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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Reproductive Health Care Reform Bill 2019
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Purposes 2
4 Definitions 2
Part 2 Performance of terminations by registered health practitioners
5 Termination by medical practitioners at not more than 22 weeks 3
6 Termination by medical practitioner after 22 weeks 3
7 Requirement for information about counselling 4
8 Registered health practitioners who may assist 4
9 Registered health practitioner with conscientious objection 4
10 Professional conduct or performance 5
11 Care of person born after termination 6
Part 3 Protection from criminal responsibility
12 Person does not commit offence for termination on themselves 7
Part 4 Miscellaneous
13 Approval of health facilities for terminations after 22 weeks 8
14 Guidelines about performance of terminations 8
Reproductive Health Care Reform Bill 2019 [NSW]
Contents
Page
15 Medical practitioners to provide information about terminations 8
16 Terminations for sex selection 8
17 Review of Act 9
18 Regulations 9
Schedule 1 Dictionary 10
Schedule 2 Amendment of Acts 11
Page 2
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2019
New South Wales
Reproductive Health Care Reform Bill 2019
Act No , 2019
An Act about reforming the law relating to terminations of pregnancies and regulating the conduct
of health practitioners in relation to terminations.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Reproductive Health Care Reform Bill 2019 [NSW]
Part 1 Preliminary
The Legislature of New South Wales enacts--
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.
Page 2
Reproductive Health Care Reform Bill 2019 [NSW]
Part 2 Performance of terminations by registered health practitioners
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.
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Reproductive Health Care Reform Bill 2019 [NSW]
Part 2 Performance of terminations by registered health practitioners
(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.
Note. This section is intended to reflect the common law position on terminations at the time
this Act was enacted, subject to the purposes and requirements of this Act.
7 Requirement for information about counselling
(1) Before performing a termination on a person under section 5, a medical practitioner
must--
(a) assess whether or not it would be beneficial to discuss with the person
accessing counselling about the proposed termination, and
(b) if, in the medical practitioner's assessment, it would be beneficial and the
person is interested in accessing counselling, provide all necessary
information to the person about access to counselling, including
publicly-funded counselling.
(2) Before performing a termination on a person under section 6, a specialist medical
practitioner must provide all necessary information to the person about access to
counselling, including publicly-funded counselling.
(3) A medical practitioner may, in an emergency, perform a termination on a person
without complying with subsection (1) or (2).
8 Registered health practitioners who may assist
(1) A person who is a medical practitioner, nurse, midwife, pharmacist or Aboriginal and
Torres Strait Islander health practitioner, or another registered health practitioner
prescribed by the regulations, may, in the practice of the person's health profession,
assist in the performance of a termination on a person by a medical practitioner.
(2) However, subsection (1) does not apply in relation to a termination that the assisting
registered health practitioner knows, or ought reasonably to know, is being
performed other than as authorised under section 5 or 6.
(3) A reference in this section to assisting in the performance of a termination includes
dispensing, supplying or administering a termination drug on the instruction of the
medical practitioner.
9 Registered health practitioner with conscientious objection
(1) This section applies if--
(a) a person (the first person) asks a registered health practitioner to--
(i) perform a termination on another person, or
(ii) assist in the performance of a termination on another person, or
(iii) make a decision under section 6 whether a termination on another
person should be performed, or
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Reproductive Health Care Reform Bill 2019 [NSW]
Part 2 Performance of terminations by registered health practitioners
(iv) advise the first person about the performance of a termination on
another person, and
(b) the practitioner has a conscientious objection to the performance of the
termination.
(2) The registered health practitioner must, as soon as practicable after the first person
makes the request, disclose the practitioner's conscientious objection to the first
person.
(3) If the request by a person is for the registered health practitioner (the first
practitioner) to perform a termination on the person, or to advise the person about
the performance of a termination on the person, the practitioner must, without
delay--
(a) give information to the person on how to locate or contact a medical
practitioner who, in the first practitioner's reasonable belief, does not have a
conscientious objection to the performance of the termination, or
(b) transfer the person's care to--
(i) another registered health practitioner who, in the first practitioner's
reasonable belief, can provide the requested service and does not have
a conscientious objection to the performance of the termination, or
(ii) a health service provider at which, in the first practitioner's reasonable
belief, the requested service can be provided by another registered
health practitioner who does not have a conscientious objection to the
performance of the termination.
(4) For the purposes of subsection (3)(a), the first practitioner is taken to have complied
with the practitioner's obligations under that paragraph if the practitioner gives the
person information approved by the Secretary of the Ministry of Health for the
purposes of that paragraph.
Note. The information to be approved by the Secretary is to consist of contact details for a
NSW Government service that provides information about a range of health services and
resources, including information about medical practitioners who do not have a conscientious
objection to the performance of terminations.
(5) This section does not limit any duty owed by a registered health practitioner to
provide a service in an emergency.
