Health and Other Legislation Amendment Bill (No. 2) 2023 (Qld)

An Act to amend the Criminal Code, the Hospital and Health Boards Act 2011, the Mental Health Act 2016, the Public Health Act 2005, the Termination of Pregnancy Act 2018 and the legislation mentioned in schedule 1 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Health and Other Legislation Amendment Act (No. 2) 2023.

2 Commencement The following provisions commence on a day to be fixed by proclamation— (a) part 2; (b) part 3, division 3; (c) parts 4, 6 and 7; (d) schedule 1.

Part 2 Amendment of Criminal Code

3 Code amended This part amends the Criminal Code. Note— See also the amendments in schedule 1.

4 Amendment of s 319A (Termination of pregnancy performed by unqualified person) (1) Section 319A(1) and (2), 'on a woman'— omit, insert— on another person (2) Section 319A(2), note, from 'woman' to 'herself'— omit, insert— person who consents to, assists in, or performs a termination on themself (3) Section 319A(3), definition assisting, 'woman'— omit, insert— person (4) Section 319A(3)— insert— medical termination means a termination caused by use of a termination drug. (5) Section 319A(3), definition prescribed student, paragraph (b)— omit, insert— (b) who assists in the performance of a termination on a person only— (i) under the supervision of— (A) a medical practitioner performing the termination; or (B) for a medical termination—a registered health practitioner, to whom the Termination of Pregnancy Act 2018, section 6A applies, performing the termination; or (C) a prescribed practitioner lawfully assisting in the performance of the termination; or (D) the student's primary clinical supervisor; and (ii) to the extent necessary to complete the student's program of study for, or clinical training in, the student's health profession. (6) Section 319A(3), definition unqualified person, paragraph (a)— omit, insert— (a) in relation to the performance of a termination—a person who is not— (i) a medical practitioner; or (ii) for a medical termination—a registered health practitioner to whom the Termination of Pregnancy Act 2018, section 6A applies; or (7) Section 319A(3), definition unqualified person, paragraph (b), 'a woman'— omit, insert— another person (8) Section 319A(3), definition unqualified person, paragraph (b), after subparagraph (i)— insert— (ia) for a medical termination—a registered health practitioner to whom the Termination of Pregnancy Act 2018, section 6A applies; or (9) Section 319A(3), definition unqualified person, paragraph (b)(ia) to (iii)— renumber as subparagraphs (ii) to (iv). (10) Section 319A(3), definition woman— omit.