The short answer

Crimes Amendment (Prohibiting Shackling During Childbirth) Bill 2026: what it proposes

The Crimes Amendment (Prohibiting Shackling During Childbirth) Bill 2026 is a private bill introduced in the Senate by Senator Lidia Thorpe (Victoria) on 18 August 2026, when it was read a first time and the second reading was moved. The bill would amend the Crimes Act 1914 to prohibit the restraint of people while they are giving birth; the explanatory memorandum says its purpose is to end the practice of shackling people during childbirth and to ensure that it cannot legally happen in any Australian jurisdiction. No proposed amendments to the bill have been circulated. The bill is before the Senate and has not been enacted.

This is a federal system guide. State constitutions, parliaments and local-government laws can allocate comparable functions differently.

The useful question is not only “what is the rule?” but also “who administers it, which document controls it, and when might it change?” That distinction prevents an accurate general explanation from becoming wrong advice in a particular election, chamber or policy setting.

Evidence review

What the bill would do

The bill is a private bill, numbered S21/26, introduced in the Senate by Senator Lidia Thorpe (Victoria). Its long title describes it as a Bill for an Act to amend the Crimes Act 1914, and for related purposes.

The explanatory memorandum says the purpose of the bill is to end the practice of shackling people while they are giving birth and to ensure that it cannot legally happen in any Australian jurisdiction.

The memorandum says the practice has been shown to be medically damaging to the parent and child, traumatising and degrading, and ineffective as a deterrent and risk mitigation measure, and that the bill is required to meet Australia's international obligations because state and territory laws have not successfully ensured the practice ceases.

Evidence review

The proposed prohibition in the Crimes Act

Schedule 1 of the bill contains the substantive changes. Item 1 would insert new section 87A into the Crimes Act 1914, a prohibition on the restraint of people while they are giving birth. The provision would specify the circumstances under which the practice could occur and all versions of the practice, to introduce a full ban.

The new section would also affirm that any law inconsistent with the prohibition in any Australian jurisdiction no longer has effect, while laws that are consistent with the prohibition remain in effect. This is how the prohibition is intended to operate across the states and territories.

Evidence review

How the prohibition would apply

Item 2 of Schedule 1 would provide that the provisions apply to conduct occurring on or after commencement.

Item 3 states that the constitutional basis for the bill is paragraph 51(xxix) of the Constitution, the external affairs power.

Item 4 would give the prohibition additional operation, so that section 87A would also apply as if its operation were expressly confined to acts or omissions occurring in the territories or a Commonwealth place, as defined in the Commonwealth Places (Application of Laws) Act 1970.

Evidence review

Why the bill was introduced

The explanatory memorandum sets out the rationale for the bill. It says the practice of shackling people while they are giving birth has been shown to be medically damaging to the parent and child, traumatising and degrading, and ineffective as a deterrent and risk mitigation measure.

The memorandum says the bill is required to meet Australia's international obligations, because state and territory laws have not successfully ensured that the practice ceases. The bill is framed so that the prohibition would apply in every Australian jurisdiction, with any inconsistent law ceasing to have effect while consistent laws remain in place.

Evidence review

Human rights statement

The bill's Statement of Compatibility with Human Rights concludes that the bill is compatible with human rights. The explanatory memorandum says the bill promotes rights including the right to life, the prohibition against torture and cruel, inhuman or degrading treatment, equality and non-discrimination, humane treatment in detention, and children's rights.

The memorandum says the bill specifically improves the protection of the rights of children, women, people with disabilities, and Aboriginal and Torres Strait Islander peoples.

Evidence review

Parliamentary status

The bill was introduced in the Senate and read a first time on 18 August 2026, and the second reading was moved the same day. It is listed as before the Senate with bill number S21/26.

The bill has not been enacted. Its proposed commencement is the day after it receives Royal Assent, and the application provision would mean the prohibition applies to conduct on or after commencement.

No proposed amendments to the bill have been circulated. Progress can be followed on the Parliament of Australia bill page.

Common questions

Before you rely on the answer

Who introduced the Crimes Amendment (Prohibiting Shackling During Childbirth) Bill 2026?

The bill is a private bill introduced in the Senate by Senator Lidia Thorpe (Victoria) on 18 August 2026. It is listed as before the Senate with bill number S21/26.

What would the bill do?

The bill would insert new section 87A into the Crimes Act 1914, prohibiting the restraint of people while they are giving birth. The explanatory memorandum says its purpose is to end the practice of shackling people during childbirth and to ensure that it cannot legally happen in any Australian jurisdiction.

Is the bill law?

No. The bill was introduced and read a first time on 18 August 2026, and the second reading was moved the same day. It is before the Senate and has not been enacted.

When would the bill commence?

The bill's proposed commencement is the day after it receives Royal Assent. The application provision would mean the prohibition applies to conduct on or after commencement.

Why does the bill rely on the external affairs power?

Item 3 of Schedule 1 states that the constitutional basis for the bill is paragraph 51(xxix) of the Constitution. The explanatory memorandum says the bill is required to meet Australia's international obligations because state and territory laws have not successfully ensured the practice ceases.

What does the human rights statement say?

The Statement of Compatibility concludes that the bill is compatible with human rights. The explanatory memorandum says it promotes the right to life, the prohibition against torture and cruel, inhuman or degrading treatment, equality and non-discrimination, humane treatment in detention, and children's rights, and that it specifically improves protection of the rights of children, women, people with disabilities, and Aboriginal and Torres Strait Islander peoples.

Source spine

Primary material used for this guide

Review trigger: Review when the Senate debates or votes on the bill, when the second reading debate resumes, when the bill is referred to a committee, when an official summary or Bills Digest is published, or when the bill progresses towards enactment or is withdrawn.

Archive note: This article reviews the Crimes Amendment (Prohibiting Shackling During Childbirth) Bill 2026 as introduced in the Senate on 18 August 2026, based on the Parliament of Australia bill page, the first reading text of the bill, and the explanatory memorandum. The bill is a proposal and has not been enacted. The article describes what the bill would do and what the explanatory memorandum says about it; it does not take a position on the policy. Readers should check the Parliament of Australia website for the current status of the bill.

Primary links are provided without affiliate or tracking parameters. Confirm that the source still applies to the bill, sitting date, jurisdiction or reporting period before relying on it.