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This is a Bill, not an Act. For current law, see the Acts databases.
MEDICAL SERVICES AMENDMENT BILL 2006
Serial 70
Medical Services
Amendment Bill 2006
Dr
Toyne
AN ACT
to
amend the Medical Services Act
NORTHERN TERRITORY OF
AUSTRALIA
MEDICAL SERVICES AMENDMENT ACT
2006
____________________
Act No. [ ] of 2006
____________________
TABLE OF PROVISIONS
Section
NORTHERN TERRITORY
OF AUSTRALIA
____________________
Act No. [ ] of 2006
____________________
AN ACT
[Assented to [ ]
2006]
[Second reading [ ]
2006]
The Legislative Assembly of the Northern Territory enacts
as follows:
Short title
This Act may be cited as the Medical Services Amendment
Act 2006.
Commencement
This Act commences on the day on which, but immediately
after, the Criminal Reform Amendment Act (No. 2) 2006
commences.
Act
amended
This Act amends the Medical Services
Act.
New
section 11
After section 10
insert
11. Medical termination of
pregnancy
(1) It is lawful for a medical practitioner to give medical
treatment with the intention of terminating a woman's pregnancy
if:
(a) after medically examining her, the practitioner
reasonably believes she has been pregnant for not more than 14 weeks;
and
(b) after medically examining her, the practitioner and
another medical practitioner are of the opinion, formed in good
faith:
(i) the continuance of the pregnancy would involve greater
risk to her life or greater risk of harm to her physical or mental health than
if the pregnancy were terminated; or
(ii) there is a substantial risk that, if the pregnancy were
not terminated and the child were born, the child would be seriously handicapped
because of physical or mental abnormalities; and
(c) the treatment is given in a hospital;
and
(d) when giving the treatment, the practitioner reasonably
believes she has been pregnant for not more than 14 weeks; and
(e) the appropriate person consents to the giving of the
treatment.
(2) At least one of the medical practitioners required to
form an opinion mentioned in subsection (1)(b)(i) or (ii) must be a
gynaecologist or obstetrician unless it is not reasonably practicable in the
circumstances to get a gynaecologist or obstetrician to examine the
woman.
(3) It is lawful for a medical practitioner to give medical
treatment with the intention of terminating a woman's pregnancy
if:
(a) after medically examining her, the
practitioner:
(i) reasonably believes she has been pregnant for not more
than 23 weeks; and
(ii) is of the opinion termination of the pregnancy is
immediately necessary to prevent serious harm to her physical or mental health;
and
(b) when giving the treatment, the practitioner reasonably
believes she has been pregnant for not more than 23 weeks; and
(c) the appropriate person consents to the giving of the
treatment.
(4) It is lawful for a medical practitioner to give medical
treatment with the intention of terminating a woman's pregnancy
if:
(a) the treatment is given or carried out in good faith for
the sole purpose of preserving her life; and
(b) the appropriate person consents to the giving of the
treatment.
(5) The appropriate person for giving consent to medical
treatment under subsection (1), (3) or (4) is:
(a) the woman if she:
(i) is at least 16 years of age; and
(ii) is otherwise capable in law of giving the consent;
or
(b) each person having authority in law apart from this
subsection to give the consent if the woman:
(i) is under 16 years of age; or
(ii) is otherwise incapable in law of giving the
consent.
(6) A person is not under any duty to terminate or assist
in terminating a woman's pregnancy, or to dispose of or assist in disposing of
an aborted foetus, if the person has a conscientious objection to doing
so.
(7) This section does not relieve a medical practitioner,
in giving medical treatment with the intention of terminating a woman's
pregnancy, from liability to give the treatment:
(a) with professional care; and
(b) otherwise according to law.
(8) In this section:
"medical treatment" includes surgery;
"woman" includes any female.
____________________________
__________________
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