Abortion Law Reform Act 2019 (NSW)

Abortion Law Reform Act 2019 No 11

An Act about reforming the law relating to terminations of pregnancies and regulating the conduct of health practitioners in relation to terminations.

Part 1 Preliminary

1 Name of Act This Act is the Abortion Law Reform Act 2019.

2 Commencement This Act commences on the date of assent to this Act.

3 Purposes The purposes of the Act are— (a) to reform the law relating to terminations of pregnancies, and

Note— Consequent on the enactment of this Act amendments were made to the Crimes Act 1900 to repeal the provisions of that Act relating to abortions and to abolish the common law offences relating to abortion. (b) to regulate the conduct of registered health practitioners in relation to terminations.

4 Definitions The Dictionary in Schedule 1 defines particular words used in this Act.

Part 2 Performance of terminations by registered health practitioners

5 Termination by medical practitioners at not more than 22 weeks (1) A person who is a medical practitioner may perform a termination on a person who is not more than 22 weeks pregnant. (2) The medical practitioner may perform the termination on the person only if the medical practitioner has obtained informed consent to the termination from— (a) the person, or (b) if the person lacks the capacity to give informed consent to the termination, a person lawfully authorised to give consent on the person's behalf. (3) However, subsection (2) does not apply if, in an emergency, it is not practicable to obtain the person's informed consent.

6 Termination by medical practitioner after 22 weeks (1) A specialist medical practitioner may perform a termination on a person who is more than 22 weeks pregnant if— (a) the specialist medical practitioner, after considering the matters mentioned in subsection (3) and any advice received under subsection (4), considers that, in all the circumstances, there are sufficient grounds for the termination to be performed, and (b) the specialist medical practitioner has consulted with another specialist medical practitioner who, after considering the matters mentioned in subsection (3), also considers that, in all the circumstances, there are sufficient grounds for the termination to be performed, and (c) the specialist medical practitioner has obtained informed consent to the termination from— (i) the person, or (ii) if the person lacks the capacity to give informed consent to the termination, a person lawfully authorised to give consent on the person's behalf, and (d) the termination is performed at— (i) a hospital controlled by a statutory health organisation, within the meaning of the Health Services Act 1997, or (ii) an approved health facility. (2) To remove any doubt, subsection (1)(d) does not require that any ancillary services necessary to support the performance of a termination be carried out only at the hospital or approved health facility at which the termination is, or is to be, performed. (3) In considering whether a termination should be performed on a person under this section, a specialist medical practitioner must consider— (a) all relevant medical circumstances, and (b) the person's current and future physical, psychological and social circumstances, and (c) the professional standards and guidelines that apply to the specialist medical practitioner in relation to the performance of the termination. (4) Without limiting subsection (3), the specialist medical practitioner may ask for advice about the proposed termination from a multi-disciplinary team or hospital advisory committee. (5) In an emergency, a medical practitioner, whether or not a specialist medical practitioner, may perform a termination on a person who is more than 22 weeks pregnant, without acting under subsections (1) and (3), if the medical practitioner considers it necessary to perform the termination to— (a) save the person's life, or (b) save another foetus. (6) In this section— ancillary services means— (a) tests or other medical procedures, or (b) the administration, prescription or supply of medication, or (c) another treatment or service prescribed by the regulations.