Health (Improving Abortion Access) Amendment Act 2018 (ACT)

Case

Health (Improving Abortion Access) Amendment Act 2018

A2018-37

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            Division 6.1  2

5            Definitions—div 6.2Section 85 (1), definition of approved medical facility  6

6            Section 85 (1), definition of prohibited behaviour  6

7           Section 85 (1), definition of prohibited behaviour, paragraph (a) (i)          6

8            Section 85 (1), definition of prohibited behaviour, paragraph (a) (ii)         6

9            Section 85 (1), definition of prohibited behaviour, paragraph (b) (ii)         7

10          Section 85 (1), definition of prohibited behaviour, paragraph  (c)            7

11          Section 85 (1), new definition of protected facility  7

12          Section 85 (2)  7

13          Declaration of protected areaNew section 86 (1A)  8

14          Section 86 (2) (a)  8

15          Section 86 (2) (b)  8

16          Prohibited behaviour in or in relation to protected areaSection 87 (2) (a)  8

17          Section 87 (2) (b)  9

18          Review of decisionsNew section 130 (2)  9

19          Pt 10 obligations—no contracting outSection 131  9

20          New part 23  10

21          Dictionary, note 2  11

22          Dictionary, new definition of abortifacient  11

23          Dictionary, definition of abortion  11

24          Dictionary, definition of approved medical facility  11

25          Dictionary, new definitions  11

Health (Improving Abortion Access) Amendment Act 2018

A2018-37

An Act to amend the Health Act 1993

The Legislative Assembly for the Australian Capital Territory enacts as follows:

  1. Name of Act

    This Act is the Health (Improving Abortion Access) Amendment Act 2018.

  2. Commencement

    (1)This Act commences on a day fixed by the Minister by written notice.

    Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

    Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

    (2)If this Act has not commenced within 12 months beginning on its notification day, it automatically commences on the first day after that period.

    (3)The Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to this Act.

  3. Legislation amended

    This Act amends the Health Act 1993.

  4. Division 6.1

    substitute

Division 6.1               Abortions—generally

  1. Definitions—pt 6

    (1)In this part:

    abortifacient means a medicine, drug or other substance that causes a pregnancy to end prematurely.

    abortion means a medical abortion or surgical abortion.

    approved medical facility means a medical facility approved under section 84.

    surgical abortion means a surgical procedure or any other procedure or act (other than the administration or supply of an abortifacient) that causes a pregnancy to end prematurely.

    (2)In this section:

    medical abortion means the prescription, supply or administration of an abortifacient.

  2. Offence—unauthorised supply or administration of abortifacient

    (1)A person commits an offence if—

    (a)the person supplies or administers an abortifacient to another person; and

    (b)the abortifacient is supplied or administered by the person for the purpose of ending a pregnancy; and

    (c)the person is not a doctor.

    Maximum penalty:  imprisonment for 5 years.

    (2)Subsection (1) does not apply to—

    (a)a pharmacist supplying an abortifacient in accordance with a prescription; or

    (b)a person assisting a pharmacist in supplying an abortifacient in accordance with a prescription.

    (3)For this section, it does not matter whether or not—

    (a)the other person was pregnant; or

    (b)the abortifacient supplied or administered was sufficient to end a pregnancy.

    (4)In this section:

    prescription—see the Medicines, Poisons and Therapeutic Goods Act 2008, dictionary.

  3. Offence—unauthorised surgical abortion

    (1)A person commits an offence if the person—

    (a)carries out a surgical abortion; and

    (b)is not a doctor.

    Maximum penalty:  imprisonment for 5 years.

    (2)Subsection (1) does not apply to a person assisting a doctor to carry out a surgical abortion.

  4. Surgical abortion to be carried out in approved medical facility

    A person commits an offence if the person carries out a surgical abortion other than in an approved medical facility.

    Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

  5. Approval of facilities

    (1)A person may apply to the Minister to have a medical facility, or a part of a medical facility, approved to carry out surgical abortions.

    (2)The Minister must approve the application if reasonably satisfied the medical facility is suitable.

    (3)An approval is a notifiable instrument.

    NoteA notifiable instrument must be notified under the Legislation Act.

84AConscientious objection

(1)Subject to subsection (2), an authorised person may refuse to prescribe, supply or administer an abortifacient, or carry out or assist in carrying out a surgical abortion, on religious or other conscientious grounds (a conscientious objection).

(2)An authorised person must not refuse, only because of a conscientious objection—

(a)to carry out, or assist in carrying out, a surgical abortion in an emergency where an abortion is necessary to preserve the life of the pregnant person; or

(b)to provide medical assistance or treatment to a person requiring medical treatment because of an abortion.

