{"id":"qld:act-2018-023","name":"Termination of Pregnancy Act 2018","slug":"termination-of-pregnancy-act-2018","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"23 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29616,"registerId":"qld-act-2018-023-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Termination of Pregnancy Act 2018 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Purposes","content":"### sec.3 Purposes\n\nThe purposes of this Act are—\nto enable reasonable and safe access by persons to terminations; and\nto regulate the conduct of registered health practitioners in relation to terminations.\ns 3 amd 2024 No. 7 s 26 sch 1\n- (a) to enable reasonable and safe access by persons to terminations; and\n- (b) to regulate the conduct of registered health practitioners in relation to terminations.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Performance of terminations by registered health practitioners","content":"# Performance of terminations by registered health practitioners","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Termination by medical practitioner at not more than 22 weeks","content":"### sec.5 Termination by medical practitioner at not more than 22 weeks\n\nA medical practitioner may perform a termination on a person who is not more than 22 weeks pregnant.\ns 5 amd 2024 No. 7 s 26 sch 1","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Termination by medical practitioner after 22 weeks","content":"### sec.6 Termination by medical practitioner after 22 weeks\n\nA medical practitioner may perform a termination on a person who is more than 22 weeks pregnant if—\nthe medical practitioner considers that, in all the circumstances, the termination should be performed; and\nthe medical practitioner has consulted with another medical practitioner who also considers that, in all the circumstances, the termination should be performed.\nIn considering whether a termination should be performed on a person, a medical practitioner must consider—\nall relevant medical circumstances; and\nthe person’s current and future physical, psychological and social circumstances; and\nthe professional standards and guidelines that apply to the medical practitioner in relation to the performance of the termination.\nIn an emergency, a medical practitioner may perform a termination on a person who is more than 22 weeks pregnant, without acting under subsections (1) and (2) , if the medical practitioner considers it is necessary to perform the termination to save the person’s life or the life of another unborn child.\ns 6 amd 2024 No. 7 s 26 sch 1\n(sec.6-ssec.1) A medical practitioner may perform a termination on a person who is more than 22 weeks pregnant if— the medical practitioner considers that, in all the circumstances, the termination should be performed; and the medical practitioner has consulted with another medical practitioner who also considers that, in all the circumstances, the termination should be performed.\n(sec.6-ssec.2) In considering whether a termination should be performed on a person, a medical practitioner must consider— all relevant medical circumstances; and the person’s current and future physical, psychological and social circumstances; and the professional standards and guidelines that apply to the medical practitioner in relation to the performance of the termination.\n(sec.6-ssec.3) In an emergency, a medical practitioner may perform a termination on a person who is more than 22 weeks pregnant, without acting under subsections (1) and (2) , if the medical practitioner considers it is necessary to perform the termination to save the person’s life or the life of another unborn child.\n- (a) the medical practitioner considers that, in all the circumstances, the termination should be performed; and\n- (b) the medical practitioner has consulted with another medical practitioner who also considers that, in all the circumstances, the termination should be performed.\n- (a) all relevant medical circumstances; and\n- (b) the person’s current and future physical, psychological and social circumstances; and\n- (c) the professional standards and guidelines that apply to the medical practitioner in relation to the performance of the termination.","sortOrder":7},{"sectionNumber":"sec.6A","sectionType":"section","heading":"Medical termination by particular registered health practitioners","content":"### sec.6A Medical termination by particular registered health practitioners\n\nThis section applies to each of the following registered health practitioners—\na practitioner whose health profession is midwifery;\na practitioner whose health profession is nursing;\nanother practitioner prescribed by regulation.\nThe registered health practitioner may, in the practice of the practitioner’s health profession, perform a termination on a person if—\nthe termination is a medical termination; and\nthe practitioner is authorised under the Medicines and Poisons Act 2019 , section 54 to carry out the activity that constitutes the performance of the termination.