10 Professional conduct or performance
(1) In considering a matter under an Act about a registered health practitioner's
professional conduct or performance, regard may be had to whether the
practitioner--
(a) performs a termination on a person other than as authorised under section 5 or
6, or
(b) assists in the termination on a person other than as authorised under section 8,
or
(c) contravenes section 9.
(2) The matters to which subsection (1) applies include matters arising in--
(a) a notification under the Health Practitioner Regulation National Law (NSW),
or
(b) a complaint under the Health Care Complaints Act 1993.
(3) This Act does not limit any duty a registered health practitioner has to comply with
professional standards or guidelines that apply to health practitioners.
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Reproductive Health Care Reform Bill 2019 [NSW]
Part 2 Performance of terminations by registered health practitioners
11 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 the medical practitioner who performed the termination,
or any other registered health practitioner present at the time the person is born, from
exercising any duty to provide the person with medical care and treatment that is--
(a) clinically safe, and
(b) appropriate to the person's medical condition.
Note. See section 10(3), which provides that this Act does not limit a duty a registered health
practitioner has to comply with professional standards or guidelines. See also section 14,
which provides that the Secretary of the Ministry of Health may issue guidelines about the
performance of terminations at approved health facilities and requires registered health
practitioners performing terminations, or assisting in the performance of terminations, to act in
accordance with the guidelines.
(3) To avoid doubt, 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.
Page 6
Reproductive Health Care Reform Bill 2019 [NSW]
Part 3 Protection from criminal responsibility
Part 3 Protection from criminal responsibility
12 Person does not commit offence for termination on themselves
Despite any other Act, a person who consents to, assists in, or performs a termination
on themselves does not commit an offence.
Page 7
Reproductive Health Care Reform Bill 2019 [NSW]
Part 4 Miscellaneous
Part 4 Miscellaneous
13 Approval of health facilities for terminations after 22 weeks
The Secretary of the Ministry of Health may approve a hospital, or other facility the
Secretary considers appropriate, as a facility at which terminations may be performed
on persons who are more than 22 weeks pregnant.
14 Guidelines about performance of terminations
(1) The Secretary of the Ministry of Health may issue guidelines about the performance
of terminations.
(2) Without limiting subsection (1), the guidelines may include information about
matters relevant to the role of multi-disciplinary teams and hospital advisory
committees in relation to the performance of terminations, including the following--
(a) the operation of multi-disciplinary teams or hospital advisory committees,
(b) the assistance a multi-disciplinary team or hospital advisory committee may
provide about a termination to a medical practitioner.
(3) If the Secretary issues guidelines under subsection (1), a registered health
practitioner performing a termination, or assisting in the performance of a
termination, must perform the termination in accordance with the guidelines.
15 Medical practitioners to provide information about terminations
(1) A medical practitioner who performs a termination must, within 28 days after
performing the termination, give the Secretary of the Ministry of Health the
information about the termination decided by the Secretary.
(2) The information must be given in the way decided by the Secretary including, for
example, by using a form approved by the Secretary for the purposes of subsection
(1).
(3) Information provided by a medical practitioner to the Secretary under this section
must not include any particulars which would allow a person on whom a termination
was performed to be identified.
16 Terminations for sex selection
(1) This Parliament opposes the performance of terminations for the purpose of sex
selection.
(2) The Secretary of the Ministry of Health must, within 12 months after the
commencement of this section--
(a) conduct a review of the issue of whether or not terminations are being
performed for the purpose of sex selection, and
(b) prepare, and give to the Minister, a report about the review.
(3) The report must include recommendations about how to prevent terminations being
performed for the purpose of sex selection.
(4) The Minister must provide the report to the Presiding Officer of each House of
Parliament.
(5) A copy of a report provided to the Presiding Officer of a House of Parliament under
subsection (4) must be laid before that House within 5 sitting days of that House after
it is received by the Presiding Officer.
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Reproductive Health Care Reform Bill 2019 [NSW]
Part 4 Miscellaneous
(6) To avoid any doubt, the guidelines that may be issued under section 14 may include
guidelines, about the performance of terminations, that prevent terminations being
performed for the purpose of sex selection.
17 Review of Act
(1) The Minister must, within 5 years after the commencement of this section--
(a) conduct a review of the operation of this Act, and
(b) provide the report to the Presiding Officer of each House of Parliament.
(2) A copy of a report provided to the Presiding Officer of a House of Parliament under
subsection (1) must be laid before that House within 5 sitting days of that House after
it is received by the Presiding Officer.
18 Regulations
The Governor may make regulations, not inconsistent with this Act, for or with
respect to any matter that by this Act is required or permitted to be prescribed or that
is necessary or convenient to be prescribed for carrying out or giving effect to this
Act.
