Reproductive Health (Access to Terminations) Act 2013

Reproductive Health (Access to Terminations) Act 2013

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.

3.   Interpretation

(1)  In this Act, unless the contrary intention appears –

midwife means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the midwifery profession;

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 –

(d) the supply or procurement of any thing for the purpose of discontinuing a pregnancy; or

(e) the administration of a drug or a combination of drugs for the purpose of discontinuing a pregnancy by a nurse or midwife acting under the direction of a medical practitioner;

woman means a female person of any age.

(2)  A note in the text of this Act does not form part of this Act.

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 physical, 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 or midwife 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.

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;

health service means a health service which provides advice, information or counselling on the full range of pregnancy options.

(2)  Subject to subsection (3) , if a woman seeks a termination or advice regarding the full range of pregnancy options from a medical practitioner and the practitioner has a conscientious objection to terminations, the practitioner must, on becoming aware that the woman is seeking a termination or advice regarding the full range of pregnancy options, provide the woman with a list of prescribed health services from which the woman may seek advice, information or counselling on the full range of pregnancy options.

(3)  Subsection (2) does not apply to a medical practitioner who has a duty set out in section 6(3) .

(4)  Nothing in this section prevents a medical practitioner from continuing to provide treatment, advice or counselling, in respect of matters other than a termination or advice regarding the full range of pregnancy options, to a woman who the medical practitioner has provided a list of prescribed health services from which the woman may seek advice, information or counselling on the full range of pregnancy options.

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;

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) intentionally 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 75 penalty units or imprisonment for a term not exceeding 12 months, or both.

(3)  A person is not guilty of engaging in prohibited behaviour within an access zone by intentionally recording, by any means, a person accessing or attempting to access premises at which terminations are provided without that person's consent if, at the time of making the recording –

(a) the first-mentioned person is a law enforcement officer acting in the course of his or her duties as such an officer; and

(b) his or her conduct is reasonable in the circumstances for the performance of those duties.

(4)  A person must not publish or distribute a recording of another person accessing or attempting to access premises at which terminations are provided without that other person's consent.

Penalty:  Fine not exceeding 75 penalty units or imprisonment for a term not exceeding 12 months, or both.

(5)  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 (4)  –

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.

(6)  If a person is convicted or found guilty of an offence under subsection (2) or (4) , any item seized under subsection (5) 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 .

(7)  If a police officer reasonably believes a person is committing or has committed an offence under subsection (2) or (4) , the police officer may require that person to state his or her name and the address of his or her place of abode.

(8)  A person must not fail or refuse to comply with a requirement under subsection (7) or, in response to such a requirement, state a name or address that is false.

Penalty:  Fine not exceeding 2 penalty units.

(9)  A police officer making a requirement under subsection (7) 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 24 months after the date on which an offence is alleged to have been committed.

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.

(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.

PART 3 - Criminal Code Act 1924 Amended

PART 4 - Guardianship and Administration Act 1995 Amended

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.