\nFor subsection (2) , a registered health practitioner performs a medical termination on a person if the practitioner—\nprescribes a termination drug for use in the termination; or\nadministers, or gives a treatment dose of, a termination drug for use in the termination without a prescription.\nIn this section—\ngive a treatment dose , of a termination drug, has the meaning given under the Medicines and Poisons Act 2019 , section 25 (3) .\ns 6A ins 2024 No. 7 s 22\n(sec.6A-ssec.1) This section applies to each of the following registered health practitioners— a practitioner whose health profession is midwifery; a practitioner whose health profession is nursing; another practitioner prescribed by regulation.\n(sec.6A-ssec.2) The registered health practitioner may, in the practice of the practitioner’s health profession, perform a termination on a person if— the termination is a medical termination; and the practitioner is authorised under the Medicines and Poisons Act 2019 , section 54 to carry out the activity that constitutes the performance of the termination.\n(sec.6A-ssec.3) For subsection (2) , a registered health practitioner performs a medical termination on a person if the practitioner— prescribes a termination drug for use in the termination; or administers, or gives a treatment dose of, a termination drug for use in the termination without a prescription.\n(sec.6A-ssec.4) In this section— give a treatment dose , of a termination drug, has the meaning given under the Medicines and Poisons Act 2019 , section 25 (3) .\n- (a) a practitioner whose health profession is midwifery;\n- (b) a practitioner whose health profession is nursing;\n- (c) another practitioner prescribed by regulation.\n- (a) the termination is a medical termination; and\n- (b) the practitioner is authorised under the Medicines and Poisons Act 2019 , section 54 to carry out the activity that constitutes the performance of the termination.\n- (a) prescribes a termination drug for use in the termination; or\n- (b) administers, or gives a treatment dose of, a termination drug for use in the termination without a prescription.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Registered health practitioners and students who may assist","content":"### sec.7 Registered health practitioners and students who may assist\n\nThis section applies in relation to—\nthe performance of a termination on a person by a medical practitioner; or\nthe performance of a medical termination on a person by a registered health practitioner to whom section 6A applies.\nA prescribed practitioner may, in the practice of the practitioner’s prescribed health profession, assist in the performance of the termination.\nA prescribed student may assist in the performance of the termination if the student provides the assistance only—\nunder the supervision of—\nthe medical practitioner or registered health practitioner; or\na prescribed practitioner lawfully assisting in the performance of the termination; or\nthe student’s primary clinical supervisor; and\nto the extent necessary to complete the student’s program of study for, or clinical training in, the student’s health profession.\nHowever, subsections (2) and (3) do not apply in relation to a termination that the assisting prescribed practitioner or prescribed student knows, or ought reasonably to know, is being performed by—\nthe medical practitioner other than under section 5 or 6 ; or\nthe registered health practitioner other than under section 6A .\ns 7 amd 2022 No. 1 s 11 ; 2024 No. 7 s 23\n(sec.7-ssec.1) This section applies in relation to— the performance of a termination on a person by a medical practitioner; or the performance of a medical termination on a person by a registered health practitioner to whom section 6A applies.\n(sec.7-ssec.2) A prescribed practitioner may, in the practice of the practitioner’s prescribed health profession, assist in the performance of the termination.\n(sec.7-ssec.3) A prescribed student may assist in the performance of the termination if the student provides the assistance only— under the supervision of— the medical practitioner or registered health practitioner; or a prescribed practitioner lawfully assisting in the performance of the termination; or the student’s primary clinical supervisor; and to the extent necessary to complete the student’s program of study for, or clinical training in, the student’s health profession.\n(sec.7-ssec.4) However, subsections (2) and (3) do not apply in relation to a termination that the assisting prescribed practitioner or prescribed student knows, or ought reasonably to know, is being performed by— the medical practitioner other than under section 5 or 6 ; or the registered health practitioner other than under section 6A .\n- (a) the performance of a termination on a person by a medical practitioner; or\n- (b) the performance of a medical termination on a person by a registered health practitioner to whom section 6A applies.