{"id":"nsw:act-2019-011","name":"Abortion Law Reform Act 2019","slug":"abortion-law-reform-act-2019","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"11 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29110,"registerId":"nsw-act-2019-011-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Abortion Law Reform Act 2019](/view/html/inforce/current/act-2019-011).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on the date of assent to this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Purposes","content":"#### 3 Purposes\n\n3 Purposes\n\n> The purposes of the Act are—\n> \n> > (a) to reform the law relating to terminations of pregnancies, and\n> > \n> > Note.\n> > \n> > Consequent on the enactment of this Act amendments were made to the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) to repeal the provisions of that Act relating to abortions and to abolish the common law offences relating to abortion.\n> \n> > (b) to regulate the conduct of registered health practitioners in relation to terminations.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> The Dictionary in Schedule 1 defines particular words used in this Act.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Performance of terminations by registered health practitioners","content":"# Part 2 Performance of terminations by registered health practitioners\n\nPart 2 Performance of terminations by registered health practitioners","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Termination by prescribed health practitioners at not more than 22 weeks","content":"#### 5 Termination by prescribed health practitioners at not more than 22 weeks\n\n5 Termination by prescribed health practitioners at not more than 22 weeks\n\n> > (1) A person who is a prescribed health practitioner may perform a termination on a person who is not more than 22 weeks pregnant.\n> \n> > (2) The prescribed health practitioner may perform the termination on the person only if the prescribed health practitioner has obtained informed consent to the termination from—\n> > \n> > > (a) the person, or\n> > \n> > > (b) if the person lacks the capacity to give informed consent to the termination, a person lawfully authorised to give consent on the person’s behalf.\n> \n> > (3) However, subsection (2) does not apply if, in an emergency, it is not practicable to obtain the person’s informed consent.\n> \n> > (4) In this section—\n> > \n> > endorsed midwife means a midwife whose registration is endorsed under the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a), section 94.\n> > \n> > prescribed health practitioner means the following—\n> > \n> > > (a) a medical practitioner,\n> > \n> > > (b) an endorsed midwife,\n> > \n> > > (c) a nurse practitioner.\n> \n> > (5) Nothing in this section—\n> > \n> > > (a) permits a prescribed health practitioner to act outside the practitioner’s scope of practice, or\n> > \n> > > (b) affects a prescribed health practitioner’s obligation to practice consistently with the practitioner’s relevant professional standards, or\n> > \n> > > (c) affects the operation of the [Poisons and Therapeutic Goods Act 1966](/view/html/inforce/current/act-1966-031), the [Medicines, Poisons and Therapeutic Goods Act 2022](/view/html/inforce/current/act-2022-073) or any other law governing a prescribed health practitioner’s practice.\n> \n> **s 5:** Am 2025 No 26, Sch 1\\[1\\]–\\[3\\].","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Termination by medical practitioner after 22 weeks","content":"#### 6 Termination by medical practitioner after 22 weeks\n\n6 Termination by medical practitioner after 22 weeks\n\n> > (1) A specialist medical practitioner may perform a termination on a person who is more than 22 weeks pregnant if—\n> > \n> > > (a) the specialist medical practitioner, after considering the matters mentioned in subsection (3) and any advice received under subsection (4), considers that, in all the circumstances, there are sufficient grounds for the termination to be performed, and\n> > \n> > > (b) the specialist medical practitioner has consulted with another specialist medical practitioner who, after considering the matters mentioned in subsection (3), also considers that, in all the circumstances, there are sufficient grounds for the termination to be performed, and\n> > \n> > > (c) the specialist medical practitioner has obtained informed consent to the termination from—\n> > > \n> > > > (i) the person, or\n> > > \n> > > > (ii) if the person lacks the capacity to give informed consent to the termination, a person lawfully authorised to give consent on the person’s behalf, and\n> > \n> > > (d) the termination is performed at—\n> > > \n> > > > (i) a hospital controlled by a statutory health organisation, within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154), or\n> > > \n> > > > (ii) an approved health facility.\n> \n> > (2) To remove any doubt, subsection (1)(d) does not require that any ancillary services necessary to support the performance of a termination be carried out only at the hospital or approved health facility at which the termination is, or is to be, performed.