{"id":"tas:act-2013-072","name":"Reproductive Health (Access to Terminations) Act 2013","slug":"reproductive-health-access-to-terminations-act-2013","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"72 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31766,"registerId":"tas-act-2013-072-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","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Reproductive Health (Access to Terminations) Act 2013](/view/html/inforce/2026-04-12/act-2013-072) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on a day to be proclaimed.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this Act, unless the contrary intention appears –\n> > \n> > > ***midwife*** means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the midwifery profession;\n> > \n> > > ***nurse*** means a registered nurse or an enrolled nurse;\n> > \n> > > ***terminate*** means to discontinue a pregnancy so that it does not progress to birth by –\n> > > \n> > > > > (a) using an instrument or a combination of instruments; or\n> > > > \n> > > > > (b) using a drug or a combination of drugs; or\n> > > > \n> > > > > (c) any other means –\n> > > > \n> > > > but does not include –\n> > > > \n> > > > > (d) the supply or procurement of any thing for the purpose of discontinuing a pregnancy; or\n> > > > \n> > > > > (e) the administration of a drug or a combination of drugs for the purpose of discontinuing a pregnancy by a nurse or midwife acting under the direction of a medical practitioner;\n> > \n> > > ***woman*** means a female person of any age.\n> \n> > (2)  A note in the text of this Act does not form part of this Act.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Access to Terminations","content":"# Part 2 Access to Terminations","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Terminations by medical practitioner at not more than 16 weeks","content":"### 4 Terminations by medical practitioner at not more than 16 weeks\n\n> The pregnancy of a woman who is not more than 16 weeks pregnant may be terminated by a medical practitioner with the woman's consent.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Terminations by medical practitioner after 16 weeks","content":"### 5 Terminations by medical practitioner after 16 weeks\n\n> > (1)  The pregnancy of a woman who is more than 16 weeks pregnant may be terminated by a medical practitioner with the woman's consent if the medical practitioner –\n> > \n> > > > (a) reasonably believes that the continuation of the pregnancy would involve greater risk of injury to the physical or mental health of the pregnant woman than if the pregnancy were terminated; and\n> > > \n> > > > (b) has consulted with another medical practitioner who reasonably believes that the continuation of the pregnancy would involve greater risk of injury to the physical or mental health of the pregnant woman than if the pregnancy were terminated.\n> \n> > (2)  In assessing the risk referred to in [subsection (1)](#GS5@Gs1@EN) , the medical practitioners must have regard to the woman's physical, psychological, economic and social circumstances.\n> \n> > (3)  At least one of the medical practitioners referred to in [subsection (1)](#GS5@Gs1@EN) is to be a medical practitioner who specialises in obstetrics or gynaecology.\n> > \n> > > > Note\n> > > \n> > > The *Criminal Code* sets out the circumstances in which a person is guilty of a crime in relation to a termination.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Conscientious objection and duty to treat","content":"### 6 Conscientious objection and duty to treat\n\n> > (1)  Subject to [subsection (2)](#GS6@Gs2@EN) , no individual has a duty, whether by contract or by any statutory or other legal requirement, to participate in treatment authorised by [section 4](#GS4@EN) or [5](#GS5@EN) of this Act if the individual has a conscientious objection to terminations.\n> \n> > (2)  [Subsection (1)](#GS6@Gs1@EN) does not apply to an individual who has a duty set out in [subsection (3)](#GS6@Gs3@EN) or [(4)](#GS6@Gs4@EN) .\n> \n> > (3)  A medical practitioner has a duty to perform a termination in an emergency if a termination is necessary to save the life of a pregnant woman or to prevent her serious physical injury.\n> \n> > (4)  A nurse or midwife has a duty to assist a medical practitioner in performing a termination in an emergency if a termination is necessary to save the life of a pregnant woman or to prevent her serious physical injury.