\n- (a) under the supervision of— (i) the medical practitioner or registered health practitioner; or (ii) a prescribed practitioner lawfully assisting in the performance of the termination; or (iii) the student’s primary clinical supervisor; and\n- (i) the medical practitioner or registered health practitioner; or\n- (ii) a prescribed practitioner lawfully assisting in the performance of the termination; or\n- (iii) the student’s primary clinical supervisor; and\n- (b) to the extent necessary to complete the student’s program of study for, or clinical training in, the student’s health profession.\n- (i) the medical practitioner or registered health practitioner; or\n- (ii) a prescribed practitioner lawfully assisting in the performance of the termination; or\n- (iii) the student’s primary clinical supervisor; and\n- (a) the medical practitioner other than under section 5 or 6 ; or\n- (b) the registered health practitioner other than under section 6A .","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Registered health practitioner with conscientious objection","content":"### sec.8 Registered health practitioner with conscientious objection\n\nThis section applies if—\na person asks a registered health practitioner to—\nperform a termination on a person; or\nassist in the performance of a termination on a person; or\nmake a decision under section 6 whether a termination on a person should be performed; or\nadvise the person about the performance of a termination on a person; and\nthe practitioner has a conscientious objection to the performance of the termination.\nThe registered health practitioner must disclose the practitioner’s conscientious objection to the person.\nIf the request is by a person for the registered health 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 refer the person, or transfer the person’s care, to—\nanother registered health practitioner who, in the first practitioner’s belief, can provide the requested service and does not have a conscientious objection to the performance of the termination; or\na health service provider at which, in the practitioner’s 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.\nThis section does not limit any duty owed by a registered health practitioner to provide a service in an emergency.\ns 8 amd 2024 No. 7 s 26 sch 1\n(sec.8-ssec.1) This section applies if— a person asks a registered health practitioner to— perform a termination on a person; or assist in the performance of a termination on a person; or make a decision under section 6 whether a termination on a person should be performed; or advise the person about the performance of a termination on a person; and the practitioner has a conscientious objection to the performance of the termination.\n(sec.8-ssec.2) The registered health practitioner must disclose the practitioner’s conscientious objection to the person.\n(sec.8-ssec.3) If the request is by a person for the registered health 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 refer the person, or transfer the person’s care, to— another registered health practitioner who, in the first practitioner’s belief, can provide the requested service and does not have a conscientious objection to the performance of the termination; or a health service provider at which, in the practitioner’s 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(sec.8-ssec.4) This section does not limit any duty owed by a registered health practitioner to provide a service in an emergency.\n- (a) a person asks a registered health practitioner to— (i) perform a termination on a person; or (ii) assist in the performance of a termination on a person; or (iii) make a decision under section 6 whether a termination on a person should be performed; or (iv) advise the person about the performance of a termination on a person; and\n- (i) perform a termination on a person; or\n- (ii) assist in the performance of a termination on a person; or\n- (iii) make a decision under section 6 whether a termination on a person should be performed; or\n- (iv) advise the person about the performance of a termination on a person; and\n- (b) the practitioner has a conscientious objection to the performance of the termination.\n- (i) perform a termination on a person; or\n- (ii) assist in the performance of a termination on a person; or\n- (iii) make a decision under section 6 whether a termination on a person should be performed; or\n- (iv) advise the person about the performance of a termination on a person; and\n- (a) another registered health practitioner who, in the first practitioner’s belief, can provide the requested service and does not have a conscientious objection to the performance of the termination; or\n- (b) a health service provider at which, in the practitioner’s 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.","sortOrder":10},{"sectionNumber":"sec.8A","sectionType":"section","heading":"Prescribed student with conscientious objection","content":"### sec.8A Prescribed student with conscientious objection\n\nThis section applies if—\na relevant person asks a prescribed student to assist in the performance of a termination on another person; and\nthe student has a conscientious objection to—\nthe performance of the termination; or\nassisting in the performance of the termination.