Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
REPRODUCTIVE HEALTH (ACCESS TO
TERMINATIONS) BILL 2013
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
PART 2 - ACCESS TO TERMINATIONS
4. Terminations by medical practitioner at not more than 16 weeks
5. Terminations by medical practitioner after 16 weeks
6. Conscientious objection and duty to treat
7. Obligations on medical practitioners and counsellors
8. Woman not guilty of crime or offence
9. Access zones
10. Proceedings
11. Infringement notices
12. Regulations
PART 3 - CRIMINAL CODE ACT 1924 AMENDED
13. Principal Act
14. Criminal Code amended
[Bill 24]-I
PART 4 - GUARDIANSHIP AND ADMINISTRATION ACT 1995
AMENDED
15. Principal Act
16. Section 37 amended (Part 6 to prevail over Criminal Code)
PART 5 - MISCELLANEOUS
17. Administration of Act
2
REPRODUCTIVE HEALTH (ACCESS TO
TERMINATIONS) BILL 2013
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
17 April 2013
(Brought in by the Minister for Health, the Honourable
Michelle Anne O'Byrne)
A BILL FOR
An Act to regulate the termination of pregnancies by
medical practitioners and to amend the Criminal Code Act
1924 and the Guardianship and Administration Act 1995
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Reproductive
Health (Access to Terminations) Act 2013.
2. Commencement
This Act commences on a day to be proclaimed.
[Bill 24] 3
Reproductive Health (Access to Terminations) Act 2013
Act No. of
s. 3 Part 1 - Preliminary
3. Interpretation
(1) In this Act, unless the contrary intention
appears -
nurse means a registered nurse or an enrolled
nurse;
terminate means to discontinue a pregnancy
so that it does not progress to birth by -
(a) using an instrument or a
combination of instruments; or
(b) using a drug or a combination of
drugs; or
(c) any other means -
but does not include the supply or
procurement of any thing for the purpose
of discontinuing a pregnancy;
woman means a female person of any age.
(2) A note in the text of this Act does not form part
of this Act.
4
Reproductive Health (Access to Terminations) Act 2013
Act No. of
Part 2 - Access to Terminations s. 4
PART 2 - ACCESS TO TERMINATIONS
4. Terminations by medical practitioner at not more
than 16 weeks
The pregnancy of a woman who is not more than
16 weeks pregnant may be terminated by a
medical practitioner with the woman's consent.
5. Terminations by medical practitioner after 16
weeks
(1) The pregnancy of a woman who is more than 16
weeks pregnant may be terminated by a medical
practitioner with the woman's consent if the
medical practitioner -
(a) reasonably believes that the continuation
of the pregnancy would involve greater
risk of injury to the physical or mental
health of the pregnant woman than if the
pregnancy were terminated; and
(b) has consulted with another medical
practitioner who reasonably believes that
the continuation of the pregnancy would
involve greater risk of injury to the
physical or mental health of the pregnant
woman than if the pregnancy were
terminated.
(2) In assessing the risk referred to in subsection (1),
the medical practitioners must have regard to the
woman's current and future physical,
5
Reproductive Health (Access to Terminations) Act 2013
Act No. of
s. 6 Part 2 - Access to Terminations
psychological, economic and social
circumstances.
(3) At least one of the medical practitioners referred
to in subsection (1) is to be a medical
practitioner who specialises in obstetrics or
gynaecology.
Note The Criminal Code sets out the circumstances in which a
person is guilty of a crime in relation to a termination.
6. Conscientious objection and duty to treat
(1) Subject to subsection (2), no individual has a
duty, whether by contract or by any statutory or
other legal requirement, to participate in
treatment authorised by section 4 or 5 of this Act
if the individual has a conscientious objection to
terminations.
(2) Subsection (1) does not apply to an individual
who has a duty set out in subsection (3) or (4).
(3) A medical practitioner has a duty to perform a
termination in an emergency if a termination is
necessary to save the life of a pregnant woman
or to prevent her serious physical injury.
(4) A nurse has a duty to assist a medical
practitioner in performing a termination in an
emergency if a termination is necessary to save
the life of a pregnant woman or to prevent her
serious physical injury.
6
Reproductive Health (Access to Terminations) Act 2013
Act No. of
Part 2 - Access to Terminations s. 7
7. Obligations on medical practitioners and
counsellors
(1) In this section -
counsellor means a person who holds himself
or herself out as a provider of a
counselling service, or conducts himself
or herself in a manner consistent with a
provider of a counselling service,
whether or not that service or conduct is
engaged in, or provided, for fee or
reward;
pregnancy options advice means advice or
information relating to pregnancy options
including continuing a pregnancy or
terminating it.