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Obligations on medical practitioners and counsellors","content":"### 7 Obligations on medical practitioners and counsellors\n\n> > (1)  In this section –\n> > \n> > > ***counsellor*** means a person who holds himself or herself out as a provider of a counselling service, or conducts himself or herself in a manner consistent with a provider of a counselling service, whether or not that service or conduct is engaged in, or provided, for fee or reward;\n> > \n> > > ***health service*** means a health service which provides advice, information or counselling on the full range of pregnancy options.\n> \n> > (2)  Subject to [subsection (3)](#GS7@Gs3@EN) , if a woman seeks a termination or advice regarding the full range of pregnancy options from a medical practitioner and the practitioner has a conscientious objection to terminations, the practitioner must, on becoming aware that the woman is seeking a termination or advice regarding the full range of pregnancy options, provide the woman with a list of prescribed health services from which the woman may seek advice, information or counselling on the full range of pregnancy options.\n> \n> > (3)  [Subsection (2)](#GS7@Gs2@EN) does not apply to a medical practitioner who has a duty set out in [section 6(3)](#GS6@Gs3@EN) .\n> \n> > (4)  Nothing in this section prevents a medical practitioner from continuing to provide treatment, advice or counselling, in respect of matters other than a termination or advice regarding the full range of pregnancy options, to a woman who the medical practitioner has provided a list of prescribed health services from which the woman may seek advice, information or counselling on the full range of pregnancy options.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Woman not guilty of crime or offence","content":"### 8 Woman not guilty of crime or offence\n\n> Notwithstanding any other Act or law, a woman who consents to, assists in or performs a termination on herself is not guilty of a crime or any other offence.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Access zones","content":"### 9 Access zones\n\n> > (1)  In this section –\n> > \n> > > ***access zone*** means an area within a radius of 150 metres from premises at which terminations are provided;\n> > \n> > > ***distribute*** includes –\n> > > \n> > > > > (a) communicate, exhibit, send, supply or transmit to someone, whether to a particular person or not; and\n> > > > \n> > > > > (b) make available for access by someone, whether by a particular person or not; and\n> > > > \n> > > > > (c) enter into an agreement or arrangement to do anything mentioned in [paragraph (a)](#GS9@Gs1@Nd44201310114@Hpa@EN) or [(b)](#GS9@Gs1@Nd44201310114@Hpb@EN) ; and\n> > > > \n> > > > > (d) attempt to distribute;\n> > \n> > > ***prohibited behaviour*** means –\n> > > \n> > > > > (a) in relation to a person, besetting, harassing, intimidating, interfering with, threatening, hindering, obstructing or impeding that person; or\n> > > > \n> > > > > (b) a protest in relation to terminations that is able to be seen or heard by a person accessing, or attempting to access, premises at which terminations are provided; or\n> > > > \n> > > > > (c) footpath interference in relation to terminations; or\n> > > > \n> > > > > (d) intentionally recording, by any means, a person accessing or attempting to access premises at which terminations are provided without that person's consent; or\n> > > > \n> > > > > (e) any other prescribed behaviour.\n> \n> > (2)  A person must not engage in prohibited behaviour within an access zone.\n> > \n> > Penalty:  Fine not exceeding 75 penalty units or imprisonment for a term not exceeding 12 months, or both.\n> \n> > (3)  A person is not guilty of engaging in prohibited behaviour within an access zone by intentionally recording, by any means, a person accessing or attempting to access premises at which terminations are provided without that person's consent if, at the time of making the recording –\n> > \n> > > > (a) the first-mentioned person is a law enforcement officer acting in the course of his or her duties as such an officer; and\n> > > \n> > > > (b) his or her conduct is reasonable in the circumstances for the performance of those duties.\n> \n> > (4)  A person must not publish or distribute a recording of another person accessing or attempting to access premises at which terminations are provided without that other person's consent.\n> > \n> > Penalty:  Fine not exceeding 75 penalty units or imprisonment for a term not exceeding 12 months, or both.\n> \n> > (5)  If a police officer reasonably believes a person is committing or has committed an offence –\n> > \n> > > > (a) under [subsection (2)](#GS9@Gs2@EN) that involves recording, by any means, a person accessing or attempting to access premises at which terminations are provided, without that person's consent; or\n> > > \n> > > > (b) under [subsection (4)](#GS9@Gs4@EN)  –\n> > > \n> > > the police officer may –\n> > > \n> > > > (c) detain and search that person; and\n> > > \n> > > > (d) seize and retain the recording and any equipment used to produce, publish or distribute the recording found in the possession of that person.