\n> \n> > (3) In considering whether a termination should be performed on a person under this section, a specialist medical practitioner must consider—\n> > \n> > > (a) all relevant medical circumstances, and\n> > \n> > > (b) the person’s current and future physical, psychological and social circumstances, and\n> > \n> > > (c) the professional standards and guidelines that apply to the specialist medical practitioner in relation to the performance of the termination.\n> \n> > (4) Without limiting subsection (3), the specialist medical practitioner may ask for advice about the proposed termination from a multi-disciplinary team or hospital advisory committee.\n> \n> > (5) In an emergency, a medical practitioner, whether or not a specialist medical practitioner, may perform a termination on a person who is more than 22 weeks pregnant, without acting under subsections (1) and (3), if the medical practitioner considers it necessary to perform the termination to—\n> > \n> > > (a) save the person’s life, or\n> > \n> > > (b) save another foetus.\n> \n> > (6) In this section—\n> > \n> > ancillary services means—\n> > \n> > > (a) tests or other medical procedures, or\n> > \n> > > (b) the administration, prescription or supply of medication, or\n> > \n> > > (c) another treatment or service prescribed by the regulations.\n> \n> Note.\n> \n> This section is intended to reflect the common law position on terminations at the time this Act was enacted, subject to the purposes and requirements of this Act.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Requirement for information about counselling","content":"#### 7 Requirement for information about counselling\n\n7 Requirement for information about counselling\n\n> > (1) Before performing a termination on a person under section 5, a registered health practitioner must—\n> > \n> > > (a) assess whether or not it would be beneficial to discuss with the person accessing counselling about the proposed termination, and\n> > \n> > > (b) if, in the registered health practitioner’s assessment, it would be beneficial and the person is interested in accessing counselling, provide all necessary information to the person about access to counselling, including publicly-funded counselling.\n> \n> > (2) Before performing a termination on a person under section 6, a specialist medical practitioner must provide all necessary information to the person about access to counselling, including publicly-funded counselling.\n> \n> > (3) A registered health practitioner may, in an emergency, perform a termination on a person without complying with subsection (1) or (2).\n> \n> **s 7:** Am 2025 No 26, Sch 1\\[4\\] \\[5\\].","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Registered health practitioners who may assist","content":"#### 8 Registered health practitioners who may assist\n\n8 Registered health practitioners who may assist\n\n> > (1) A person who is a medical practitioner, nurse, midwife, pharmacist or Aboriginal and Torres Strait Islander health practitioner, or another registered health practitioner prescribed by the regulations, may, in the practice of the person’s health profession, assist in the performance of a termination on a person by a medical practitioner or registered health practitioner.\n> \n> > (2) However, subsection (1) does not apply in relation to a termination that the assisting registered health practitioner knows, or ought reasonably to know, is being performed other than as authorised under section 5 or 6.\n> \n> > (3) A reference in this section to assisting in the performance of a termination includes dispensing, supplying or administering a termination drug on the instruction of the medical practitioner.\n> \n> **s 8:** Am 2025 No 26, Sch 1\\[6\\].","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Registered health practitioner with conscientious objection","content":"#### 9 Registered health practitioner with conscientious objection\n\n9 Registered health practitioner with conscientious objection\n\n> > (1) This section applies if—\n> > \n> > > (a) a person (the first person) asks a registered health practitioner to—\n> > > \n> > > > (i) perform a termination on another person, or\n> > > \n> > > > (ii) assist in the performance of a termination on another person, or\n> > > \n> > > > (iii) make a decision under section 6 whether a termination on another person should be performed, or\n> > > \n> > > > (iv) advise the first person about the performance of a termination on another person, and\n> > \n> > > (b) the practitioner has a conscientious objection to the performance of the termination.\n> \n> > (2) The registered health practitioner must, as soon as practicable after the first person makes the request, disclose the practitioner’s conscientious objection to the first person.\n> \n> > (3) If the request by a person is for the registered health practitioner (the first practitioner) to perform a termination on the person, or to advise the person about the performance of a termination on the person, the practitioner must, without delay—\n> > \n> > > (a) give information to the person on how to locate or contact a medical practitioner who, in the first practitioner’s reasonable belief, does not have a conscientious objection to the performance of the termination, or\n> > \n> > > (b) transfer the person’s care to—\n> > > \n> > > > (i) another registered health practitioner who, in the first practitioner’s reasonable belief, can provide the requested service and does not have a conscientious objection to the performance of the termination, or\n> > > \n> > > > (ii) a health service provider at which, in the first practitioner’s reasonable belief, the requested service can be provided by another registered health practitioner who does not have a conscientious objection to the performance of the termination.