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Reproductive Health Care Reform Bill 2019 [NSW]
Schedule 1 Dictionary
Schedule 1 Dictionary
section 4
Aboriginal and Torres Strait Islander health practitioner means a person registered under the
Health Practitioner Regulation National Law to practise in the Aboriginal and Torres Strait
Islander health practice profession, other than as a student.
approved health facility means a hospital or other facility approved under section 13.
hospital advisory committee means a committee established by--
(a) a statutory health organisation, within the meaning of the Health Services Act 1997, or
(b) an approved health facility.
informed consent, in relation to a termination performed by a medical practitioner, means consent
to the termination given--
(a) freely and voluntarily, and
(b) in accordance with any guidelines applicable to the medical practitioner in relation to the
performance of the termination.
medical practitioner means a person registered under the Health Practitioner Regulation National
aw to practise in the medical profession, other than as a student.
midwife means a person registered under the Health Practitioner Regulation National Law to
practise in the midwifery profession, other than as a student.
multi-disciplinary team means a group of registered health practitioners and other health
professionals, from diverse fields of practice, who work together in a coordinated way to deliver
comprehensive care to a patient in a way that addresses as many of the patient's needs as
practicable.
nurse means a person registered under the Health Practitioner Regulation National Law to
practise in the nursing profession, other than as a student.
pharmacist means a person registered under the Health Practitioner Regulation National Law to
practise in the pharmacy profession, other than as a student.
registered health practitioner means a person registered under the Health Practitioner Regulation
National Law to practise a health profession, other than as a student.
specialist medical practitioner, in relation to the performance of a termination, means--
(a) a medical practitioner who, under the Health Practitioner Regulation National Law, holds
specialist registration in obstetrics and gynaecology, or
(b) a medical practitioner who has other expertise that is relevant to the performance of the
termination, including, for example, a general practitioner who has additional experience or
qualifications in obstetrics.
termination means an intentional termination of a pregnancy in any way, including, for example,
by--
(a) administering a drug, or
(b) using an instrument or other thing.
termination drug means a drug of a kind used to cause a termination.
Page 10
Reproductive Health Care Reform Bill 2019 [NSW]
Schedule 2 Amendment of Acts
Schedule 2 Amendment of Acts
2.1 Crimes Act 1900 No 40
[1] Section 4 Definitions
Insert 'or a termination of a pregnancy in accordance with the Abortion Law Reform Act
2019' after 'medical procedure' in paragraph (a) of the definition of grievous bodily harm
in section 4(1).
[2] Part 3, Division 12
Omit the Division. Insert instead--
Division 12 Termination of pregnancies by unqualified persons
82 Termination of pregnancy performed by unqualified person
(1) An unqualified person who performs a termination on another person commits
an offence.
Maximum penalty--7 years imprisonment.
(2) An unqualified person who assists in the performance of a termination on
another person commits an offence.
Maximum penalty--7 years imprisonment.
(3) A reference in subsection (2) to assisting in the performance of a termination
includes--
(a) supplying, or procuring the supply of, a termination drug for use in a
termination, and
(b) administering a termination drug.
Note. Section 12 of the Abortion Law Reform Act 2019 provides that a person who
consents to, assists in, or performs a termination on themselves does not commit an
offence.
(4) Proceedings for an offence under this section may only be instituted by, or
with the approval of, the Director of Public Prosecutions.
(5) In this section--
medical practitioner means a person registered under the Health Practitioner
Regulation National Law to practise in the medical profession, other than as a
student.
perform includes attempt to perform.
termination means an intentional termination of a pregnancy in any way,
including, for example, by--
(a) administering a drug, or
(b) using an instrument or other thing.
unqualified person means--
(a) in relation to performing a termination on another person--a person
who is not a medical practitioner, or
(b) in relation to assisting in the performance of a termination on another
person--a person who is not authorised under section 8 of the Abortion
Law Reform Act 2019 to assist in the performance of the termination.
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Reproductive Health Care Reform Bill 2019 [NSW]
Schedule 2 Amendment of Acts
[3] Section 428B Offences of specific intent to which Part applies
Omit the entries relating to sections 82 and 83 in the Table.
[4] Section 545B Intimidation or annoyance by violence or otherwise
Insert after section 545B(1)--
(1A) To avoid any doubt, for the purposes of subsection (1)--
(a) a person who uses intimidation to coerce a person to have a termination
performed, including for the purposes of sex selection, is taken to have
used intimidation to compel the person to have the termination, and
(b) a person who uses intimidation to coerce a person to not have a
termination performed is taken to have used intimidation to prevent the
person having the termination.
[5] Schedule 3 Abolished common law offences and rules
Insert after clause 7--
8 Abortion
Any rule of common law that creates an offence in relation to procuring a
person's miscarriage is abolished.
2.2 Criminal Procedure Act 1986 No 209
Schedule 1 Indictable offences triable summarily
Omit '82, 83, 84,' from clause 2 of Table 1.
Page 12
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