2018
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Caroline Le Couteur)
Health (Improving Abortion Access) Amendment Bill 2018

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Part 6 heading	2
	5	Division 6.1	2
	6	Definitions—div 6.2
Section 85 (1), definition of approved medical facility	5
	7	Section 85 (1), definition of prohibited behaviour, paragraphs (a) (ii) and (b) (ii) (B)	6
	8	Section 85 (1), definition of prohibited behaviour, paragraph (c)	6
	9	Prohibited behaviour in or in relation to protected area
Section 87 (2) (b)	6
	10	Review of decisions
New section 130 (2)	6
	11	Pt 10 obligations—no contracting out
Section 131	7
	12	New part 23	7
	13	Dictionary, note 2	8
	14	Dictionary, definition of abortion	8
	15	Dictionary, definition of approved medical facility	8
	16	Dictionary, new definitions	8

2018
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Caroline Le Couteur)
Health (Improving Abortion Access) Amendment Bill 2018

A Bill for
An Act to amend the Health Act 1993

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Health (Improving Abortion Access) Amendment Act 2018.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Health Act 1993.
4	Part 6 heading
substitute
Part 6	Terminations
5	Division 6.1
substitute
Division 6.1	Terminations—generally
80	Definitions—pt 6
	(1)	In this part:
approved medical facility means a medical facility approved under section 84. 
termination means a medical or surgical termination.
	(2)	In this division: 
medical termination means the supply or administration of a termination drug.
surgical termination means a surgical procedure or any other procedure or act (other than the administration or supply of a termination drug) that causes a pregnancy to end prematurely.
termination drug means a drug or substance that causes a pregnancy to end prematurely.
81	Offence—unauthorised supply or administration of termination drug  
	(1)	A person commits an offence if—
	(a)	the person supplies or administers a termination drug to another person; and
	(b)	the termination drug is supplied or administered by the person for the purpose of ending a pregnancy; and
	(c)	the person is not a doctor or nurse practitioner.
Maximum penalty:  imprisonment for 5 years.
	(2)	Subsection (1) does not apply to—
	(a)	a pharmacist supplying a termination drug in accordance with a prescription; or 
	(b)	a person assisting a pharmacist in supplying a termination drug in accordance with a prescription.
	(3)	For this section, it does not matter whether or not—
	(a)	the other person was pregnant; or
	(b)	the termination drug supplied or administered was sufficient to end a pregnancy.
	(4)	In this section:
prescription—see the Medicines, Poisons and Therapeutic Goods Act 2008, dictionary.
82	Offence—unauthorised surgical termination 
	(1)	A person commits an offence if the person—
	(a)	carries out a surgical termination; and
	(b)	is not a doctor.
Maximum penalty:  imprisonment for 5 years.
	(2)	Subsection (1) does not apply to a person assisting a doctor to carry out a surgical termination.
83	Surgical termination to be carried out in approved medical facility
A person commits an offence if the person carries out a surgical termination other than in an approved medical facility.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
84	Approval of facilities
	(1)	A person may apply to the Minister to have a medical facility, or a part of a medical facility, approved to carry out surgical terminations.
	(2)	The Minister must approve the application if reasonably satisfied the medical facility is suitable.
	(3)	An approval is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
84A	Conscientious objection
	(1)	Subject to subsection (2), an authorised person may refuse to supply or administer a termination drug, or carry out or assist in carrying out a surgical termination, on religious or other conscientious grounds (a conscientious objection).
	(2)	An authorised person must not refuse, only because of a conscientious objection, to carry out, or assist in carrying out, a surgical termination in an emergency where a termination is necessary to preserve the life of the pregnant person.
	(3)	There is no breach of duty (by contract or by statutory or other legal requirement) or contravention of a territory law if an authorised person refuses to supply or administer a termination drug, or carry out or assist in carrying out a surgical termination, because of a conscientious objection.
	(4)	However, if an authorised person refuses to supply or administer a termination drug, or carry out or assist in carrying out a surgical termination because of a conscientious objection, the authorised person must tell a person requesting the drug or termination that the authorised person refuses because of the objection.
	(5)	In this section:
authorised person means a doctor or nurse.
6	Definitions—div 6.2
Section 85 (1), definition of approved medical facility
omit
7	Section 85 (1), definition of prohibited behaviour, paragraphs (a) (ii) and (b) (ii) (B)
omit
an abortion
substitute
a termination
8	Section 85 (1), definition of prohibited behaviour, paragraph (c)
omit
abortions
substitute
terminations
9	Prohibited behaviour in or in relation to protected area
Section 87 (2) (b)
omit
an abortion
substitute
a termination
10	Review of decisions
New section 130 (2)
insert
	(2)	An applicant under section 84 may apply to the ACAT for review of a decision of the Minister to refuse approval of a medical facility, or a part of a medical facility, to carry out surgical terminations.
11	Pt 10 obligations—no contracting out
Section 131
before
this part
insert
for section 130
12	New part 23
insert
Part 23	Transitional—Health (Improving Abortion Access) Amendment Act 2018
261	Meaning of commencement day—pt 23
In this part:
commencement day means the day the Health (Improving Abortion Access) Amendment Act 2018, section 3 commences.
262	Existing approvals of medical facilities
	(1)	An existing approval is taken to be an approval under section 84.
	(2)	In this section:
existing approval means an approval—
	(a)	under section 83 (Approval of facilities) as in force immediately before the commencement day; and
	(b)	in force immediately before the commencement day.
263	Expiry—pt 23
This part expires on the commencement day.
Note	Transitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
13	Dictionary, note 2
insert
·	doctor
·	Minister (see s 162)
·	notifiable instrument (see s 10)
·	nurse practitioner
·	penalty unit (see s 133)
14	Dictionary, definition of abortion
omit
15	Dictionary, definition of approved medical facility
substitute
approved medical facility, for part 6 (Terminations)—see section 80 (1). 
16	Dictionary, new definitions 
insert
medical termination, for division 6.1 (Terminations—generally)—see section 80 (2). 
surgical termination, for division 6.1 (Terminations—generally)—see section 80 (2). 
termination, for part 6 (Terminations)—see section 80 (1). 
termination drug, for division 6.1 (Terminations—generally)—see section 80 (2). 

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 21 March 2018.
2	Notification
	Notified under the Legislation Act on	2018.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2018