\nThe student must disclose the student’s conscientious objection to the relevant person.\nIn this section—\nrelevant person means—\na medical practitioner performing the termination; or\nfor a medical termination—a registered health practitioner, to whom section 6A applies, performing the termination; or\na prescribed practitioner lawfully assisting in the performance of the termination; or\nthe student’s primary clinical supervisor.\ns 8A ins 2022 No. 1 s 12\namd 2024 No. 7 s 24\n(sec.8A-ssec.1) This section applies if— a relevant person asks a prescribed student to assist in the performance of a termination on another person; and the student has a conscientious objection to— the performance of the termination; or assisting in the performance of the termination.\n(sec.8A-ssec.2) The student must disclose the student’s conscientious objection to the relevant person.\n(sec.8A-ssec.3) In this section— relevant person means— a medical practitioner performing the termination; or for a medical termination—a registered health practitioner, to whom section 6A applies, performing the termination; or a prescribed practitioner lawfully assisting in the performance of the termination; or the student’s primary clinical supervisor.\n- (a) a relevant person asks a prescribed student to assist in the performance of a termination on another person; and\n- (b) the student has a conscientious objection to— (i) the performance of the termination; or (ii) assisting in the performance of the termination.\n- (i) the performance of the termination; or\n- (ii) assisting in the performance of the termination.\n- (i) the performance of the termination; or\n- (ii) assisting in the performance of the termination.\n- (a) a medical practitioner performing the termination; or\n- (b) for a medical termination—a registered health practitioner, to whom section 6A applies, performing the termination; or\n- (c) a prescribed practitioner lawfully assisting in the performance of the termination; or\n- (d) the student’s primary clinical supervisor.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Compliance with this part relevant to professional conduct or performance","content":"### sec.9 Compliance with this part relevant to professional conduct or performance\n\nIn considering a matter under an Act about a registered health practitioner’s professional conduct or performance, regard may be had to whether the practitioner—\nperforms a termination on a person other than as authorised under section 5 , 6 or 6A ; or\nassists in the performance of a termination on a person other than as authorised under section 7 ; or\ncontravenes section 8 .\nThe matters to which subsection (1) applies include matters arising in—\na notification under the Health Practitioner Regulation National Law (Queensland) ; or\na complaint under the Health Ombudsman Act 2013 ; or\na referred matter under the Health Practitioner Regulation National Law (Queensland) .\ns 9 amd 2024 No. 7 s 26 sch 1\n(sec.9-ssec.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— performs a termination on a person other than as authorised under section 5 , 6 or 6A ; or assists in the performance of a termination on a person other than as authorised under section 7 ; or contravenes section 8 .\n(sec.9-ssec.2) The matters to which subsection (1) applies include matters arising in— a notification under the Health Practitioner Regulation National Law (Queensland) ; or a complaint under the Health Ombudsman Act 2013 ; or a referred matter under the Health Practitioner Regulation National Law (Queensland) .\n- (a) performs a termination on a person other than as authorised under section 5 , 6 or 6A ; or\n- (b) assists in the performance of a termination on a person other than as authorised under section 7 ; or\n- (c) contravenes section 8 .\n- (a) a notification under the Health Practitioner Regulation National Law (Queensland) ; or\n- (b) a complaint under the Health Ombudsman Act 2013 ; or\n- (c) a referred matter under the Health Practitioner Regulation National Law (Queensland) .","sortOrder":12},{"sectionNumber":"pt.3","sectionType":"part","heading":"Protection from criminal responsibility","content":"# Protection from criminal responsibility","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Person does not commit an offence for termination on themself","content":"### sec.10 Person does not commit an offence for termination on themself\n\nDespite any other Act, a person who consents to, assists in, or performs a termination on themself does not commit an offence.\ns 10 amd 2024 No. 7 s 26 sch 1","sortOrder":14},{"sectionNumber":"pt.4","sectionType":"part","heading":"Safe access zones","content":"# Safe access zones","sortOrder":15},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":16},{"sectionNumber":"sec.11","sectionType":"section","heading":"Purpose","content":"### sec.11 Purpose\n\nThe purpose of this part is to protect the safety and well-being, and respect the privacy and dignity, of—\npersons accessing services provided at termination services premises; and\npersons who are employed to provide services at termination services premises or otherwise need to access the premises in the course of their duties or responsibilities.