Termination Of Pregnancy Law Reform Act 2017 (NT)

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NORTHERN TERRITORY OF AUSTRALIA

TERMINATION OF PREGNANCY LAW REFORM ACT 2017

As in force at 16 December 2021

Table of provisions [if supportFields]> TOC \o "1-9" <![endif] — Preliminary matters1 — Short title2 — Commencement3 — Objects of Act4 — Definitions5 — Application of Criminal CodePart 2 — Role of health practitioners6 — Performing a termination7 — Termination of pregnancy by a medical practitioner at not more than 24 weeks8 — Termination of pregnancy by an authorised health practitioner at not more than 14 weeks9 — Termination of pregnancy by a medical practitioner at more than 24 weeks10 — Termination of pregnancy where life at risk11 — Medical practitioner who has conscientious objection12 — Authorised health practitioner who has conscientious objection13 — Duty to perform or assist when necessary to save lifePart 3 — Safe access zones14 — Prohibited conduct in a safe access zone15 — Publication of recording16 — Seizure of material used in offencePart 4 — Reporting requirements17 — Reports to CHOPart 5 — Miscellaneous matters18 — RegulationsENDNOTES NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 16 December 2021

TERMINATION OF PREGNANCY LAW REFORM ACT 2017

An Act to reform the law relating to the termination of pregnancy, and for related purposes

Part 1Preliminary matters 1Short title

This Act may be cited as the Termination of Pregnancy Law Reform Act 2017.

2Commencement

This Act commences on the day fixed by the Administrator by Gazette notice.

3Objects of Act

The objects of this Act are:

(a)
to reform the law relating to terminations of pregnancy; and
(b)
to enable reasonable and safe access by women to terminations; and
(c)
to regulate health practitioners performing terminations.

4Definitions

In this Act:

ATSI 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).

authorised, in relation to an ATSI health practitioner, midwife, nurse or pharmacist, means authorised under the Medicines, Poisons and Therapeutic Goods Act 2012 to supply or administer a termination drug.

CHO means the person appointed under section 67 of the Public and Environmental Health Act 2011 to be the Chief Health Officer.

credentialed means having the verified qualifications, training, experience, professional standing and other relevant professional attributes of a medical practitioner used for the purpose of forming a view about the competence, performance and professional suitability of the medical practitioner.

directing a health practitioner, in the performance of a termination, includes supervising the health practitioner in the performance of the termination.

health practitioner means a person registered under one of the following health professions within the meaning of the Health Practitioner Regulation National Law (other than as a student):

(a)
Aboriginal and Torres Strait Islander health practice;
(b)
medical;
(c)
midwifery;
(ca)
nursing;
(d)
pharmacy.

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).

perform a termination,see section 6.

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

premises for performing terminations:

(a)
means premises where either or both of the following take place:
- (i)
  terminations are performed by medical practitioners;
- (ii)
  health practitioners assist in the performance of terminations; but
(b)
does not include a pharmacy.

professional standards and guidelines means professional standards and guidelines applicable to medical practitioners in the performance of terminations, including standards and guidelines for the following matters:

(a)
the assessment of a woman for a termination;
(b)
the availability of suitable facilities and equipment for the performance of a termination;
(c)
access to emergency services, if required, during or following a termination;
(d)
procedures relating to the performance of a termination;
(e)
the availability of support services, including counselling.

publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else.

safe access zone means the area:

(a)
within the boundary of premises for performing terminations; and
(b)
within 150 metres outside the boundary.

termination means intentionally terminating a woman’s pregnancy.

termination drug means a substance or combination of substances, to which the current Poisons Standard applies under the Therapeutic Goods Act 1989 (Cth), used for terminations.

woman means a female person of any age.

Note for section 4

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

5Application of Criminal Code

Part IIAA of the Criminal Code applies to an offence against this Act.

Note for section 5

Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

Part 2Role of health practitioners 6Performing a termination

(1)
A medical practitioner who does any of the following, intending to induce an abortion, performs a termination:
- (a)
  performs a surgical procedure;
- (b)
  prescribes, supplies or administers a termination drug;
- (c)
  any other action.
(2)
An ATSI health practitioner, a midwife or a nurse assists in the performance of a termination by supplying or administering, under the direction of a medical practitioner, a termination drug, knowing it is intended to induce an abortion.
(3)
A pharmacist assists in the performance of a termination by supplying, under the direction of a medical practitioner, a termination drug, knowing it is intended to induce an abortion.