\n> \n> > (4) For the purposes of subsection (3)(a), the first practitioner is taken to have complied with the practitioner’s obligations under that paragraph if the practitioner gives the person information approved by the Secretary of the Ministry of Health for the purposes of that paragraph.\n> > \n> > Note.\n> > \n> > The information to be approved by the Secretary is to consist of contact details for a NSW Government service that provides information about a range of health services and resources, including information about medical practitioners who do not have a conscientious objection to the performance of terminations.\n> \n> > (5) This section does not limit any duty owed by a registered health practitioner to provide a service in an emergency.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Professional conduct or performance","content":"#### 10 Professional conduct or performance\n\n10 Professional conduct or performance\n\n> > (1) In considering a matter under an Act about a registered health practitioner’s professional conduct or performance, regard may be had to whether the practitioner—\n> > \n> > > (a) performs a termination on a person other than as authorised under section 5 or 6, or\n> > \n> > > (b) assists in the termination on a person other than as authorised under section 8, or\n> > \n> > > (c) contravenes section 9.\n> \n> > (2) The matters to which subsection (1) applies include matters arising in—\n> > \n> > > (a) a notification under the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a), or\n> > \n> > > (b) a complaint under the [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105).\n> \n> > (3) This Act does not limit any duty a registered health practitioner has to comply with professional standards or guidelines that apply to health practitioners.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Care of person born after termination","content":"#### 11 Care of person born after termination\n\n11 Care of person born after termination\n\n> > (1) This section applies if a termination results in a person being born.\n> \n> > (2) Nothing in this Act prevents the medical practitioner who performed the termination, or any other registered health practitioner present at the time the person is born, from exercising any duty to provide the person with medical care and treatment that is—\n> > \n> > > (a) clinically safe, and\n> > \n> > > (b) appropriate to the person’s medical condition.\n> > \n> > Note.\n> > \n> > See section 10(3), which provides that this Act does not limit a duty a registered health practitioner has to comply with professional standards or guidelines. See also section 14, which provides that the Secretary of the Ministry of Health may issue guidelines about the performance of terminations at approved health facilities and requires registered health practitioners performing terminations, or assisting in the performance of terminations, to act in accordance with the guidelines.\n> \n> > (3) To avoid doubt, the duty owed by a registered health practitioner to provide medical care and treatment to a person born as a result of a termination is no different than the duty owed to provide medical care and treatment to a person born other than as a result of a termination.","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Protection from criminal responsibility","content":"# Part 3 Protection from criminal responsibility\n\nPart 3 Protection from criminal responsibility","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Person does not commit offence for termination on themselves","content":"#### 12 Person does not commit offence for termination on themselves\n\n12 Person does not commit offence for termination on themselves\n\n> Despite any other Act, a person who consents to, assists in, or performs a termination on themselves does not commit an offence.","sortOrder":14},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Approval of health facilities for terminations after 22 weeks","content":"#### 13 Approval of health facilities for terminations after 22 weeks\n\n13 Approval of health facilities for terminations after 22 weeks\n\n> The Secretary of the Ministry of Health may approve a hospital, or other facility the Secretary considers appropriate, as a facility at which terminations may be performed on persons who are more than 22 weeks pregnant.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Guidelines about performance of terminations","content":"#### 14 Guidelines about performance of terminations\n\n14 Guidelines about performance of terminations\n\n> > (1) The Secretary of the Ministry of Health may issue guidelines about the performance of terminations.