Chapter 19 – Legal Considerations in Reproductive and Sexual Health


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 ... Buy now

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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