(3)There is no breach of duty (by contract or by statutory or other legal requirement) or contravention of a territory law if an authorised person refuses to prescribe, supply or administer an abortifacient, or carry out or assist in carrying out a surgical abortion, because of a conscientious objection.

(4)However, if an authorised person refuses to prescribe, supply or administer an abortifacient, or carry out or assist in carrying out a surgical abortion because of a conscientious objection, the authorised person must tell a person requesting the abortifacient or abortion that the authorised person refuses because of the objection.

(5)In this section:

authorised person means a doctor or nurse.

  1. Definitions—div 6.2
    Section 85 (1), definition of approved medical facility

    omit

  2. Section 85 (1), definition of prohibited behaviour

    omit

    an approved medical

    substitute

    a protected

  3. Section 85 (1), definition of prohibited behaviour, paragraph (a) (i)

    omit

    approved medical

    substitute

    protected

  4. Section 85 (1), definition of prohibited behaviour, paragraph (a) (ii)

    substitute

    (ii)having an abortion, providing a surgical abortion or prescribing, supplying or administering an abortifacient in the protected facility;

  5. Section 85 (1), definition of prohibited behaviour, paragraph (b) (ii)

    substitute

    (ii)is intended to stop a person from—

    (A)entering the protected facility; or

    (B)having an abortion, providing a surgical abortion or prescribing, supplying or administering an abortifacient in the protected facility;

  6. Section 85 (1), definition of prohibited behaviour, paragraph  (c)

    omit

    the provision of abortions in the approved medical facility

    substitute

    a person doing any of the things mentioned in paragraph (b) (ii) (A) or (B)

  7. Section 85 (1), new definition of protected facility

    insert

    protected facility means an approved medical facility or other place around which a protected area has been declared under section 86.

  8. Section 85 (2)

    omit

    an approved medical

    substitute

    a protected

  9. Declaration of protected area
    New section 86 (1A)

    insert

    (1A)The Minister may declare an area around a place where an abortifacient is prescribed, supplied or administered to be a protected area.

  10. Section 86 (2) (a)

    omit

    approved medical

    substitute

    protected

  11. Section 86 (2) (b)

    omit

    an approved medical

    substitute

    the protected

  12. Prohibited behaviour in or in relation to protected area
    Section 87 (2) (a)

    omit

    an approved medical

    substitute

    a protected

  13. Section 87 (2) (b)

    substitute

    (b)the person does so with the intention of stopping a person from—

    (i)having an abortion; or

    (ii)providing a surgical abortion; or

    (iii)prescribing, supplying or administering an abortifacient; and

  14. Review of decisions
    New section 130 (2)

    insert

    (2)An applicant under section 84 may apply to the ACAT for review of a decision of the Minister to refuse approval of a medical facility, or a part of a medical facility, to carry out surgical abortions.

  15. Pt 10 obligations—no contracting out
    Section 131

    before

    this part

    insert

    for section 130

  16. New part 23

    insert

Part 23Transitional—Health (Improving Abortion Access) Amendment Act 2018

  1. Meaning of commencement day—pt 23

    In this part:

    commencement day means the day the Health (Improving Abortion Access) Amendment Act 2018, section 3 commences.

  2. Existing approvals of medical facilities

    (1)An existing approval is taken to be an approval under section 84.

    (2)In this section:

    existing approval means an approval—

    (a)under section 83 (Approval of facilities) as in force immediately before the commencement day; and

    (b)in force immediately before the commencement day.

  3. Expiry—pt 23

    This part expires on the commencement day.

    NoteTransitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

  4. Dictionary, note 2

    insert

    ·     doctor

    ·     Minister (see s 162)

    ·     notifiable instrument (see s 10)

    ·     penalty unit (see s 133)

  5. Dictionary, new definition of abortifacient

    insert

    abortifacient, for part 6 (Abortions)—see section 80 (1).

  6. Dictionary, definition of abortion

    substitute

    abortion, for part 6 (Abortions)—see section 80 (1).

  7. Dictionary, definition of approved medical facility

    substitute

    approved medical facility, for part 6 (Abortions)—see section 80 (1).

  8. Dictionary, new definitions

    insert

    protected facility, for division 6.2 (Patient privacy in protected areas)—see section 85.

    surgical abortion, for part 6 (Abortions)—see section 80 (1).

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 21 March 2018.

  2. Notification

    Notified under the Legislation Act on 27 September 2018.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Health (Improving Abortion Access) Amendment Bill 2018, which was passed by the Legislative Assembly on 19 September 2018.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2018

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