Appendix A – The law on abortion
State
Legislation
Legal position
NSW
The Abortion Law Reform Act 2019
Abortion was decriminalised in NSW in 2019. The new legislation allows abortion by medical practitioners up to 22 weeks. Terminations can be performed after 22 weeks gestation however, where not performed in an emergency, they should be by a specialist medical practitioner in a facility approved by the Health Secretary. There are additional conditions to this including ensuring there are sufficient grounds for the abortion (including consideration of relevant medical circumstances, current and future physical, psychological and social circumstances), the consultation of a second specialist medical practitioner who agrees, and the offering of counselling. A registered health practitioner with conscientious objection must disclose the objection to the person and refer on to a practitioner or service who does not have a conscientious objection. NSW Parliament has opposed the performance of termination of pregnancy for the sole purpose of sex selection. To comply with Abortion Reform Act 2019, the “Notification of termination of pregnancy” form should be submitted to NSW Health within 28 days of the abortion.
ACT
Medical Practitioners (Maternal Health) Amendment Act 2002; Health (Patient Privacy) Amendment Bill 2015; Health (Improving Abortion Access) Amendment Bill 2018
In 2002 abortion was decriminalised and there are no pregnancy gestational limits. The ...
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Appendix B – Legislation for age of consent to sexual activity
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Appendix C – Child protection agencies and reporting requirements
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Appendix D – Guardianship legislation, authority and relevant websites for information on consent to medical treatment
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2.
NSW Health. Health Care Records – Documentation and Management. NSW Government; 2012.
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5.
Fischer C, Waling A, Kerr L, Bellamy R, Ezer P, Mikolajczak G, et al. 6th National Survey of Australian Secondary Students and Sexual Health 2018. Bundoora: Australian Research Centre in Sex, Health & Society; 2019.
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9.
NSW Health. Child wellbeing and child protection policies and procedures manual for NSW Health. NSW Government; 2013. Report No.: PD2013_007.
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10.
Morgan S. Starting off in general practice: consultation skill tips for new GP registrar. Australian Family Physician (RACGP). 2014;43(9):645.
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11.
Bird S. Consent to medical treatment: the mature minor. Aust Fam Physician. 2011;40(3):159-60.
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12.
National Society for the Prevention of Cruelty to Children (NSPCC). Gillick competency and Fraser Guidelines [internet]. NSPCC learning. Available from:https://learning.nspcc.org.uk/research-resources/briefings/gillick-competency-and-fraser-guidelines/.
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13.
Goldenring J, Cohen E. Getting into adolescent heads Contemporary Pediatrics 1988;5:75-90.
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14.
NSW Health. Consent to Medical Treatment – Patient Information. NSW Government; 2005 Jan 27 [updated 2017 June 30]. Contract No.: PD2005_406.
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15.
Stewart C, Kerridge I, Parker M. The Australian Medico-Legal. Marrickville, NSW: Church Livingstone, Elsevier; 2008.
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18.
NSW Kids and Families. Youth Health Resource Kit: An Essential Guide for Workers. Sydney: NSW Kids and Families; 2014.
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28.
Family Planning NSW. Love and Kisses. Taking action on the reproductive and sexual health and rights of people with disability: Family Planning NSW; 2014.
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29.
Family Planning NSW. Sex and the Law: a guide for health and community workers in New South Wales. 2nd ed. Sydney, NSW: UNSW Press; 2006.
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30.
Australian Guardianship and Administration Council (AGAC). Protocol for Special Medical Procedures (Sterilisation). [Internet]. AGAC; 2009 May 6. Available from: https://www.agac.org.au/agac-publications.
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31.
Kerridge I, Lowe M, Stewart C. Ethics and Law for the Health professions. 4th ed. Sydney, NSW: Federation Press; 2013.
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33.
de Costa C, Douglas H, Hamblin J, Ramsay P, Shircore M. Abortion law across Australia: a review of nine jurisdictions. Aust N Z J Obstet Gynaecol 2015;55(2):105-11.
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