This is a guest post by Janet Fraser, National Convenor of Joyous Birth, the Australian homebirth network, also blogging at Looking Glass Alice. It is cross-posted here. With a background in academia and feminist activism, Janet brings a wealth of knowledge and experience to running the world’s only forums solely devoted to homebirth.

Subdivision 6 General
148 Directing or inciting unprofessional conduct or professional misconduct

(1) A person must not direct or incite a registered health practitioner to do anything, in the course of the practitioner’s practice of the health profession, that amounts to unprofessional conduct or professional misconduct.

Maximum penalty:
(a) in the case of an individual—$30,000, or

(b) in the case of a body corporate—$60,000. .

101 Conditions of registration
(1) If a National Board decides to register a person in the health profession for which the Board is established, the registration is subject to the following conditions:

(a) for a registered health practitioner other than a health practitioner who holds non-practising registration:
(i) that the registered health practitioner must complete the continuing professional development program required by the National Board, and

(ii) that the registered health practitioner must not practise the health profession unless professional indemnity insurance arrangements are in force in relation to the practitioner’s practice of the profession,

SOURCES:

GUIDE TO THE EXPOSURE DRAFT OF THE HEALTH PRACTITIONER REGULATION NATIONAL LAW 2009
http://www.nhwt.gov.au/documents/Nat…20Bill%20B.pdf

Health Practitioner Regulation National Law
http://www.nhwt.gov.au/documents/Nat…(Bill%20B).pdf

There will also be a penalty for “inciting unprofessional conduct”, of up to $30 000. One can only assume that this could apply to pregnant women who beg their midwife to attend their homebirth. Homebirth just got a whole lot more expensive. What about women who accidentally or ‘accidentally’ happen to be having a precipitous birth as the midwife arrives for a routine checkup? Perhaps women need to prepare to have their home declared a crime scene should such a thing eventuate – especially if something goes wrong, through nobody’s negligence but just by chance.

http://viv.id.au/blog/20090625.5487/homebirth-to-become-illegal-in-a-year/

Even if you view homebirth as something that only affects a minority of women, is this the kind of society you want your daughters to grow up in? One which forces them to subject to government control over their basic human right to choose where and with whom they give birth? Do we really want them to submit to a “just lie down and open your legs like a good girl because we’re doing what is best for you” paradigm?

http://casmccullough.com/blog/?p=52