| Termination of Pregnancy Act 2018 | |
|---|---|
 | |
| Parliament of Queensland | |
| |
| Citation | Act No. 23 of 2018 |
| Royal assent | 19 December 2013 |
| Commenced | 12 February 2014 |
| Legislative history | |
| Bill citation | Bill 24 of 2013 |
| Introduced by | Yvette D'Ath MP, Attorney-General |
| First reading | 22 August 2018 |
| Second reading | 22 August 2018 |
| Third reading | 17 October 2018 |
| Status: Current legislation | |
The Termination of Pregnancy Act 2018 is an act of the Parliament of Queensland relating to the provision of abortion.
Abortion in Queensland remained largely unchanged from the Offences Against the Person Act 1861 until the passage of the act. [1]
The legislation allows for abortion up to 22 weeks' gestation. [2]
The legislation also provides safe access zones of 150 metres around abortion clinics. [2] [3]
There are no explicit references to "abortion" in the legislation - only "termination". [4]
The Act repeals sections 224, 225 and 226 of the Criminal Code, removing the old criminal penalties for those performing, attempting or assisting in an abortion. [5] These are replaced with criminal penalties for an unqualified person who performs an abortion, who faces up to seven years imprisonment. [5] The Act makes it clear that a woman aborting her own pregnancy does not face any criminal liability. [5]
Under the Act, a registered medical practitioner may perform an abortion on request in the first 22 weeks of pregnancy. [2] A more advanced pregnancy may be terminated only after a second registered medical practitioner has been consulted and agrees that the abortion should be performed having regard to all medical circumstances; the woman's current and future physical, mental and social circumstances; and any relevant professional abortion standards and guidelines. [5] There is an exception allowing a post-22 week pregnancy to be aborted if the woman's life is at risk, or in the case of a multiple pregnancy, another unborn child's life. [5] A health practitioner who fails to comply with the requirements may face professional disciplinary action from the relevant professional regulator rather than criminal proceedings. [5]
The Act does not require a medical practitioner to perform an abortion where this conflicts with their personal beliefs or values. Such a person is required to disclose their objection to the woman seeking an abortion and must transfer or refer her to an abortion provider who will perform it. [6] Conscientious objection does not limit the duties arising in an emergency. [5]
The law makes it an offence to undertake "prohibited conduct" within 150 metres of an abortion provider, which includes any visible or audible communication about abortion regardless of whether it is seen or heard by people entering or leaving the premises. [5] People are also prohibited from making recordings of people entering or leaving an abortion provider's premises. The maximum penalty is 20 penalty units or one year imprisonment. [5]
In 2024, the Premier David Crisafulli, tabled a motion banning bills or debate on abortion laws, including amendments to the Termination of Pregnancy Act 2018. [7] Katter's Australian Party had pledged to introduce a bill to repeal Queensland's the act after the 2024 election. [8]