\n> \n> > (2) Without limiting subsection (1), the guidelines may include information about matters relevant to the role of multi-disciplinary teams and hospital advisory committees in relation to the performance of terminations, including the following—\n> > \n> > > (a) the operation of multi-disciplinary teams or hospital advisory committees,\n> > \n> > > (b) the assistance a multi-disciplinary team or hospital advisory committee may provide about a termination to a registered health practitioner.\n> \n> > (3) If the Secretary issues guidelines under subsection (1), a registered health practitioner performing a termination, or assisting in the performance of a termination, must perform the termination in accordance with the guidelines.\n> \n> **s 14:** Am 2025 No 26, Sch 1\\[7\\].","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Registered health practitioners to provide information about terminations","content":"#### 15 Registered health practitioners to provide information about terminations\n\n15 Registered health practitioners to provide information about terminations\n\n> > (1) A registered health practitioner who performs a termination must, within 28 days after performing the termination, give the Secretary of the Ministry of Health the information about the termination decided by the Secretary.\n> \n> > (2) The information must be given in the way decided by the Secretary including, for example, by using a form approved by the Secretary for the purposes of subsection (1).\n> \n> > (3) Information provided by a registered health practitioner to the Secretary under this section must not include any particulars which would allow a person on whom a termination was performed to be identified.\n> \n> **s 15:** Am 2025 No 26, Sch 1\\[8\\] \\[9\\].","sortOrder":18},{"sectionNumber":"15A","sectionType":"section","heading":"Annual report to Parliament","content":"#### 15A Annual report to Parliament\n\n15A Annual report to Parliament\n\n> The Secretary of the Ministry of Health must, on or before 30 September in each year—\n> \n> > (a) prepare a report setting out the following in relation to the previous year ending on 30 June—\n> > \n> > > (i) a description of abortion service availability by region,\n> > \n> > > (ii) detailed information about access to, and waiting times for, abortion services,\n> > \n> > > (iii) information about the clinical performance of abortion service delivery, including how safely and effectively abortion services were delivered,\n> > \n> > > (iv) information about any adverse events or clinical incidents reported in connection with terminations,\n> > \n> > > (v) information about the performance of terminations in the State, by reference to region and district, and\n> \n> > (b) provide a copy of the report to the Presiding Officer of each House of Parliament for tabling in each House.\n> \n> **s 15A:** Ins 2025 No 26, Sch 1\\[10\\].","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Terminations for sex selection","content":"#### 16 Terminations for sex selection\n\n16 Terminations for sex selection\n\n> > (1) This Parliament opposes the performance of terminations for the purpose of sex selection.\n> \n> > (2) The Secretary of the Ministry of Health must, within 12 months after the commencement of this section—\n> > \n> > > (a) conduct a review of the issue of whether or not terminations are being performed for the purpose of sex selection, and\n> > \n> > > (b) prepare, and give to the Minister, a report about the review.\n> \n> > (3) The report must include recommendations about how to prevent terminations being performed for the purpose of sex selection.\n> \n> > (4) The Minister must provide the report to the Presiding Officer of each House of Parliament.\n> \n> > (5) A copy of a report provided to the Presiding Officer of a House of Parliament under subsection (4) must be laid before that House within 5 sitting days of that House after it is received by the Presiding Officer.\n> \n> > (6) To avoid any doubt, the guidelines that may be issued under section 14 may include guidelines, about the performance of terminations, that prevent terminations being performed for the purpose of sex selection.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Review of Act","content":"#### 17 Review of Act\n\n17 Review of Act\n\n> > (1) The Minister must, within 5 years after the commencement of this section—\n> > \n> > > (a) conduct a review of the operation of this Act, and\n> > \n> > > (b) provide the report to the Presiding Officer of each House of Parliament.\n> \n> > (2) A copy of a report provided to the Presiding Officer of a House of Parliament under subsection (1) must be laid before that House within 5 sitting days of that House after it is received by the Presiding Officer.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Regulations","content":"#### 18 Regulations\n\n18 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":22},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Dictionary","content":"# Schedule 1 Dictionary\n\nSchedule 1 Dictionary\n\nsection 4\n\nAboriginal and Torres Strait Islander health practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the Aboriginal and Torres Strait Islander health practice profession, other than as a student.\n\napproved health facility means a hospital or other facility approved under section 13.