Termination of Pregnancy Act 2018

An Act about the termination of pregnancies

Long title amd 2018 No. 23 s 20

1Short title

This Act may be cited as the Termination of Pregnancy Act 2018.

2Commencement

This Act commences on a day to be fixed by proclamation.

3Purposes

The purposes of this Act are—

(a)to enable reasonable and safe access by women to terminations; and

(b)to regulate the conduct of registered health practitioners in relation to terminations.

4Definitions

The dictionary in schedule 1 defines particular words used in this Act.

5Termination by medical practitioner at not more than 22 weeks

A medical practitioner may perform a termination on a woman who is not more than 22 weeks pregnant.

6Termination by medical practitioner after 22 weeks

(1)A medical practitioner may perform a termination on a woman who is more than 22 weeks pregnant if—

(a)the medical practitioner considers that, in all the circumstances, the termination should be performed; and

(b)the medical practitioner has consulted with another medical practitioner who also considers that, in all the circumstances, the termination should be performed.

(2)In considering whether a termination should be performed on a woman, a medical practitioner must consider—

(a)all relevant medical circumstances; and

(b)the woman’s current and future physical, psychological and social circumstances; and

(c)the professional standards and guidelines that apply to the medical practitioner in relation to the performance of the termination.

(3)In an emergency, a medical practitioner may perform a termination on a woman who is more than 22 weeks pregnant, without acting under subsections (1) and (2), if the medical practitioner considers it is necessary to perform the termination to save the woman’s life or the life of another unborn child.

7Registered health practitioners who may assist

(1)A medical practitioner may assist in the performance of a termination on a woman by another medical practitioner.

(2)A nurse, midwife, pharmacist, Aboriginal and Torres Strait Islander health practitioner or other registered health practitioner prescribed by regulation may, in the practice of his or her health profession, assist in the performance of a termination on a woman by a medical practitioner.

(3)However, subsections (1) and (2) do not apply in relation to a termination that the assisting registered health practitioner knows, or ought reasonably to know, is being performed by the medical practitioner other than under section 5 or 6.

(4)A reference in this section to assisting in the performance of a termination by a medical practitioner includes dispensing, supplying or administering a termination drug on the medical practitioner’s instruction.

8Registered health practitioner with conscientious objection

(1)This section applies if—

(a)a person asks a registered health practitioner to—

(i)perform a termination on a woman; or

(ii)assist in the performance of a termination on a woman; or

(iii)make a decision under section 6 whether a termination on a woman should be performed; or

(iv)advise the person about the performance of a termination on a woman; and

(b)the practitioner has a conscientious objection to the performance of the termination.

(2)The registered health practitioner must disclose the practitioner’s conscientious objection to the person.

(3)If the request is by a woman for the registered health practitioner to perform a termination on the woman, or to advise the woman about the performance of a termination on the woman, the practitioner must refer the woman, or transfer her care, to—

(a)another registered health practitioner who, in the first practitioner’s belief, can provide the requested service and does not have a conscientious objection to the performance of the termination; or

(b)a health service provider at which, in the practitioner’s belief, the requested service can be provided by another registered health practitioner who does not have a conscientious objection to the performance of the termination.

(4)This section does not limit any duty owed by a registered health practitioner to provide a service in an emergency.

9Compliance with this part relevant to professional conduct or performance

(1)In considering a matter under an Act about a registered health practitioner’s professional conduct or performance, regard may be had to whether the practitioner—

(a)performs a termination on a woman other than as authorised under section 5 or 6; or

(b)assists in the performance of a termination on a woman other than as authorised under section 7; or

(c)contravenes section 8.

(2)The matters to which subsection (1) applies include matters arising in—

(a)a notification under the Health Practitioner Regulation National Law (Queensland); or

(b)a complaint under the Health Ombudsman Act 2013; or

(c)a referred matter under the Health Practitioner Regulation National Law (Queensland).

10Woman does not commit an offence for termination on herself

Despite any other Act, a woman who consents to, assists in, or performs a termination on herself does not commit an offence.

11Purpose

The purpose of this part is to protect the safety and well-being, and respect the privacy and dignity, of—

(a)persons accessing services provided at termination services premises; and

(b)persons who are employed to provide services at termination services premises or otherwise need to access the premises in the course of their duties or responsibilities.

