Labor and Coalition senators said on 14 October they would not support a bill to prohibit shackling incarcerated women during childbirth, leaving the measure expected to fail in the Senate. The government said criminal justice was predominantly a state and territory responsibility, while the Coalition said it understood the bill’s intent but would not back it.
The reported opposition was not a final vote: the available account describes the bill as set to fail, rather than recording a formal division defeating it.
A private senator’s bill
Senator Lidia Thorpe sponsored the Crimes Amendment (Prohibiting Shackling During Childbirth) Bill 2026. It was introduced in the Senate on 18 August and referred to a committee two days later, according to the Parliament’s bill record.
The debate in Canberra turned on which level of government should address the issue. The government’s position was that criminal justice is primarily a state and territory responsibility. An ABC Radio National report published on 15 October also described a Senate inquiry as having found the matter best left to states and territories, though it did not independently confirm the outcome reported on 14 October.
Senator urges further action
Liberal senator Paul Scarr voiced concern and urged further action, according to the Guardian’s live coverage. The report did not indicate that his intervention changed the expected fate of the bill.
Thorpe also sponsored a separate bill concerning strip-searches of people under 18. The Guardian reported that measure, too, was expected to fail; it is distinct from the childbirth bill.