\n\nhospital advisory committee means a committee established by—\n\n> (a) a statutory health organisation, within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154), or\n\n> (b) an approved health facility.\n\ninformed consent, in relation to a termination performed by a registered health practitioner, means consent to the termination given—\n\n> (a) freely and voluntarily, and\n\n> (b) in accordance with any guidelines applicable to the registered health practitioner in relation to the performance of the termination.\n\nmedical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession, other than as a student.\n\nmidwife means a person registered under the Health Practitioner Regulation National Law to practise in the midwifery profession, other than as a student.\n\nmulti-disciplinary team means a group of registered health practitioners and other health professionals, from diverse fields of practice, who work together in a coordinated way to deliver comprehensive care to a patient in a way that addresses as many of the patient’s needs as practicable.\n\nnurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession, other than as a student.\n\nnurse practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession whose registration is endorsed as being qualified to practise as a nurse practitioner.\n\npharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession, other than as a student.\n\nregistered health practitioner means a person registered under the Health Practitioner Regulation National Law to practise a health profession, other than as a student.\n\nspecialist medical practitioner, in relation to the performance of a termination, means—\n\n> (a) a medical practitioner who, under the Health Practitioner Regulation National Law, holds specialist registration in obstetrics and gynaecology, or\n\n> (b) a medical practitioner who has other expertise that is relevant to the performance of the termination, including, for example, a general practitioner who has additional experience or qualifications in obstetrics.\n\ntermination means an intentional termination of a pregnancy in any way, including, for example, by—\n\n> (a) administering a drug, or\n\n> (b) using an instrument or other thing.\n\ntermination drug means a drug of a kind used to cause a termination.\n\n**sch 1:** Am 2025 No 26, Sch 1\\[11\\] \\[12\\].","sortOrder":23},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2 (Repealed)\n\n**sch 2:** Rep 1987 No 15, sec 30C.","sortOrder":24}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act appears to have achieved its stated reform purpose — decriminalising abortion in NSW and replacing criminal law provisions with a health-based framework. The 2025 amendment to the legislation (updating from the 2019 version) appears to be a minor or technical update rather than a fundamental change in scope. A proposed private member's Bill (Sex Selection Prohibition Bill 2025) seeks to narrow the scope by restricting access where the reason is sex selection, but this has not yet passed."},"complexity_factors":["Balances competing rights (patient rights vs. conscientious objection rights of medical professionals)","Two-tier framework with different rules before and after 22 weeks of pregnancy requires careful interpretation","Interaction with other legislation (previously the Crimes Act, now health law frameworks)","Definition and enforcement of 'safe access zones' involves geographic and conduct-based rules that can be fact-specific","Multi-minister responsibility (Health, Regional Health, Mental Health) suggests administrative complexity","Medical practitioners face professional obligations (mandatory referral even when objecting) that require careful navigation","Limited substantive text was provided for analysis — only metadata and status information was available, not the full legislative text — limiting certainty in the assessment"],"plain_english_summary":"## Abortion Law Reform Act 2019 (NSW)\n\n**What this law does:**\nThis is New South Wales legislation that reformed the legal framework around abortion in NSW. Prior to this Act, abortion was primarily governed by criminal law provisions dating back to the 1900s (meaning it was treated as a criminal matter rather than a health matter). This Act moved abortion out of the *Crimes Act* and into a health regulation framework.\n\n**Key changes it made:**\n- Made abortion **legal and accessible** for people up to a certain point in pregnancy (generally up to 22 weeks) without requiring special justification\n- After 22 weeks, abortions are still permitted but require approval from two doctors who consider the patient's physical, psychological, and social circumstances\n- Protects a medical practitioner's right to **conscientious objection** (the right to refuse to perform a procedure based on personal or religious beliefs) — but they must refer the patient to someone who can help\n- Created **safe access zones** (buffer zones) around abortion clinics to protect patients and staff from harassment, intimidation, or protest\n- Removed the risk of criminal prosecution for women seeking abortions and for doctors performing them within the law\n\n**Who it affects:**\n- Anyone in NSW who becomes pregnant and considers or seeks an abortion\n- Medical practitioners (doctors, nurses, midwives) who provide or are asked about abortion services\n- People who protest or demonstrate near abortion clinics\n\n**Why it matters:**\nThis was a landmark reform — NSW was one of the last Australian states to decriminalise abortion. It shifted abortion from being a criminal issue to being treated as a healthcare matter, bringing NSW in line with most other Australian states and territories.