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Effective from 3 December 2018, the Termination of Pregnancy Bill 2018 (‘The Act’) enables lawful, reasonable and safe access by women to terminations of pregnancy up to a gestational limit of 22 weeks.
Summary of the Queensland Termination of Pregnancy (TOP) Legislation
Effective from 3 December 2018, the Termination of Pregnancy Bill 2018 (‘The Act’) applies to termination of pregnancy in Queensland.
Termination performed by a registered medical practitioner is no longer a criminal offence under the Criminal Code; nor is it a criminal offence for a woman to consent to, assist in or perform a termination on herself; nor is it a criminal offence to assist a woman to obtain a termination or supply her with the means to do so.
The Act ensures TOP are treated and regarded as a health issue rather than a legal issue in the state of Queensland. By positioning TOP as a health issue, the Act:
Key provisions include:
The law recognises that health practitioners have and may exercise the right to freedom of thought, conscience and religion, and seeks to balance this against the rights of a woman – particularly the right to health including reproductive health and autonomy.
A health practitioner may refuse to perform or assist in a termination if it conflicts with their own personal beliefs, values or moral concerns. This constitutes a ‘conscientious objection’.
If a person asks a registered health practitioner to perform, assist, make a decision or advise about a termination, the law requires a registered health practitioner to disclose their conscientious objection to the person.
In addition, if the person making the request is a woman asking the health practitioner to perform, or advise on, the performance of a termination on the woman, the practitioner must refer the woman or transfer her care to another health practitioner or health service provider who, in the first practitioner’s belief, can provide the service and does not hold a conscientious objection.
The conscientious objection provision does not extend to administrative, managerial or other tasks ancillary to the provision of termination healthcare; or to hospitals, institutions or services.
A termination performed by a registered medical practitioner is no longer a criminal offence under the Criminal Code; nor is it a criminal offence to assist a woman to obtain a termination or supply her with the means to do so.
The Act does not affect the operation of other general requirements under health regulation and clinical practice which require a medical practitioner to be suitably qualified and credentialed and to act within their scope of practice in relation to any healthcare (including a surgical or medical termination) which they may provide.
It is an offence for an unqualified person to perform or assist in a termination.
Students are not included in the definition of registered health practitioner under the Act, and as unqualified persons it would be an offence for them to assist (s319A of Criminal Code). However, student health practitioners are able to observe.
This Act does not affect or change existing consent requirements. The usual requirements under general law about consent to medical treatment will continue to operate and apply to terminations of pregnancy.
For a young person who does not have capacity to consent to medical treatment, only the Supreme Court may authorise the termination of pregnancy. A parent/guardian cannot give consent. For an adult who does not have the capacity to consent to medical treatment, termination of pregnancy should be consented to by the Queensland Civil and Administrative Tribunal (QCAT).
Health practitioners will be guided by the relevant body regarding codes of ethics, rules of professional conduct, and standards of practice.
The termination of pregnancy clinical guidelines has been updated. Health practitioners are encouraged to familiarise themselves with the new guideline.
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