\n- (a) persons accessing services provided at termination services premises; and\n- (b) persons who are employed to provide services at termination services premises or otherwise need to access the premises in the course of their duties or responsibilities.","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":"Application of part","content":"### sec.12 Application of part\n\nThis part applies despite the Peaceful Assembly Act 1992 .","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"Meaning of termination services premises","content":"### sec.13 Meaning of termination services premises\n\nIn this part—\ntermination services premises —\nmeans premises at which a service of performing terminations on persons is ordinarily provided; but\ndoes not include a pharmacy.\ns 13 amd 2024 No. 7 s 26 sch 1\n- (a) means premises at which a service of performing terminations on persons is ordinarily provided; but\n- (b) does not include a pharmacy.","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"Meaning of safe access zone","content":"### sec.14 Meaning of safe access zone\n\nA place is in the safe access zone for termination services premises if the place is—\nin the premises; or\nnot more than the prescribed distance from an entrance to the premises.\nUnless a distance is prescribed under subsection (3) , the prescribed distance for subsection (1) (b) is 150m.\nA regulation may prescribe a distance for subsection (1) (b) for stated termination services premises.\nThe Minister may recommend to the Governor in Council the making of a regulation under subsection (3) only if satisfied that, having regard to the location of the premises, a prescribed distance of 150m is insufficient, or greater than is necessary, to achieve the purpose of this part in relation to the premises.\n(sec.14-ssec.1) A place is in the safe access zone for termination services premises if the place is— in the premises; or not more than the prescribed distance from an entrance to the premises.\n(sec.14-ssec.2) Unless a distance is prescribed under subsection (3) , the prescribed distance for subsection (1) (b) is 150m.\n(sec.14-ssec.3) A regulation may prescribe a distance for subsection (1) (b) for stated termination services premises.\n(sec.14-ssec.4) The Minister may recommend to the Governor in Council the making of a regulation under subsection (3) only if satisfied that, having regard to the location of the premises, a prescribed distance of 150m is insufficient, or greater than is necessary, to achieve the purpose of this part in relation to the premises.\n- (a) in the premises; or\n- (b) not more than the prescribed distance from an entrance to the premises.","sortOrder":20},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":21},{"sectionNumber":"sec.15","sectionType":"section","heading":"Prohibited conduct in safe access zones","content":"### sec.15 Prohibited conduct in safe access zones\n\nA person’s conduct in the safe access zone for termination services premises is prohibited conduct if the conduct—\nrelates to terminations or could reasonably be perceived as relating to terminations; and\nwould be visible or audible to another person in, or entering or leaving, the premises; and\nwould be reasonably likely to deter a person mentioned in paragraph (b) from—\nentering or leaving the premises; or\nrequesting or undergoing a termination; or\nperforming, or assisting in the performance of, a termination.\nA person’s conduct may be prohibited conduct whether or not another person sees or hears the conduct or is deterred from taking an action mentioned in subsection (1) (c) (i) to (iii) .\nA person must not engage in prohibited conduct in the safe access zone for termination services premises.\nMaximum penalty—20 penalty units or 1 year’s imprisonment.\nSubsection (3) does not apply to a person employed to provide a service at the termination services premises.\n(sec.15-ssec.1) A person’s conduct in the safe access zone for termination services premises is prohibited conduct if the conduct— relates to terminations or could reasonably be perceived as relating to terminations; and would be visible or audible to another person in, or entering or leaving, the premises; and would be reasonably likely to deter a person mentioned in paragraph (b) from— entering or leaving the premises; or requesting or undergoing a termination; or performing, or assisting in the performance of, a termination.\n(sec.15-ssec.2) A person’s conduct may be prohibited conduct whether or not another person sees or hears the conduct or is deterred from taking an action mentioned in subsection (1) (c) (i) to (iii) .\n(sec.15-ssec.3) A person must not engage in prohibited conduct in the safe access zone for termination services premises. Maximum penalty—20 penalty units or 1 year’s imprisonment.