7Termination of pregnancy by a medical practitioner at not more than 24 weeks

A medical practitioner may perform a termination on a woman who is not more than 24 weeks pregnant, if the medical practitioner considers the termination is appropriate in all the circumstances, having regard to:

(a)
all relevant medical circumstances; and
(b)
the woman’s current and future physical, psychological and social circumstances; and
(c)
professional standards and guidelines.

8Termination of pregnancy by an authorised health practitioner at not more than 14 weeks

(1)
A medical practitioner may direct an authorised ATSI health practitioner, authorised midwife, authorised nurse or authorised pharmacist to assist in the performance of a termination on a woman who is not more than 14 weeks pregnant, if the medical practitioner considers the termination is appropriate.
(2)
In considering whether the termination is appropriate, as mentioned in subsection (1), the medical practitioner must have regard to each of the matters mentioned in section 7.
(3)
An authorised ATSI health practitioner, authorised midwife or authorised nurse may supply or administer a termination drug:
- (a)
  if directed to do so by a medical practitioner; and
- (b)
  in accordance with that direction.
(4)
An authorised pharmacist may supply a termination drug:
- (a)
  if directed to do so by a medical practitioner; and
- (b)
  in accordance with that direction.
9Termination of pregnancy by a medical practitioner at more than 24 weeks
A medical practitioner may perform a termination on a woman who is more than 24 weeks pregnant if:
- (a)
  the medical practitioner has consulted with at least one other medical practitioner who has assessed the woman; and
- (b)
  each medical practitioner considers the termination is appropriate in all the circumstances, having regard to each of the matters mentioned in section 7.
10Termination of pregnancy where life at risk
A medical practitioner may perform a termination on a woman in an emergency if the medical practitioner considers the termination is necessary to preserve the life of the woman.

11Medical practitioner who has conscientious objection

(1)
This section applies if a woman requests a medical practitioner to advise on a proposed termination or perform a termination on the woman, and the medical practitioner has a conscientious objection in relation to terminations.
(2)
The medical practitioner must:
- (a)
  inform the woman that the medical practitioner has a conscientious objection in relation to the termination contemplated by the woman; and
- (b)
  refer the woman, within a clinically reasonable time, to another medical practitioner known by the medical practitioner not to have a conscientious objection in relation to terminations.
12Authorised health practitioner who has conscientious objection
(1)
This section applies if a medical practitioner directs an authorised ATSI health practitioner, authorised midwife, authorised nurse or authorised pharmacist to assist in the performance of a termination and the ATSI health practitioner, midwife, nurse or pharmacist has a conscientious objection in relation to terminations.
(2)
The medical practitioner must instead direct another authorised ATSI health practitioner, authorised midwife, authorised nurse or authorised pharmacist, known by the medical practitioner not to have a conscientious objection in relation to terminations, to assist.

13Duty to perform or assist when necessary to save life

(1)
Despite any conscientious objection in relation to terminations, a medical practitioner is under a duty to perform a termination in an emergency where the termination is necessary to preserve the life of the pregnant woman.
(2)
Despite any conscientious objection in relation to terminations, an ATSI health practitioner, a midwife or a nurse is under a duty to assist a medical practitioner in an emergency where a termination is necessary to preserve the life of the pregnant woman.

