Termination of Pregnancy (Live Births) Amendment Bill 2024* (Qld)

An Act to amend the Termination of Pregnancy Act 2018 to clarify particular matters relating to the provision of medical care and treatment to persons born as a result of a termination The Parliament of Queensland enacts—

1 Short title This Act may be cited as the Termination of Pregnancy (Live Births) Amendment Act 2024.

2 Commencement This Act commences, or is taken to have commenced, immediately after the commencement of the Health and Other Legislation Amendment Act (No. 2) 2024, part 6.

3 Act amended This Act amends the Termination of Pregnancy Act 2018.

4 Insertion of new s 9A After section 9— insert—

9A Care of person born after termination (1) This section applies if a termination results in a person being born. (2) Nothing in this Act prevents a relevant person for the termination from exercising any duty to provide the person who is born with medical care and treatment that is— (a) clinically safe; and (b) appropriate to the person's medical condition. (3) To avoid any doubt, it is declared that the duty owed by a registered health practitioner to provide medical care and treatment to a person born as a result of a termination is no different than the duty owed to provide medical care and treatment to a person born other than as a result of a termination. (4) In this section— relevant person, for a termination resulting in a person being born, means— (a) if the termination is performed under section 5 or 6—the medical practitioner who performed the termination; or (b) if the termination is performed under section 6A—the registered health practitioner who performed the termination; or (c) a prescribed practitioner who is present when the person is born; or (d) a prescribed student assisting a medical practitioner mentioned in paragraph (a) or a registered health practitioner mentioned in paragraph (b) under section 7(3) who is present when the person is born.