12Application of part

This part applies despite the Peaceful Assembly Act 1992.

13Meaning of termination services premises

In this part—

termination services premises—

(a)means premises at which a service of performing terminations on women is ordinarily provided; but

(b)does not include a pharmacy.

14Meaning of safe access zone

(1)A place is in the safe access zone for termination services premises if the place is—

(a)in the premises; or

(b)not more than the prescribed distance from an entrance to the premises.

(2)Unless a distance is prescribed under subsection (3), the prescribed distance for subsection (1)(b) is 150m.

(3)A regulation may prescribe a distance for subsection (1)(b) for stated termination services premises.

(4)The Minister may recommend to the Governor in Council the making of a regulation under subsection (3) only if satisfied that, having regard to the location of the premises, a prescribed distance of 150m is insufficient, or greater than is necessary, to achieve the purpose of this part in relation to the premises.

15Prohibited conduct in safe access zones

(1)A person’s conduct in the safe access zone for termination services premises is prohibited conduct if the conduct—

(a)relates to terminations or could reasonably be perceived as relating to terminations; and

(b)would be visible or audible to another person in, or entering or leaving, the premises; and

(c)would be reasonably likely to deter a person mentioned in paragraph (b) from—

(i)entering or leaving the premises; or

(ii)requesting or undergoing a termination; or

(iii)performing, or assisting in the performance of, a termination.

(2)A person’s conduct may be prohibited conduct whether or not another person sees or hears the conduct or is deterred from taking an action mentioned in subsection (1)(c)(i) to (iii).

(3)A person must not engage in prohibited conduct in the safe access zone for termination services premises.

Maximum penalty—20 penalty units or 1 year’s imprisonment.

(4)Subsection (3) does not apply to a person employed to provide a service at the termination services premises.

16Recording persons in or near termination services premises

(1)This section applies in relation to a recording (a restricted recording) that—

(a)is an audio or visual recording of a person while the person is in, or entering or leaving, termination services premises; and

(b)contains information that identifies, or is likely to lead to the identification of, the person.

(2)A person must not, without reasonable excuse, make a restricted recording of another person without the other person’s consent.

Example—

It may be a reasonable excuse for the occupier of premises to make a restricted recording of persons in or near the premises, without the persons’ consent, for security purposes.

Maximum penalty—20 penalty units or 1 year’s imprisonment.

(3)A person must not, without reasonable excuse, publish or distribute a restricted recording of another person without the other person’s consent.

Maximum penalty—20 penalty units or 1 year’s imprisonment.

(4)Subsections (2) and (3) do not apply to a police officer doing a thing in the course of performing the officer’s duties.

(5)In this section—

distribute includes—

(a)communicate, exhibit, send, supply or transmit (including by live streaming), whether or not to a particular person; and

(b)make available for access, whether or not to a particular person; and

(c)enter into an agreement or arrangement to do a thing mentioned in paragraph (a) or (b); and

(d)attempt to distribute.

publish means publish to the public by television, radio, the internet, newspaper, periodical, notice, circular or other form of communication.

visual recording includes a photograph.

17Evidentiary aids

For a proceeding for an offence against part 4, division 2, a certificate purporting to be signed by the chief executive and stating either of the following matters is evidence of the matter—

(a)stated premises are termination services premises;

(b)a stated place is in the safe access zone for stated termination services premises.

18Regulation-making power

The Governor in Council may make regulations under this Act.

section 4

Aboriginal and Torres Strait Islander health practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the Aboriginal and Torres Strait Islander health practice profession, other than as a student.

employ includes engage, whether or not for payment.

entering includes attempting to enter.

leaving includes attempting to leave.

midwife means a person registered under the Health Practitioner Regulation National Law to practise in the midwifery profession, other than as a student.

nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession, other than as a student.

pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession, other than as a student.

pharmacy means premises in which a pharmacy business within the meaning of the Pharmacy Business Ownership Act 2001 is carried on.

premises means a building or part of a building.

registered health practitioner means a person registered under the Health Practitioner Regulation National Law to practise a health profession, other than as a student.

safe access zone see section 14.

termination means an intentional termination of a pregnancy in any way, including, for example, by—

(a)administering a drug; or

(b)using an instrument or other thing.

termination drug means a drug of a kind used to cause a termination.

termination services premises see section 13.

woman means a female person of any age.