\n> \n> > (6)  If a person is convicted or found guilty of an offence under [subsection (2)](#GS9@Gs2@EN) or [(4)](#GS9@Gs4@EN) , any item seized under [subsection (5)](#GS9@Gs5@EN) is forfeited to the Crown and is to be destroyed or disposed of in a manner approved by the Minister administering the [Police Service Act 2003](/view/html/inforce/2026-04-12/act-2003-075) .\n> \n> > (7)  If a police officer reasonably believes a person is committing or has committed an offence under [subsection (2)](#GS9@Gs2@EN) or [(4)](#GS9@Gs4@EN) , the police officer may require that person to state his or her name and the address of his or her place of abode.\n> \n> > (8)  A person must not fail or refuse to comply with a requirement under [subsection (7)](#GS9@Gs7@EN) or, in response to such a requirement, state a name or address that is false.\n> > \n> > Penalty:  Fine not exceeding 2 penalty units.\n> \n> > (9)  A police officer making a requirement under [subsection (7)](#GS9@Gs7@EN) may arrest, without warrant, a person who fails or refuses to comply with that requirement or who, in response to the requirement, gives a name or address that the police officer reasonably believes is false.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Proceedings","content":"### 10 Proceedings\n\n> > (1)  Proceedings for an offence against this Part may only be instituted by –\n> > \n> > > > (a) a police officer; or\n> > > \n> > > > (b) the Secretary of the Department or a person authorised in writing to institute proceedings by the Secretary of the Department.\n> \n> > (2)  Proceedings for an offence under this Part must be instituted within 24 months after the date on which an offence is alleged to have been committed.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Infringement notices","content":"### 11 Infringement notices\n\n> > (1)  In this section –\n> > \n> > > ***infringement offence*** means an offence against this Part that is prescribed by the regulations made under this Act to be an infringement offence.\n> \n> > (2)  A person referred to in [section 10(1)](#GS10@Gs1@EN) may issue and serve an infringement notice on a person if he or she reasonably believes that the person has committed an infringement offence.\n> \n> > (3)  An infringement notice may not be served on an individual who has not attained the age of 16 years.\n> \n> > (4)  An infringement notice is to be in accordance with [section 14 of the](/view/html/inforce/2026-04-12/act-2005-057#GS14@EN) [Monetary Penalties Enforcement Act 2005](/view/html/inforce/2026-04-12/act-2005-057) .\n> \n> > (5)  The regulations made under this Part –\n> > \n> > > > (a) may prescribe, for infringement offences, the penalties payable under infringement notices; and\n> > > \n> > > > (b) may prescribe different penalties for bodies corporate and individuals.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Regulations","content":"### 12 Regulations\n\n> > (1)  The Governor may make regulations for the purposes of this Part.\n> \n> > (2)  The regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.\n> \n> > (3)  The regulations may authorise any matter to be from time to time determined, applied or regulated by any person or body specified in the regulations.","sortOrder":13},{"sectionNumber":"Part 3","sectionType":"part","heading":"Criminal Code Act 1924 Amended","content":"# Part 3 Criminal Code Act 1924 Amended\n\n*\n\n**13.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Criminal Code Act 1924](/view/html/inforce/2026-04-12/act-1924-069) .\n\n**\n\n**14.**   \n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Criminal Code Act 1924](/view/html/inforce/2026-04-12/act-1924-069) .\n\n*","sortOrder":14},{"sectionNumber":"13.","sectionType":"section","heading":null,"content":"### 13.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Criminal Code Act 1924](/view/html/inforce/2026-04-12/act-1924-069) .","sortOrder":15},{"sectionNumber":"14.","sectionType":"section","heading":null,"content":"### 14.\n\n> The amendments effected by this Part have been incorporated into the authorised version of the [Criminal Code Act 1924](/view/html/inforce/2026-04-12/act-1924-069) .","sortOrder":16},{"sectionNumber":"Part 4","sectionType":"part","heading":"Guardianship and Administration Act 1995 Amended","content":"# Part 4 Guardianship and Administration Act 1995 Amended\n\n*\n\n**15.