(2) Subject to subsection (4), if a woman seeks a
termination or pregnancy options advice from a
medical practitioner and the practitioner has a
conscientious objection to terminations, the
practitioner must refer the woman to another
medical practitioner who the first-mentioned
practitioner reasonably believes does not have a
conscientious objection to terminations.
(3) If a woman seeks pregnancy options advice from
a counsellor and the counsellor has a
conscientious objection to terminations, the
counsellor must refer the woman to another
counsellor who the first-mentioned counsellor
reasonably believes does not have a
conscientious objection to terminations.
Penalty: Fine not exceeding 250 penalty units.
7
Reproductive Health (Access to Terminations) Act 2013
Act No. of
s. 8 Part 2 - Access to Terminations
(4) Subsection (2) does not apply to a medical
practitioner who has a duty set out in
section 6(3).
8. Woman not guilty of crime or offence
Notwithstanding any other Act or law, a woman
who consents to, assists in or performs a
termination on herself is not guilty of a crime or
any other offence.
9. Access zones
(1) In this section -
access zone means an area within a radius of
150 metres from premises at which
terminations are provided;
distribute includes -
(a) communicate, exhibit, send,
supply or transmit to someone,
whether to a particular person or
not; and
(b) make available for access by
someone, whether by a particular
person or not; and
(c) enter into an agreement or
arrangement to do anything
mentioned in paragraph (a) or (b);
and
(d) attempt to distribute;
8
Reproductive Health (Access to Terminations) Act 2013
Act No. of
Part 2 - Access to Terminations s. 9
prohibited behaviour means -
(a) in relation to a person, besetting,
harassing, intimidating,
interfering with, threatening,
hindering, obstructing or
impeding that person; or
(b) a protest in relation to
terminations that is able to be
seen or heard by a person
accessing, or attempting to
access, premises at which
terminations are provided; or
(c) footpath interference in relation
to terminations; or
(d) recording, by any means, a
person accessing or attempting to
access premises at which
terminations are provided without
that person's consent; or
(e) any other prescribed behaviour.
(2) A person must not engage in prohibited
behaviour within an access zone.
Penalty: Fine not exceeding 500 penalty units
or imprisonment for a term not
exceeding 12 months, or both.
(3) A person must not publish or distribute a
recording of another person accessing or
attempting to access premises at which
9
Reproductive Health (Access to Terminations) Act 2013
Act No. of
s. 9 Part 2 - Access to Terminations
terminations are provided without that other
person's consent.
Penalty: Fine not exceeding 500 penalty units
or imprisonment for a term not
exceeding 12 months, or both.
(4) If a police officer reasonably believes a person is
committing or has committed an offence -
(a) under subsection (2) that involves
recording, by any means, a person
accessing or attempting to access
premises at which terminations are
provided without that person's consent;
or
(b) under subsection (3) -
the police officer may -
(c) detain and search that person; and
(d) seize and retain the recording and any
equipment used to produce, publish or
distribute the recording found in the
possession of that person.
(5) If a person is convicted or found guilty of an
offence under subsection (2) or (3), any item
seized under subsection (4) is forfeited to the
Crown and is to be destroyed or disposed of in a
manner approved by the Minister administering
the Police Service Act 2003.
(6) If a police officer reasonably believes a person is
committing or has committed an offence under
10
Reproductive Health (Access to Terminations) Act 2013
Act No. of
Part 2 - Access to Terminations s. 10
subsection (2) or (3), the police officer may
require that person to state his or her name and
the address of his or her place of abode.
(7) A person must not fail or refuse to comply with a
requirement under subsection (6) or, in response
to such a requirement, state a name or address
that is false.
Penalty: Fine not exceeding 2 penalty units.
(8) A police officer making a requirement under
subsection (6) may arrest, without warrant, a
person who fails or refuses to comply with that
requirement or who, in response to the
requirement, gives a name or address that the
police officer reasonably believes is false.
10. Proceedings
(1) Proceedings for an offence against this Part may
only be instituted by -
(a) a police officer; or
(b) the Secretary of the Department or a
person authorised in writing to institute
proceedings by the Secretary of the
Department.
(2) Proceedings for an offence under this Part must
be instituted within 12 months after the date on
which an offence is alleged to have been
committed.
11
Reproductive Health (Access to Terminations) Act 2013
Act No. of
s. 11 Part 2 - Access to Terminations
11. Infringement notices
(1) In this section -
infringement offence means an offence
against this Part that is prescribed by the
regulations made under this Act to be an
infringement offence.
(2) A person referred to in section 10(1) may issue
and serve an infringement notice on a person if
he or she reasonably believes that the person has
committed an infringement offence.
