Senate ignores women’s pleas on homebirth – recommendation to pass legislation

Media Release: Senate ignores women’s pleas on homebirth – recommendation to pass legislation
Tuesday August 18, 2009.

Today’s Senate report into the Health Legislation Amendment (Midwife and Nurse Practitioner) Bill 2009 and two other related bills failed to support the calls of Australian women to ensure that they can access a registered midwife for birth care at home.

The report recognised the concerns of stakeholders that the intersection of two pieces of legislation - including legislation drafted by COAG on national registration - may have the “unintended consequence” of forcing homebirth underground. However it failed to recommend any solution for the crisis even though they received almost 2000 submissions on the issue and the report clearly identifies that there is a significant issue for women wanting to birth at home.

“We are not seeing the leadership needed to sort this issue out” President of the Australian Private Midwives Association Liz Wilkes said. “This is a good old case of state/Commonwealth buck passing going on. The states are saying the Commonwealth needs to find indemnity and the Senate are now saying that the problem is the state based legislation. In the meantime the clock is ticking for the women of Australia who in just over 10 months will be unable to access a registered midwife to care for them in birth at home.”

The advice from the Senate committee was that the Bill did not restrict women’s right to choose a homebirth nor make it unlawful.

“The use of language to skirt around this issue is amazing. Women in Australia are not in a third world country. They currently have registered midwives available to attend them in birth at home. However this government is choosing to ensure through a complex maze of legislation, that women will have to choose an unregistered care provider from July next year.

“The Federal Department of Health and Aging’s solution to this problem, which they outlined in evidence to the Senate, was for women to be attended at home by someone as long as they do not call themselves a midwife, or be registered as a midwife with the national regulatory body,” Ms Wilkes added. “We find this ridiculous.”

Midwives will face disciplinary action for attending homebirths under state based legislation which makes insurance mandatory for all health practitioners. If midwives de-register and continue to practice, using a midwifery title, they may face a $30,000 fine.

“Of course what we will see is a rise in non-midwives providing homebirth care which will compromise safety for mothers and their precious babies. The Australian Private Midwives’ Association does not believe the only choice available for women is to birth at home with an unregistered care provider.” Ms Wilkes stated. “The real concern is that the Senate heard no evidence to substantiate the government’s position, yet they will wave the legislation through. We definitely have to assume this is more to do with politics and less to do with women and safety.”

Media – Liz Wilkes President Australian Private Midwives Association 0423 580585