\n\n**Note:** A separate private member's Bill (the *Abortion Law Reform Amendment (Sex Selection Prohibition) Bill 2025*) has been introduced seeking to amend this Act, but it has not yet become law."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act alters the legal scope of how terminations are regulated compared with the prior criminal-law approach.  The statute expressly notes that, consequent on its enactment, provisions of the Crimes Act 1900 relating to abortions and common-law offences relating to abortion were repealed (s 3 note).  The Act also creates affirmative permissions and limits for practitioners (authorising certain practitioner types to perform terminations up to 22 weeks (s 5), limiting later-term procedures to specialist medical practitioners subject to second-opinion and facility requirements (s 6)), and removes criminal liability for self-termination (s 12).  The Act therefore changes the scope of legal exposure and regulatory authorisation for both patients and health practitioners, and replaces criminal rules with a regulatory framework of practitioner roles, administrative approvals, guidelines and professional-discipline mechanisms (s 9–15)."},"complexity_factors":["Multiple practitioner categories and role limits (medical practitioner, specialist medical practitioner, endorsed midwife, nurse practitioner, other registered practitioners) with different authorities (s 5, s 6; sch 1).","Gestational threshold creates a legal switch at 22 weeks with additional procedural safeguards and location requirements for later terminations (s 5–6).","Significant delegation of detail to administrative instruments: Secretary-issued guidelines, facility approvals, approved information/forms, and Governor-made regulations (s 13–15, s 18).","Interaction with other statutes and professional regulation frameworks (Health Practitioner Regulation National Law, Medicines Acts, Health Services Act, and references to professional conduct processes) (s 5(5), s 10, sch 1).","Obligations that affect behaviour across actors: consent/counselling requirements, conscientious-objection disclosure and referral/transfer duties, and reporting timelines (s 7, s 9, s 15).","Privacy constraint on reporting (no identifying particulars) while requiring detailed data for annual public reporting (s 15, s 15A).","Emergency exceptions that create different decision rules (s 5(3), s 7(3), s 6(5)), adding factual judgment points for practitioners."],"plain_english_summary":"What this law does, mechanically\n\n- The Act removes criminal liability for people who consent to, assist in, or perform their own termination of pregnancy (s 12).  It also changes other laws so that criminal offences and common law offences relating to abortion were repealed as a consequence of this Act (s 3 note).\n\n- It sets who may lawfully perform terminations, and when.  Up to 22 weeks’ pregnancy a “prescribed health practitioner” may perform a termination (s 5).  That term covers medical practitioners, endorsed midwives and nurse practitioners (s 5(4); sch 1).  After 22 weeks only a specialist medical practitioner may perform a termination, and then only where specified safeguards are met: the practitioner must consider all relevant medical and personal circumstances (s 6(1), (3)), obtain a second specialist’s concurrence (s 6(1)(b)), obtain informed consent (s 6(1)(c)), and perform the procedure at an approved hospital or health facility (s 6(1)(d)).  In an emergency any medical practitioner may act to save the person’s life or another foetus (s 6(5)).\n\n- The Act requires consent and counselling information.  Before a termination up to 22 weeks a registered health practitioner must assess whether counselling would be beneficial and, if so and the person is interested, provide information including about publicly funded counselling (s 7(1)).  For terminations after 22 weeks the specialist must provide counselling-access information (s 7(2)).  Emergency circumstances can excuse those steps (s 7(3)).\n\n- Other registered health practitioners (medical practitioners, nurses, midwives, pharmacists, Aboriginal and Torres Strait Islander health practitioners, and any others prescribed by regulation) may assist in performing a termination, including dispensing or administering a termination drug on instruction, so long as they do not know (or ought reasonably to know) the termination is unauthorised (s 8).\n\n- The Act sets out how conscientious objection by practitioners must be handled.  A practitioner with a conscientious objection must disclose that objection promptly (s 9(2)).  If a patient requests the practitioner perform or advise on a termination, the practitioner must promptly either give information on how to contact a practitioner who does not object, or transfer the patient’s care to another practitioner or health service provider who, in the practitioner’s reasonable belief, can provide the requested service (s 9(3)).  