, as well as instructions on how to lodge a comment, can be accessed at this PS News link.