**   \n\n> The amendments effected by this Part have been incorporated into authorised versions of the following Acts:\n> \n> > > (a) [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) ;\n> > \n> > > (b) [Guardianship and Administration Act 1995](/view/html/inforce/2026-04-12/act-1995-044) .\n\n**\n\n**16.**   \n\n> The amendments effected by this Part have been incorporated into authorised versions of the following Acts:\n> \n> > > (a) [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) ;\n> > \n> > > (b) [Guardianship and Administration Act 1995](/view/html/inforce/2026-04-12/act-1995-044) .\n\n*","sortOrder":17},{"sectionNumber":"15.","sectionType":"section","heading":null,"content":"### 15.\n\n> The amendments effected by this Part have been incorporated into authorised versions of the following Acts:\n> \n> > > (a) [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) ;\n> > \n> > > (b) [Guardianship and Administration Act 1995](/view/html/inforce/2026-04-12/act-1995-044) .","sortOrder":18},{"sectionNumber":"16.","sectionType":"section","heading":null,"content":"### 16.\n\n> The amendments effected by this Part have been incorporated into authorised versions of the following Acts:\n> \n> > > (a) [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) ;\n> > \n> > > (b) [Guardianship and Administration Act 1995](/view/html/inforce/2026-04-12/act-1995-044) .","sortOrder":19},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Administration of Act","content":"### 17 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Health; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Health and Human Services.","sortOrder":21}],"analysis":{"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act appears to have remained consistent with its original intent — to decriminalise abortion in Tasmania, establish a clear gestational framework for access, create safe access zones around clinics, and protect both patients and conscientious objectors. No significant scope changes are evident from the available information."},"complexity_factors":["Dual-stage gestational framework (different rules apply before and after 16 weeks) requires careful interpretation","Balancing competing rights — patient access vs. conscientious objection by practitioners — creates interpretive tension","Safe access zone provisions involve geographic and conduct-based rules that can be difficult to apply in practice","Interaction with broader criminal law history (prior decriminalisation context adds background complexity)","Referral obligations on objecting practitioners create a legal duty that must be precisely understood","Limited publicly available amendment history makes it harder to track any legislative evolution"],"plain_english_summary":"## Reproductive Health (Access to Terminations) Act 2013 (Tasmania)\n\n**What this law does:**\nThis is Tasmania's law governing access to abortion (termination of pregnancy). It sets out the legal framework for when, how, and by whom terminations can be performed in Tasmania.\n\n**Key things this law typically covers (based on the Act's known provisions):**\n- **Up to 16 weeks:** A pregnant person can access a termination without needing approval from multiple doctors — they simply need to consult with a medical practitioner (doctor).\n- **After 16 weeks:** Two medical practitioners must agree that the termination is appropriate, considering the woman's physical, psychological, and social circumstances.\n- **Safe access zones:** A buffer zone (150 metres) is established around clinics and hospitals where terminations are performed. Within this zone, protesting, filming, or intimidating people is prohibited — protecting patients and staff from harassment.\n- **Conscientious objection:** Doctors who have a personal or religious objection to performing terminations are not forced to do so, but they **must** refer the patient to another provider who can help.\n- **Who is affected:** Anyone seeking a termination in Tasmania, medical practitioners, nurses, and anyone operating near a clinic or hospital that provides this service.\n\n**Why it matters:**\nBefore laws like this, abortion in Tasmania was largely governed by old criminal law provisions, creating uncertainty and barriers. This Act decriminalised abortion and brought clarity and legal protection to both patients and healthcare providers. It balances access to healthcare with protections for medical professionals' personal beliefs.\n\n**Note:** This version has been in force since 12 February 2014 with no major amendments noted."