2002

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mrs Vicki Dunne)

2002

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mrs Vicki Dunne)

An Act to amend the Health Regulation (Maternal Health Information) Act 1998 and the Crimes Act 1900

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

This Act is the Maternal Health Legislation Amendment Act 2002.

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

Note 1 The naming and commencement provisions automatically commence on the notification day (see Legislation Act 2001, s 75).

Note 2 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act 2001, s 77 (1)).

Note 3 If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act 2001, s 79).

This part amends the Health Regulation (Maternal Health Information) Act 1998.

(a) the woman has been provided with advice and information, and offered the opportunity of referral for counselling, under section 8; and

(b) statements to that effect have been completed under section 9.

a medical practitioner shall

a competent person must

(4) For this section:

associated—someone is associated with an abortion provider if the person—

(a) performs, or assists in the performance of, abortions; or

(b) is employed by someone mentioned in paragraph (a).

competent person means—

(a) for subsection (1) (a)—a doctor who is not associated with an abortion provider; and

(b) for subsection (1) (b), (c), (d) and (e)—someone who is not associated with an abortion provider and is—

(i) a doctor; or

(ii) a nurse; or

(iii) a registered psychologist under the Psychologists Act 1994; or

(iv) a social worker.

social worker means a member of the Australian Association of Social Workers or someone recognised by the association as eligible to be a member.

(1) If the advice, offer of the opportunity of referral to counselling or information mentioned in section 8 is provided to a woman under the section, the woman and the person who provided the advice, offer or information may jointly make a declaration in writing to that effect, stating the date and time.

This part amends the Crimes Act 1900.

10 years

1 month

A person must not coerce a woman to have an abortion.

Maximum penalty: imprisonment for 10 years.

1 For the latest republication of amended laws, see www.legislation.act.gov.au.