Part 3Safe access zones 14Prohibited conduct in a safe access zone

(1)
A person commits an offence if:
- (a)
  the person intentionally engages in prohibited conduct; and
- (b)
  the prohibited conduct occurs in a safe access zone and the person is reckless in relation to that circumstance.
Maximum penalty: 100 penalty units or imprisonment for 12 months.
(2)
Subsection (1) does not apply if:
- (a)
  the person is a police officer acting in the duties of law enforcement and the conduct of the police officer is reasonable in the circumstances for the performance of those duties; or
- (b)
  the person is employed at premises for performing terminations and the conduct of the employee is reasonable in the circumstances.
(3)
For conduct mentioned in subsection (4), definition prohibited conduct, paragraph (b), it is immaterial whether a person was entering or leaving, or attempting to enter or leave, premises for performing terminations for an offence to be committed.
(4)
In this section:
prohibited conduct means:
- (a)
  harassing, hindering, intimidating, interfering with, threatening or obstructing a person, including by recording the person by any means without the person’s consent and without a reasonable excuse, that may result in deterring the person from:
  - (i)
    entering or leaving premises for performing terminations; or
  - (ii)
    performing, or receiving, a termination at premises for performing terminations; and
- (b)
  an act that could be seen or heard by a person in the vicinity of premises for performing terminations, that may result in deterring the person or another person from:
  - (i)
    entering or leaving the premises; or
  - (ii)
    performing a termination, or receiving a termination at the premises.
  15Publication of recording
(1)
A person commits an offence if:
- (a)
  the person intentionally publishes a recording of another person who is in a safe access zone; and
- (b)
  the recording was made without the other person’s consent; and
- (c)
  the recording shows that the other person was entering or leaving, or attempting to enter or leave, premises for performing terminations; and
- (d)
  the person is reckless in relation to the circumstances mentioned in paragraphs (b) and (c).
Maximum penalty: 100 penalty units or imprisonment for 12 months.
(2)
Subsection (1) does not apply if the recording is published to a person who is authorised under a law in force in the Territory to receive the information in the recording.
(3)
It is a defence to a prosecution for an offence against subsection (1) if the defendant has a reasonable excuse.

16Seizure of material used in offence

(1)
This section applies if a police officer believes on reasonable grounds that a person:
- (a)
  is committing an offence under section 14 or 15; or
- (b)
  is likely to commit an offence under section 14 or 15.
(2)
The police officer may seize and remove any object, material, information, document, poster, picture or recording that was used, or is about to be used, in relation to an offence as mentioned in subsection (1).

Part 4Reporting requirements 17Reports to CHO

A medical practitioner who performs or directs the performance of a termination under this Act must provide to the CHO the information prescribed by regulation within the time prescribed by regulation.

Part 5Miscellaneous matters 18Regulations

(1)
The Administrator may make regulations under this Act.
(2)
The Regulations may:
- (a)
  provide for an offence against a regulation to be an offence of strict or absolute liability; and
- (b)
  for an offence against a regulation, prescribe a fine not exceeding 100 penalty units; and
- (c)
  provide for the creation and maintenance of, by the CHO, a register relating to terminations or the health practitioners performing terminations; and
- (d)
  provide for the setting of, by the CHO, record keeping and reporting standards or requirements for health practitioners performing terminations; and
- (e)
  provide for the collection of, by the CHO, statistical data on matters relating to terminations; and
- (g)
  provide for the setting of, by the CHO, standards, guidelines or requirements about the manner of doing or performing anything required or permitted to be done or performed under this Act; and
- (h)
  apply, adopt or incorporate (with or without changes) the whole or part of a document as in force or existing at a particular time or from time to time.
ENDNOTES
- 1
  KEY
Key to abbreviations

amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
- 2
  LIST OF LEGISLATION

Termination of Pregnancy Law Reform Act 2017 (Act No. 7, 2017)
Assent date	24 April 2017
Commenced	1 July 2017 (Gaz S38, 28 June 2017)
Health Practitioner Regulation (National Uniform Legislation) and Other Legislation Amendment Act 2018 (Act No. 28, 2018)
Assent date	30 November 2018
Commenced	1 December 2018 (s 2)
Termination of Pregnancy Law Reform Legislation Amendment Act 2021 (Act No. 26, 2021)
Assent date	15 December 2021
Commenced	16 December 2021 (s 2)

3
GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: s 4.

4
LIST OF AMENDMENTS

s 4 amd No. 28, 2018, s 25; No. 26, 2021, s 4

s 7 amd No. 26, 2021, s 5

s 8 amd No. 26, 2021, s 7

s 9 sub No. 26, 2021, s 6

ss 12 – 13 amd No. 26, 2021, s 7

s 18 amd No. 26, 2021, s 7

pt 6 hdg exp No. 7, 2017, s 23

pt 6

div 1 hdg exp No. 7, 2017, s 23

ss 19 – 20 exp No. 7, 2017, s 23

pt 6

div 2 hdg exp No. 7, 2017, s 23

ss 21 – 22 exp No. 7, 2017, s 23

pt 6

div 3 hdg exp No. 7, 2017, s 23

s 23 exp No. 7, 2017, s 23

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Termination of Pregnancy Law Reform Act 2017 (NT)

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