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act establishes an explicit statutory regime governing terminations: it authorises medical practitioners to perform terminations up to 16 weeks with the woman's consent (section 4) and after 16 weeks subject to a clinical test and a second practitioner’s consultation (section 5). It removes criminal liability for a woman who consents to, assists in, or performs a termination on herself (section 8). It also creates new criminal offences and enforcement powers for behaviour within 150-metre access zones around termination-service premises (section 9), limits who may bring proceedings to police or authorised departmental officers and sets a 24-month time limit for prosecutions (section 10), and provides for infringement notices and regulations to further define offences and penalties (sections 11–12). Taken together, these provisions substitute a specific statutory framework for treatment of terminations, access protection and related enforcement and administrative arrangements (sections 3–12, 17)."},"complexity_factors":["Cross-references to other legislation (Criminal Code Act 1924, Monetary Penalties Enforcement Act 2005, Police Service Act 2003, Administrative Arrangements Act 1990) creating interpretive dependencies (Parts 3–4, sections 9, 11, 17).","Medical-judgement threshold for terminations after 16 weeks requiring reasonable belief and a second-opinion consultation, plus consideration of physical, psychological, economic and social circumstances (section 5).","Mixed regulatory and criminal enforcement regime: criminal penalties, infringement notices, and restricted prosecutorial standing (sections 9–11).","Broad, partly open-ended definitions (e.g. ‘prohibited behaviour’, ‘distribute’, ‘counsellor’, ‘health service’) and regulation-making powers that permit further specification (sections 7, 9, 11, 12).","Conscientious objection with specific exceptions and a referral obligation creates conditional exemptions and procedural duties (sections 6–7).","Detailed police powers in access zones (search, seizure, detention, requirement to give name/address, arrest) and forfeiture/disposal rules that link criminal process to property disposal (section 9).","Commencement by proclamation and delegated regulatory determinations add timing and operational uncertainty (section 2, section 12)."],"plain_english_summary":"What this law does, in simple terms\n\n- It creates a legal framework for medical terminations (abortions). It says a medical practitioner may end a pregnancy up to 16 weeks if the woman consents (section 4). For pregnancies over 16 weeks, a termination may be performed with the woman's consent only if two medical practitioners reasonably believe continuing the pregnancy would pose greater risk to the woman’s physical or mental health than terminating it; at least one of those practitioners must be an obstetrician or gynaecologist, and they must consider physical, psychological, economic and social circumstances (section 5).\n\n- It defines key terms used throughout the law, including who counts as a nurse or midwife, and what “terminate” means and does not mean (section 3). Notably, the definition excludes the supply or procurement of things for the purpose of discontinuing a pregnancy and excludes administration of termination drugs by a nurse or midwife acting under a medical practitioner’s direction from counting as a person performing a termination (section 3).\n\n- It removes criminal liability for women who consent to, assist in, or perform a termination on themselves; the woman is not guilty of a crime or offence notwithstanding other laws (section 8).\n\n- It creates 150-metre “access zones” around premises where terminations are provided and makes a range of behaviours in those zones an offence. Prohibited conduct includes besetting, harassing, intimidating, interfering with, threatening, hindering, obstructing or impeding a person; protests visible or audible to people accessing the premises; footpath interference; and intentionally recording a person accessing the premises without that person’s consent (section 9). Publishing or distributing such a recording without consent is also an offence (section 9).\n\n- It sets penalties and enforcement tools for access-zone offences. The maximum criminal penalty for prohibited behaviour or unlawful publication/distribution is a fine not exceeding 75 penalty units or imprisonment up to 12 months, or both (section 9). Police may detain and search people reasonably suspected of recording offences, seize recordings and equipment, require name and address, and arrest for failure to comply with that requirement (section 9). Items seized may be forfeited and destroyed if the person is convicted (section 9(6)).\n\n- It restricts who can bring proceedings under the Part: only a police officer or the Secretary of the Department (or an authorised delegate) may institute proceedings (section 10). Proceedings for offences under the Part must be started within 24 months of the alleged offence (section 10).