Abortion Law Reform Act 2008

to reform the law relating to abortion; and

to regulate health practitioners performing abortions; and

to amend the Crimes Act 1958—

to repeal the provisions relating to abortion; and

to abolish the common law offences relating to abortion; and

to make it an offence for an unqualified person to perform an abortion; and

to amend the definition of serious injury to include the destruction of a foetus other than in the course of a medical procedure.

using an instrument; or

using a drug or a combination of drugs; or

any other means;

A registered medical practitioner may perform an abortion on a woman who is more than 24 weeks pregnant only if the medical practitioner—

reasonably believes that the abortion is appropriate in all the circumstances; and

has consulted at least one other registered medical practitioner who also reasonably believes that the abortion is appropriate in all the circumstances.

In considering whether the abortion is appropriate in all the circumstances, a registered medical practitioner must have regard to—

all relevant medical circumstances; and

the woman's current and future physical, psychological and social circumstances.

A registered medical practitioner may, in writing, direct a registered pharmacist or registered nurse, who is employed or engaged by a hospital, to administer or supply a drug or drugs to cause an abortion in a woman who is more than 24 weeks pregnant only if the medical practitioner—

reasonably believes that the abortion is appropriate in all the circumstances; and

has consulted at least one other registered medical practitioner who also reasonably believes that the abortion is appropriate in all the circumstances.

In considering whether the abortion is appropriate in all the circumstances, a registered medical practitioner must have regard to—

all relevant medical circumstances; and

the woman's current and future physical, psychological and social circumstances.

A registered pharmacist may administer or supply a drug or drugs to cause an abortion in a woman who is more than 24 weeks pregnant only if the pharmacist is employed or engaged by a hospital and only at the written direction of a registered medical practitioner.

A registered nurse may administer or supply a drug or drugs to cause an abortion in a woman who is more than 24 weeks pregnant only if the nurse is employed or engaged by a hospital and only at the written direction of a registered medical practitioner.

In this section hospital means a public hospital, private hospital or day procedure centre within the meaning of the Health Services Act 1988.

If a woman requests a registered health practitioner to advise on a proposed abortion, or to perform, direct, authorise or supervise an abortion for that woman, and the practitioner has a conscientious objection to abortion, the practitioner must—

inform the woman that the practitioner has a conscientious objection to abortion; and

refer the woman to another registered health practitioner in the same regulated health profession who the practitioner knows does not have a conscientious objection to abortion.

Subsection (1) does not apply to a practitioner who is under a duty set out in subsection (3) or (4).

Despite any conscientious objection to abortion, a registered medical practitioner is under a duty to perform an abortion in an emergency where the abortion is necessary to preserve the life of the pregnant woman.

Despite any conscientious objection to abortion, a registered nurse is under a duty to assist a registered medical practitioner in performing an abortion in an emergency where the abortion is necessary to preserve the life of the pregnant woman.