South Australian Current Acts

TERMINATION OF PREGNANCY ACT 2021 - SECT 11

11—Registered health practitioner with conscientious objection

        (1)         This section applies if—

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

                  (i)         perform a termination on another person; or

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

                  (iii)         make a decision under this Act whether a termination on another person should be performed; or

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

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

        (2)         The registered health practitioner must, as soon as practicable after the first person makes the request, disclose the practitioner's conscientious objection to the first person.

        (3)         If the request by a person is for the registered health practitioner (the first practitioner) to perform a termination on the person, or to advise the person about the performance of a termination on the person, the practitioner must, without delay—

            (a)         give information to the person on how to locate or contact a medical practitioner who, in the first practitioner's reasonable belief, does not have a conscientious objection to the performance of the termination; or

            (b)         transfer the person's care to—

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

                  (ii)         a health service provider at which, in the first practitioner's reasonable 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)         For the purposes of subsection (3)(a), the first practitioner is taken to have complied with the practitioner's obligations under that paragraph if the practitioner gives the person information approved by the Minister for the purposes of that paragraph.

Note—

The information to be approved by the Minister is to consist of contact details for a SA Government service that provides information about a range of health services and resources, including information about medical practitioners who do not have a conscientious objection to the performance of terminations.

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