Termination of pregnancy legislation

Overview of the legislation

The Termination of Pregnancy Act 2018 has 2 main purposes:

• enable reasonable and safe access to termination of pregnancy (abortion)
• regulate the conduct of registered health practitioners in relation to terminations of pregnancy.

Queensland legislation supports a woman or pregnant person’s right to health, including reproductive health and autonomy. It also provides clarity and safety for health practitioners providing terminations.

The Criminal Code Act 1899 has been amended so that lawful terminations are a health issue, not a criminal offence. This applies to:

• medical practitioners performing medical and surgical terminations
• authorised nurse practitioners, endorsed midwives, midwives and registered nurses authorised to perform medical terminations using termination drugs
• prescribed practitioners and prescribed students assisting a medical practitioner, nurse practitioner or endorsed midwife to perform authorised terminations.

Who can perform a lawful termination of pregnancy

At or less than 63 days or 9 weeks gestation (the gestational limit recommended for the use of MS-2 Step termination drugs, by the Therapeutic Goods Administration):

• medical practitioners can perform either medical or surgical terminations
• nurse practitioners and endorsed midwives can perform a medical termination, by prescribing or administering or giving a treatment dose of a termination drug
• midwives and registered nurses can perform a medical termination, by administering or giving a treatment dose of a termination drug.

Nurse practitioners, endorsed midwives, midwives and registered nurses must be authorised under the Medicines and Poisons Act 2019 and Medicines and Poisons (Medicines) Regulation 2021 to perform a termination of pregnancy. Midwives and registered nurses must practice in accordance with their respective Extended Practice Authority.

At or less than 22+0 weeks gestation medical practitioners can perform either a medical or surgical termination.

At or after 22+1 weeks gestation:

• two medical practitioners must consider all the circumstances, and both agree that a termination should be done
• they must consider all relevant medical circumstances, the person’s current and future physical, psychological and social circumstances, as well as professional standards and guidelines.

In an emergency, a medical practitioner may perform a termination after 22 weeks gestation without talking and agreeing with another medical practitioner or considering all relevant circumstances, if they consider it’s necessary to save either the:

• pregnant person's life
• life of another unborn child.

Who can assist in performing a termination of pregnancy

Only registered health practitioners, or student health practitioners in the following health professions can assist a medical practitioner to perform a medical or surgical termination, or assist a nurse practitioner or endorsed midwife to perform a medical termination:

• medical
• nursing
• midwifery
• pharmacy
• Aboriginal and Torres Strait Islander health practice.

A woman or pregnant person can consent to, assist in, or perform a termination of their own pregnancy (e.g. by taking prescribed medication).

Conscientious objection

A conscientious objection is when a person declines to participate in a lawful process or procedure due to their personal beliefs, values, or moral concerns.

Individual health practitioners and prescribed students may have a conscientious objection to being involved in or providing advice about termination of pregnancy.

The Act recognises the right of health practitioners and prescribed students to have a conscientious objection, but seeks to balance this against the rights of women and pregnant people, particularly the right to health, including reproductive health and autonomy.

Health practitioners have obligations under the legislation that apply if they hold a conscientious objection. A health practitioner must disclose their obligation to the pregnant person and refer the pregnant person or transfer their care to another health practitioner or provider who they believe can provide the requested service and does not hold a conscientious objection.

If a prescribed student holds a conscientious objection, they must disclose their objection to a relevant person (registered health practitioner performing or assisting with the termination, or the prescribed students primary clinical supervisor).

The right to conscientiously object only applies to individual health practitioners and prescribed students. It does not include:

• health care facilities, such as hospitals
• administrative, managerial, or other tasks related to performing a termination.

In an emergency conscientious objection does not limit any duty owed by a registered health practitioner to provide or assist in performing a termination of pregnancy.

Safe access zones

Safe access zones protect the safety, privacy and dignity of pregnant people using termination services, and those who provide and assist with these services.

A safe access zone includes the premises where termination services are provided and extends to an area of 150 metres from the entrance to the premises. Interfering and intrusive conduct inside this zone is an offence.

This includes:

• any actions about terminations (or that might seem like they are) that someone else would see or hear when going in or out of the premises
• any behaviour that might deter someone from entering or leaving the premises, asking for or having a termination, or those performing or assisting with a termination
• making or sharing audio or visual recordings that identify people without their consent.

The behaviour may still be considered an offence even if no one sees, hears, or is affected by it.