\n(sec.15-ssec.4) Subsection (3) does not apply to a person employed to provide a service at the termination services premises.\n- (a) relates to terminations or could reasonably be perceived as relating to terminations; and\n- (b) would be visible or audible to another person in, or entering or leaving, the premises; and\n- (c) would be reasonably likely to deter a person mentioned in paragraph (b) from— (i) entering or leaving the premises; or (ii) requesting or undergoing a termination; or (iii) performing, or assisting in the performance of, a termination.\n- (i) entering or leaving the premises; or\n- (ii) requesting or undergoing a termination; or\n- (iii) performing, or assisting in the performance of, a termination.\n- (i) entering or leaving the premises; or\n- (ii) requesting or undergoing a termination; or\n- (iii) performing, or assisting in the performance of, a termination.","sortOrder":22},{"sectionNumber":"sec.16","sectionType":"section","heading":"Recording persons in or near termination services premises","content":"### sec.16 Recording persons in or near termination services premises\n\nThis section applies in relation to a recording (a restricted recording ) that—\nis an audio or visual recording of a person while the person is in, or entering or leaving, termination services premises; and\ncontains information that identifies, or is likely to lead to the identification of, the person.\nA person must not, without reasonable excuse, make a restricted recording of another person without the other person’s consent.\nIt may be a reasonable excuse for the occupier of premises to make a restricted recording of persons in or near the premises, without the persons’ consent, for security purposes.\nMaximum penalty—20 penalty units or 1 year’s imprisonment.\nA person must not, without reasonable excuse, publish or distribute a restricted recording of another person without the other person’s consent.\nMaximum penalty—20 penalty units or 1 year’s imprisonment.\nSubsections (2) and (3) do not apply to a police officer doing a thing in the course of performing the officer’s duties.\nIn this section—\ndistribute includes—\ncommunicate, exhibit, send, supply or transmit (including by live streaming), whether or not to a particular person; and\nmake available for access, whether or not to a particular person; and\nenter into an agreement or arrangement to do a thing mentioned in paragraph (a) or (b) ; and\nattempt to distribute.\npublish means publish to the public by television, radio, the internet, newspaper, periodical, notice, circular or other form of communication.\nvisual recording includes a photograph.\n(sec.16-ssec.1) This section applies in relation to a recording (a restricted recording ) that— is an audio or visual recording of a person while the person is in, or entering or leaving, termination services premises; and contains information that identifies, or is likely to lead to the identification of, the person.\n(sec.16-ssec.2) A person must not, without reasonable excuse, make a restricted recording of another person without the other person’s consent. It may be a reasonable excuse for the occupier of premises to make a restricted recording of persons in or near the premises, without the persons’ consent, for security purposes. Maximum penalty—20 penalty units or 1 year’s imprisonment.\n(sec.16-ssec.3) A person must not, without reasonable excuse, publish or distribute a restricted recording of another person without the other person’s consent. Maximum penalty—20 penalty units or 1 year’s imprisonment.\n(sec.16-ssec.4) Subsections (2) and (3) do not apply to a police officer doing a thing in the course of performing the officer’s duties.\n(sec.16-ssec.5) In this section— distribute includes— communicate, exhibit, send, supply or transmit (including by live streaming), whether or not to a particular person; and make available for access, whether or not to a particular person; and enter into an agreement or arrangement to do a thing mentioned in paragraph (a) or (b) ; and attempt to distribute. publish means publish to the public by television, radio, the internet, newspaper, periodical, notice, circular or other form of communication. visual recording includes a photograph.\n- (a) is an audio or visual recording of a person while the person is in, or entering or leaving, termination services premises; and\n- (b) contains information that identifies, or is likely to lead to the identification of, the person.\n- (a) communicate, exhibit, send, supply or transmit (including by live streaming), whether or not to a particular person; and\n- (b) make available for access, whether or not to a particular person; and\n- (c) enter into an agreement or arrangement to do a thing mentioned in paragraph (a) or (b) ; and\n- (d) attempt to distribute.","sortOrder":23},{"sectionNumber":"pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":24},{"sectionNumber":"sec.17","sectionType":"section","heading":"Evidentiary aids","content":"### sec.17 Evidentiary aids\n\nFor a proceeding for an offence against part 4 , division 2 , a certificate purporting to be signed by the chief executive and stating either of the following matters is evidence of the matter—\nstated premises are termination services premises;\na stated place is in the safe access zone for stated termination services premises.