The practitioner may comply with part of this obligation by giving information approved by the Secretary (s 9(4)).  Emergency duties remain unaffected (s 9(5)).\n\n- Compliance and professional oversight: regulatory and complaints bodies may consider whether a practitioner acted outside the Act when assessing professional conduct or performance (s 10).  The Act does not limit other professional duties or standards (s 10(3)).\n\n- Duty of care: if a termination results in a person being born, practitioners present remain able to provide clinically safe and appropriate care (s 11).\n\n- Administrative powers and reporting: the Secretary of the Ministry of Health may approve facilities for terminations after 22 weeks (s 13) and may issue guidelines about the performance of terminations; those guidelines are binding on practitioners performing or assisting in terminations (s 14(1), (3)).  Practitioners who perform a termination must provide to the Secretary specified information within 28 days, in the form the Secretary decides, and the information must not identify the patient (s 15).  The Secretary must prepare an annual report for Parliament containing service availability, access and waiting-time information, clinical performance and adverse events, and regional performance data (s 15A).  There is a required review of whether terminations are being performed for the purpose of sex selection and recommended prevention measures (s 16).  The Minister must review the Act’s operation within five years (s 17).  The Governor may make regulations (s 18).\n\nWho this affects, and who decides\n\n- People seeking terminations: their legal exposure for self-termination is removed (s 12); their access depends on which practitioners and facilities are willing and authorised to provide services (s 5–6, s 13).\n\n- Registered health practitioners and health facilities: the Act defines who may perform and assist in terminations and imposes consent, counselling information, reporting and guideline compliance obligations (s 5–9, s 14, s 15).  Professional regulators may treat non-compliance as relevant to professional conduct or performance (s 10).\n\n- The Secretary of the Ministry of Health and the Minister: the Secretary exercises approval powers over facilities, issues binding clinical guidelines, approves information for referrals, determines reporting formats, and must produce an annual report (s 13–15A).  The Minister must commission a statutory review within five years and receive the sex-selection review (s 16–17).\n\nWho pays and administrative costs\n\n- Practitioners and health services bear implementation and compliance costs: time and record-keeping to meet reporting obligations (s 15), processes for counselling assessment and information provision (s 7), second-opinion and multidisciplinary consultation requirements for later-term procedures (s 6), and potential transfers or referrals where practitioners conscientiously object (s 9).  The Secretary/Ministry must resource facility approvals, guideline drafting and ongoing data collection and reporting (s 13–15A).  The Act requires the Secretary’s annual report to Parliament (s 15A), which carries administrative and analytical costs for the health department.\n\nIncentives, trade-offs and practical effects to watch (mechanisms, not judgments)\n\n- Task-shifting and provider mix: by authorising endorsed midwives and nurse practitioners to perform terminations up to 22 weeks (s 5(4)), the Act creates a mechanism for those professions to deliver services that previously may have been provided mainly by medical practitioners.  That can alter where and by whom services are available.\n\n- Service availability vs facility requirements: after 22 weeks the requirement that terminations be done at a statutory hospital or approved health facility (s 6(1)(d)) places a location constraint that may limit which providers or sites can lawfully provide later-term services (s 13 gives the Secretary approval power).\n\n- Conscientious objection plus referral duties: practitioners can decline on conscience grounds but must disclose and provide information or transfer care promptly (s 9).  Where many practitioners in an area object, the statutory obligation to refer or transfer may increase administrative work for objecting practitioners and affect patient access.\n\n- Administrative discretion and legal certainty: the Secretary’s power to issue binding guidelines (s 14(1), (3)) and to decide reporting formats (s 15(2)) means practical standards of care and reporting processes are established by the health department rather than by the Act itself; the content and timing of those instruments will shape practitioner obligations in detail.\n\n- Professional regulation interaction: breaches of the Act (performing or assisting other than as authorised, or failing to meet the conscientious-objection duties) are matters that may inform professional-conduct or performance proceedings under existing practitioner-regulation laws (s 10).\n\nCompliance and implementation risks\n\n- Reporting requirements must avoid patient identification (s 15(3)) but still produce useful data; striking that balance is an administrative task for the Secretary (s 15).