\n\n- The Act allows certain offences to be dealt with by infringement notices (civil fines) if the regulations prescribe them as infringement offences; the Secretary or a police officer may issue such notices, but not to people under 16 years old (section 11).\n\n- It recognises conscientious objection for individuals: an individual is not obliged, by contract or law, to participate in a termination if they have a conscientious objection (section 6(1)). Exceptions require treatment in emergencies (medical practitioners must perform a termination to save life or prevent serious physical injury; nurses and midwives must assist in those emergencies) (section 6(3)–(4)). Where a medical practitioner has a conscientious objection, they must provide a woman seeking a termination or advice about pregnancy options with a list of prescribed health services from which she may seek advice, unless an emergency duty applies (section 7).\n\n- The Governor may make regulations to support the Part, including prescribing behaviours, penalties, infringement categories, and to delegate matters to specified persons or bodies (section 12). Administration of the Act is assigned to the Minister for Health and the Department of Health and Human Services until different administrative arrangements are made (section 17).\n\nAdditional technical points\n\n- Parts of the Act amend the Criminal Code Act 1924 and the Guardianship and Administration Act 1995; the text notes those amendments have been incorporated into authorised versions of those Acts (Parts 3 and 4).\n\nPurpose statements and implementation trade-offs (what the text implies and the practical mechanics)\n\n- The Act aims to: (a) authorise terminations by medical practitioners under specified conditions (sections 4–5); (b) protect access to termination services by creating exclusionary access zones and criminalising specified conduct near service premises (section 9); and (c) preserve conscience protections for healthcare workers while imposing emergency duties and a limited referral duty (sections 6–7). Those are the purpose-claims made by the text; the legal mechanics implementing them are the provisions cited above.\n\n- Who pays: criminal and civil penalty regimes fall on individuals who commit prohibited conduct in access zones (sections 9 and 11). Healthcare providers and the Department bear administrative and compliance costs: providers must follow clinical and referral rules (sections 4–7); the Department and Minister bear responsibility for regulation, enforcement authorisations and lists of prescribed services (sections 7, 11, 12, 17). Police resources are deployed to enforce access-zone offences (section 9) and to institute prosecutions (section 10).\n\n- Who decides: medical practitioners make clinical decisions about whether a termination after 16 weeks is permitted by the law (section 5). The Governor and the Minister (through regulations) decide details of prohibited behaviour, infringement categories and delegated decision-making powers (sections 12 and 11). Police and the Department decide whether to institute proceedings (section 10). The Secretary may authorise other persons to institute proceedings (section 10).\n\n- Incentives and behaviour changes the law creates: medical practitioners retain clinical discretion but must document/hold reasonable beliefs and consult another practitioner for later-term procedures (section 5). Conscientious objectors can refuse to participate except in emergencies, but objecting practitioners must supply a list of alternatives on request (sections 6–7), which shifts referral effort to the objecting practitioner. Access-zone offences create an incentive for protesters and others to stay beyond 150 metres and avoid recording or publishing identifiable images of clinic users (section 9). The requirement that only police or authorised departmental officers can prosecute concentrates enforcement decisions in public actors (section 10), limiting private prosecutions.\n\n- Compliance burden and administrative discretion: the Act gives the Governor and regulations broad power to define additional prohibited behaviour and to prescribe infringement offences and penalties (sections 12 and 11). That creates implementation discretion in the executive (section 12). Medical practitioners have obligations to consult and, where applicable, provide prescribed lists (sections 5 and 7), which requires clinical procedures, record-keeping and referral processes.