Victorian Consolidated Legislation

Abortion Law Reform Act 2008 - SECT 8

Obligations of registered health practitioner who has conscientious objection

8. Obligations of registered health practitioner who has conscientious
objection



(1) If a woman requests a registered health practitioner to advise on a
proposed abortion, or to perform, direct, authorise or supervise an abortion
for that woman, and the practitioner has a conscientious objection to
abortion, the practitioner must-

   (a)  inform the woman that the practitioner has a conscientious objection
        to abortion; and

   (b)  refer the woman to another registered health practitioner in the same
        regulated health profession who the practitioner knows does not have a
        conscientious objection to abortion.

(2) Subsection (1) does not apply to a practitioner who is under a duty set
out in subsection (3) or (4).

(3) Despite any conscientious objection to abortion, a registered medical
practitioner is under a duty to perform an abortion in an emergency where the
abortion is necessary to preserve the life of the pregnant woman.

(4) Despite any conscientious objection to abortion, a registered nurse is
under a duty to assist a registered medical practitioner in performing an
abortion in an emergency where the abortion is necessary to preserve the life
of the pregnant woman.

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ENDNOTES

1. General Information
Minister's second reading speech-
Legislative Assembly: 19 August 2008
Legislative Council: 12 September 2008
The long title for the Bill for this Act was "A Bill for an Act to reform the
law relating to abortion, to amend the Crimes Act 1958 and for other
purposes." The Abortion Law Reform Act 2008 was assented to on 22 October 2008
and came into operation on 23 October 2008: section 2. 2. Table of Amendments
This Version incorporates amendments made to the Abortion Law Reform Act 2008
by Acts and subordinate instruments.
-------------------------------------------------------------
Abortion Law Reform Act 2008, No. 58/2008 Assent Date: 22.10.08 Commencement
Date: S. 12 on 22.10.09: s. 12 Current State: This information relates only to
the provision/s amending the Abortion Law Reform Act 2008
------------------------------------------------------------- 3. Explanatory
Details No entries at date of publication.

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Part 1-Preliminary



Abortion Law Reform Act 2008 No. 58 of 2008