\n\n- The Act leaves multiple areas to subordinate instruments (Secretary’s guidelines, approvals, forms, and Governor’s regulations) (s 13–15, s 18); the timing and detail of those instruments will determine how smoothly the Act’s mechanics operate in practice.\n\nSource of the Act’s stated purpose and testing of that claim\n\n- The Act’s stated purposes are to reform law on terminations and to regulate the conduct of registered health practitioners in relation to terminations (s 3).  Mechanically, the Act does this by (1) removing criminal exposure for self-termination (s 12 and s 3 note), (2) defining which practitioners may perform or assist in terminations and when (s 5–8, sch 1), (3) imposing consent, counselling-information and reporting obligations (s 7, s 15), and (4) creating administrative powers for the Secretary to approve facilities and issue binding guidelines (s 13–14).  The costs, incentive effects and administrative burdens described above flow from those mechanical changes (see the cited sections)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purposes as stated in section 3: reforming abortion law and regulating health practitioner conduct. The 2025 amendments appear to be refinements and additions (such as the new annual reporting requirement in section 15A) rather than scope creep. The core framework established in 2019 remains intact."},"complexity_factors":["Moderate length with 18 sections plus a dictionary schedule","15 defined terms in Schedule 1, several of which cross-reference other legislation (Health Practitioner Regulation National Law)","Conditional logic with multiple thresholds: different rules apply at ≤22 weeks vs >22 weeks, with emergency exceptions to consent requirements","Nested requirements in section 6 (post-22 weeks) requiring consultation between two specialists, consideration of multiple factors, and location restrictions","Conscientious objection provisions (section 9) create a multi-step compliance obligation with alternatives (disclosure, referral, or transfer)","Cross-references to at least 5 other Acts (Crimes Act 1900, Health Practitioner Regulation National Law, Health Services Act 1997, Poisons and Therapeutic Goods Act 1966, Medicines, Poisons and Therapeutic Goods Act 2022, Health Care Complaints Act 1993)","Recent amendments noted (2025 No 26) affecting sections 5, 7, 8, 14, 15, 15A and Schedule 1, indicating evolving regulatory framework"],"plain_english_summary":"This law decriminalises abortion in New South Wales and sets out clear rules for how and when pregnancy terminations can be performed.\n\n**What it does:**\n- **Removes abortion from the criminal law**: Before this Act, abortion was a crime under the Crimes Act 1900. This law repeals those criminal offences and abolishes the old common law offences too.\n- **Allows terminations up to 22 weeks**: A doctor, nurse practitioner, or specially qualified midwife (called an 'endorsed midwife') can perform an abortion on someone who is up to 22 weeks pregnant, provided they have the person's informed consent (meaning the person freely agrees after understanding what's involved). In emergencies, consent isn't required if it's not practical to get it.\n- **Sets stricter rules after 22 weeks**: After 22 weeks, only a specialist doctor (such as an obstetrician or someone with relevant expertise) can perform the abortion. They must consult with another specialist doctor, consider the person's medical and personal circumstances, and perform the procedure at a hospital or approved health facility. There's an emergency exception to save the person's life or another foetus.\n- **Requires counselling information**: Health practitioners must tell people about available counselling services, including free public services, before performing an abortion.\n- **Protects conscientious objectors**: Doctors and other health workers who object to abortion on moral or religious grounds don't have to perform or assist with the procedure. However, they must tell the person about their objection and help them find another practitioner who can help.\n- **Protects people from prosecution**: A person who has an abortion, or helps themselves have one, cannot be charged with a crime.\n- **Bans sex-selective abortions**: The Parliament opposes abortions performed because of the sex of the foetus, and the Health Secretary must review this issue and report back.\n\n**Who it affects:**\n- People seeking abortions in NSW\n- Doctors, nurses, midwives, pharmacists, and other registered health practitioners\n- Hospitals and health facilities\n\n**Why it matters:**\nThis law moves abortion from being treated as a criminal matter to being treated as a healthcare matter. It establishes a clear, regulated framework that balances access to safe abortion services with professional medical standards and safeguards."}},"importantCases":[],"_links":{"self":"/api/acts/abortion-law-reform-act-2019","history":"/api/acts/abortion-law-reform-act-2019/history","analysis":"/api/acts/abortion-law-reform-act-2019/analysis","conflicts":"/api/acts/abortion-law-reform-act-2019/conflicts","importantCases":"/api/acts/abortion-law-reform-act-2019/important-cases","documents":"/api/acts/abortion-law-reform-act-2019/documents"}}