\n- (a) stated premises are termination services premises;\n- (b) a stated place is in the safe access zone for stated termination services premises.","sortOrder":25},{"sectionNumber":"sec.18","sectionType":"section","heading":"Regulation-making power","content":"### sec.18 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":26}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2018 Act focused on medical practitioners performing terminations and creating safe access zones. Subsequent amendments (2022 and 2024) meaningfully expanded scope by: (1) adding nurses and midwives as authorised providers of medical (medication-based) terminations; (2) introducing formal provisions for health students assisting in terminations; and (3) adding explicit conscientious objection rules for students. The core framework remained intact, but the practitioner base eligible to provide services was significantly broadened beyond the original intent."},"complexity_factors":["Multiple categories of health practitioners with different legal permissions (doctors, nurses, midwives, students)","Cross-references to other legislation (Medicines and Poisons Act 2019, Health Practitioner Regulation National Law, Peaceful Assembly Act 1992, Health Ombudsman Act 2013)","Tiered legal framework based on gestational age (different rules before and after 22 weeks)","Nuanced conscientious objection provisions with mandatory referral obligations and emergency override","Safe access zone offences require assessment of whether conduct is 'reasonably likely to deter' — a subjective standard requiring interpretation","Recording offences involve layered definitions (what counts as 'distribute', 'publish', 'restricted recording')","Regulatory flexibility allowing government to vary safe access zone distances for specific premises","Multiple 2022 and 2024 amendments expanding practitioner categories and scope, creating interpretive complexity"],"plain_english_summary":"Queensland’s Termination of Pregnancy Act 2018 legalises termination as a health service, clarifying who may provide it (doctors up to 22 weeks; after 22 weeks two doctors’ agreement except in emergencies; qualified nurses and midwives may give medical terminations where authorised). It requires objecting practitioners to inform and refer patients but to provide emergency care, creates 150‑metre safe access zones around clinics with criminal penalties for harassment or recording, and protects people who seek, assist with, or undergo terminations from prosecution."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act as presented incorporates amendments (noted 2022 and 2024) that materially changed scope: it decriminalises self‑termination (s10); adds a 22‑week rule and a post‑22‑week second‑opinion requirement with an emergency exception (s5–6); authorises certain midwives, nurses and prescribed practitioners to perform medical terminations if authorised under the Medicines and Poisons Act (s6A); clarifies who may assist and under what supervision (s7); adds student conscience disclosure (s8A); and establishes safe‑access zones with default 150m distance subject to regulation (ss14–16). These changes broaden who may lawfully provide services and create new regulatory dependencies and administrative discretion (ss14(3)–(4), 17–18)."},"complexity_factors":["Clinical thresholds and decision rules: unconditional authorisation up to 22 weeks (s5) and a discretion-plus-second-opinion framework after 22 weeks with emergency exception (s6).","Extension of performer pool contingent on external authorisation: midwives, nurses and other prescribed practitioners may perform medical terminations only if authorised under Medicines and Poisons Act s54 (s6A).","Supervision and training constraints for students and assisting practitioners: narrow delegation and supervision conditions and an exclusion where the procedure is outside authorised pathways (s7).","Conscientious objection mechanics require disclosure and, for requests to act or advise, referral or transfer to a believed-able provider or service (s8); student objection requires disclosure (s8A).","Safe access zone rules define geographic limits (default 150m, adjustable by regulation) and criminalise visible/audible conduct relating to terminations likely to deter specified actions; includes recording/publishing prohibitions with penalties (ss14–16).","Penalty structure and exceptions: criminal penalties (up to 20 penalty units or 1 year imprisonment) but carve-outs for employees, occupiers’ security recordings and police duties (ss15–16).","Interacting regulatory frameworks and evidentiary aids: references to the Medicines and Poisons Act, Health Practitioner Regulation