\n\n- Trade-offs and risks the text exposes: the clinical test for post-16-week terminations depends on “reasonable belief” and consultation with a second practitioner (section 5), which introduces a medical-judgement threshold and a procedural requirement that may affect access in areas with limited specialist availability (section 5(3)). The access-zone offences and police powers (section 9) reduce certain public-facing activities (including some forms of protest and recording) near clinics; enforcement is limited to police and authorised departmental actors (section 10), which concentrates discretion and resources in public agencies.\n\nKey references in the Act: sections 3–9, 10–12 and 17."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a comprehensive framework for reproductive health access. It covers the core elements expected: decriminalisation, procedural requirements for terminations, conscientious objection, safe access zones, and consequential amendments to other Acts. There is no evidence of significant scope creep beyond the original intent to regulate access to terminations."},"complexity_factors":["Multiple defined terms in section 3 and section 9 (midwife, nurse, terminate, woman, access zone, distribute, prohibited behaviour, counsellor, health service)","Nested exceptions: section 6(1) creates a general exemption for conscientious objectors, but section 6(2) carves out exceptions to that exemption for emergencies, with separate duties for doctors (6(3)) versus nurses/midwives (6(4))","Section 7 creates further conditional obligations on objecting practitioners with its own exception in subsection (3)","Section 9 contains extensive subsections creating offences, exceptions to offences (subsection 3 for law enforcement), enforcement powers (subsections 5-9), and forfeiture provisions","Cross-references to external legislation: Health Practitioner Regulation National Law (Tasmania), Criminal Code, Police Service Act 2003, Monetary Penalties Enforcement Act 2005, Administrative Arrangements Act 1990, Guardianship and Administration Act 1995","Parts 3 and 4 are essentially placeholder sections indicating amendments have been incorporated into other Acts, creating a fragmented legislative structure"],"plain_english_summary":"This is a Tasmanian law that decriminalises abortion and sets out clear rules for how and when pregnancy terminations can happen, while protecting women's access to clinics.\n\n**What it does:**\n\n- **Makes abortion legal** when performed by a medical practitioner with the woman's consent.\n- **Sets different rules based on timing:**\n  - Up to 16 weeks: A medical practitioner can perform the termination with the woman's consent.\n  - After 16 weeks: Two medical practitioners must agree that continuing the pregnancy poses a greater risk to the woman's physical or mental health than ending it. One must be an obstetrician or gynaecologist. They must consider her physical, psychological, economic and social circumstances.\n- **Protects healthcare workers who object:** Doctors, nurses and midwives can refuse to participate in abortions if they have a \"conscientious objection\" (moral or religious opposition). However, they must still perform or assist in emergencies where the woman's life is at risk or she faces serious injury.\n- **Requires referral for objecting doctors:** If a doctor objects to abortion, they must give the woman a list of services where she can get advice about all pregnancy options.\n- **Protects women from criminal charges:** A woman who has or assists in her own abortion cannot be charged with any crime.\n- **Creates safe access zones:** It is illegal to harass, intimidate, protest, or record people within 150 metres of abortion clinics. Police can arrest offenders, seize recording equipment, and issue fines up to 75 penalty units or 12 months jail.\n\n**Who it affects:**\n- Women seeking abortions in Tasmania\n- Medical practitioners, nurses and midwives\n- Counsellors and health services\n- Police and enforcement officers\n\n**Why it matters:**\nThis law removed abortion from Tasmania's criminal code (via amendments to the Criminal Code Act 1924) and established a regulated healthcare framework. It balances access to reproductive healthcare with protections for healthcare workers' beliefs, while ensuring women can enter clinics without harassment."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/reproductive-health-access-to-terminations-act-2013","history":"/api/acts/reproductive-health-access-to-terminations-act-2013/history","analysis":"/api/acts/reproductive-health-access-to-terminations-act-2013/analysis","conflicts":"/api/acts/reproductive-health-access-to-terminations-act-2013/conflicts","importantCases":"/api/acts/reproductive-health-access-to-terminations-act-2013/important-cases","documents":"/api/acts/reproductive-health-access-to-terminations-act-2013/documents"}}