(3) An infringement notice may not be served on an
individual who has not attained the age of 16
years.
(4) An infringement notice is to be in accordance
with section 14 of the Monetary Penalties
Enforcement Act 2005.
(5) The regulations made under this Part -
(a) may prescribe, for infringement offences,
the penalties payable under infringement
notices; and
(b) may prescribe different penalties for
bodies corporate and individuals.
12. Regulations
(1) The Governor may make regulations for the
purposes of this Part.
12
Reproductive Health (Access to Terminations) Act 2013
Act No. of
Part 2 - Access to Terminations s. 12
(2) The regulations may be made so as to apply
differently according to matters, limitations or
restrictions, whether as to time, circumstance or
otherwise, specified in the regulations.
(3) The regulations may authorise any matter to be
from time to time determined, applied or
regulated by any person or body specified in the
regulations.
13
Reproductive Health (Access to Terminations) Act 2013
Act No. of
s. 13 Part 3 - Criminal Code Act 1924 Amended
PART 3 - CRIMINAL CODE ACT 1924 AMENDED
13. Principal Act
In this Part, the Criminal Code Act 1924* is
referred to as the Principal Act.
14. Criminal Code amended
Schedule 1 to the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of ship in section 1:
terminate, except in section 64, means
to discontinue a pregnancy so that
it does not progress to birth by -
(a) using an instrument or a
combination of
instruments; or
(b) using a drug or a
combination of drugs; or
(c) any other means -
but does not include the supply or
procurement of any thing for the
purpose of discontinuing a
pregnancy;
(b) by inserting the following subsections
after subsection (1) in section 51:
*No. 69 of 1924
14
Reproductive Health (Access to Terminations) Act 2013
Act No. of
Part 3 - Criminal Code Act 1924 Amended s. 14
(1A) Subject to section 149, and
despite section 51(1), a
termination can be lawfully
performed on a woman by a
medical practitioner if it is
performed in good faith, with
reasonable care and skill and with
the woman's consent.
(1B) For the purposes of
subsection (1A), woman means a
female person of any age.
(c) by omitting subsection (3) from section
51 and substituting the following
subsection:
(3) If a person is in such a condition
as to be incapable of giving
consent under subsection (1) or
(1A), the operation may be
performed without such consent
if the operation is -
(a) performed in good faith
and with reasonable care
and skill; and
(b) for the person's benefit;
and
(c) reasonable having regard
to all the circumstances.
(d) by omitting sections 134 and 135;
(e) by omitting sections 164 and 165;
15
Reproductive Health (Access to Terminations) Act 2013
Act No. of
s. 14 Part 3 - Criminal Code Act 1924 Amended
(f) by inserting the following sections after
section 178C:
178D. Termination by person other than
medical practitioner or pregnant
woman
(1) A person who performs a
termination on a woman and who
is not -
(a) a medical practitioner; or
(b) the pregnant woman -
is guilty of a crime.
Charge: Termination by person
other than medical
practitioner or pregnant
woman.
(2) For the purposes of
subsection (1), woman means a
female person of any age.
178E. Termination without woman's
consent
(1) A person who intentionally or
recklessly performs a termination
on a woman without the woman's
consent, whether or not the
woman suffers any other harm, is
guilty of a crime.
Charge: Termination without
woman's consent.
16
Reproductive Health (Access to Terminations) Act 2013
Act No. of
Part 3 - Criminal Code Act 1924 Amended s. 14
(2) No prosecution is to be instituted
against a medical practitioner
who performs a termination on a
woman if the woman is incapable
of giving consent and the
termination is -
(a) performed in good faith
and with reasonable care
and skill; and
(b) is for the woman's
benefit; and
(c) is reasonable having
regard to all the
circumstances.
(3) For the purposes of this section,
woman means a female person of
any age.
17
Reproductive Health (Access to Terminations) Act 2013
Act No. of
s. 15 Part 4 - Guardianship and Administration Act 1995 Amended
PART 4 - GUARDIANSHIP AND ADMINISTRATION
ACT 1995 AMENDED
15. Principal Act
In this Part, the Guardianship and
Administration Act 1995* is referred to as the
Principal Act.
16. Section 37 amended (Part 6 to prevail over
Criminal Code)
Section 37 of the Principal Act is amended by
omitting "section 51 of the Criminal Code" and
substituting "sections 51 and 178E of the
Criminal Code".
*No. 44 of 1995
18
Reproductive Health (Access to Terminations) Act 2013
Act No. of
Part 5 - Miscellaneous s. 17
PART 5 - MISCELLANEOUS
17. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Minister for Health; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Health
and Human Services.
Government Printer, Tasmania 19