National Law (Queensland) and Health Ombudsman Act 2013, plus certificate evidence by chief executive (s17), increase cross‑instrument complexity.","Administrative discretion: Minister can recommend regulation to alter safe‑access distances and Governor in Council may make broader regulations (ss14(3)–(4), 18).","Amendment history embedded in text (2022, 2024) alters substantive scope and practitioner roles, creating transitional and interpretive complexity across versions."],"plain_english_summary":"This Act sets out who may lawfully perform or assist with terminations, the clinical checks required after 22 weeks, and when non‑medical practitioners (certain nurses and midwives) may carry out medical terminations if authorised under the Medicines and Poisons Act (s6, s6A). It removes criminal liability for self‑termination (s10), creates safe‑access zones with prohibited conduct and recording bans (pt4 div2), requires disclosure and referral for conscientious objectors (s8), and provides regulation and evidentiary powers (ss17–18)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2018 Act primarily dealt with medical practitioners performing terminations and safe access zones. The 2024 amendments (No. 7) significantly expanded the scope by adding section 6A, which allows midwives, nurses and other prescribed practitioners to perform medical terminations (medication abortions). This broadened the Act from being doctor-centric to including a wider range of health practitioners, effectively expanding access to termination services beyond the original medical practitioner framework."},"complexity_factors":["Moderate cross-referencing to the Medicines and Poisons Act 2019 for medical terminations","Conditional logic for gestational limits (22-week threshold with different requirements)","Nested exceptions (emergency exception to the 22-week consultation requirement)","Multiple defined terms in Schedule 1 (dictionary referenced but not shown in extract)","Safe access zone provisions require interpretation of 'reasonably likely to deter' and 'could reasonably be perceived'","Conscientious objection provisions create duties to refer/transfer care with specific conditions"],"plain_english_summary":"This is the Queensland **Termination of Pregnancy Act 2018**, which sets out the rules for accessing and performing abortions (called 'terminations' in the Act) in Queensland.\n\n**What it does:**\n\n*   **Legalises abortion** by authorising registered health practitioners to perform terminations under specific conditions.\n*   **Sets gestational limits:**\n    *   **Up to 22 weeks:** A medical practitioner (doctor) can perform a termination without additional requirements.\n    *   **After 22 weeks:** A doctor can perform a termination only if they believe it should be performed considering all circumstances, and they must consult with another doctor who agrees. In emergencies (to save the pregnant person's life or another unborn child's life), these requirements don't apply.\n*   **Expands who can provide care:** Midwives, nurses, and other prescribed health practitioners can now perform 'medical terminations' (using medication) if authorised under the Medicines and Poisons Act 2019.\n*   **Protects conscientious objectors:** Health practitioners and students who object to abortion on moral or religious grounds must disclose this objection and refer the patient to someone who can help, but they don't have to participate in the procedure itself. This doesn't apply in emergencies.\n*   **Creates safe access zones:** Establishes 150-metre buffer zones around abortion clinics (called 'termination services premises') where certain behaviour is prohibited. This includes conduct likely to deter people from entering the clinic or having an abortion, and making or sharing recordings that identify people entering or leaving.\n*   **Decriminalises self-termination:** A person who performs or assists in their own termination does not commit an offence.\n\n**Who it affects:**\n\n*   People seeking abortions in Queensland\n*   Doctors, nurses, midwives, and other registered health practitioners\n*   Students training in health professions\n*   People protesting or gathering near abortion clinics\n\n**Why it matters:**\n\nThis Act moved Queensland from a criminal law framework (where abortion was technically illegal except to save the mother's life) to a health law framework, treating abortion as a healthcare service. It balances access to safe, legal abortion with protections for healthcare workers who have moral objections, while also protecting patient privacy and safety through safe access zones."}},"importantCases":[],"_links":{"self":"/api/acts/termination-of-pregnancy-act-2018","history":"/api/acts/termination-of-pregnancy-act-2018/history","analysis":"/api/acts/termination-of-pregnancy-act-2018/analysis","conflicts":"/api/acts/termination-of-pregnancy-act-2018/conflicts","importantCases":"/api/acts/termination-of-pregnancy-act-2018/important-cases","documents":"/api/acts/termination-of-pregnancy-act-2018/documents"}}