{"id":"termination-of-pregnancy-act-2021","name":"Termination of Pregnancy Act 2021","slug":"termination-of-pregnancy-act-2021","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110501,"registerId":"sa-termination-of-pregnancy-act-2021-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Termination of Pregnancy Act 2021","content":"South Australia\nTermination of Pregnancy Act 2021\nAn Act to reform the law relating to pregnancy terminations and to regulate the conduct of health practitioners in relation to pregnancy terminations.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tInteraction with other Acts\nPart 2—Termination of pregnancies\nDivision 1—Lawful termination of pregnancies\n5\tTerminations may be lawfully performed in South Australia\n6\tTerminations by medical practitioner after 22 weeks and 6 days\n7\tCare of person born after termination\n8\tRequirement for information about counselling\n9\tMandatory considerations for medical practitioners performing terminations after 22 weeks and 6 days\n10\tRegistered health practitioners who may assist\n11\tRegistered health practitioner with conscientious objection\n12\tHealth practitioner must not terminate pregnancy for sex selection\n13\tProtection from liability\nDivision 2—Offences relating to unlawful termination of pregnancies\n14\tTermination of pregnancy by unqualified person\n15\tDPP's consent required for prosecution under Part\nDivision 3—Protection from criminal liability\n16\tPerson does not commit offence for termination on themselves\nPart 3—Miscellaneous\n17\tConduct and performance of registered health practitioners\n18\tRestrictions on publication of certain information\n19\tConfidentiality\n20\tAnnual report\n21\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Termination of Pregnancy Act 2021.\n3—Interpretation\nIn this Act, unless the contrary intention appears—\nassist in a termination includes—\n\t(a)\tobtaining on behalf of, or supplying to, another person a drug or other substance for use in a termination; and\n\t(b)\tany other act that directly and materially aids in the performance of a termination,\nbut does not include acts of a kind prescribed by the regulations;\nDepartment means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Health Care Act 2008;\nhospital has the same meaning as in the Health Care Act 2008;\nincorporated health service has the same meaning as in the Health Care Act 2008;\nmedical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession, other than as a student;\nprescribed hospital means a hospital, or hospital of a class, prescribed by the regulations;\nprivate day procedure centre has the same meaning as in the Health Care Act 2008;\nprivate hospital has the same meaning as in the Health Care Act 2008;\nregistered health practitioner means—\n\t(a)\ta medical practitioner; or\n\t(b)\tany other person registered under the Health Practitioner Regulation National Law to practise in a health profession, other than as a student;\ntermination means an intentional termination of a pregnancy in any way, including, for example, by—\n\t(a)\tadministering or prescribing a drug or other substance; or\n\t(b)\tusing a medical instrument or other thing,\nand perform a termination and to terminate have corresponding meanings.\n4—Interaction with other Acts\nThis Act is in addition to and does not limit or derogate from the provisions of the Consent to Medical Treatment and Palliative Care Act 1995, the Controlled Substances Act 1984 or any other Act.\nPart 2—Termination of pregnancies\nDivision 1—Lawful termination of pregnancies\n5—Terminations may be lawfully performed in South Australia\n\t(1)\tA termination may be performed on a person if—\n\t(a)\tin the case of a termination performed by a medical practitioner acting in the ordinary course of the practitioner's profession—the termination is performed on a person who is not more than 22 weeks and 6 days pregnant; or\n\t(b)\tin the case of a termination performed by any other registered health practitioner acting in the ordinary course of the practitioner's profession—\n\t(i)\tthe termination is performed by administering a prescription drug or by prescribing a drug; and\n\t(ii)\tthe registered health practitioner is authorised to prescribe the drug under section 18 of the Controlled Substances Act 1984.\n\t(2)\tA medical practitioner may perform a termination on a person who is more than 22 weeks and 6 days pregnant if—\n\t(a)\tthe medical practitioner is acting in the ordinary course of the practitioner's profession; and\n\t(b)\tthe termination is performed in accordance with section 6.\n6—Terminations by medical practitioner after 22 weeks and 6 days\n\t(1)\tA medical practitioner may perform a termination on a person who is more than 22 weeks and 6 days pregnant if—\n\t(a)\tthe medical practitioner considers that, in all the circumstances—\n\t(i)\tthe termination is necessary to save the life of the pregnant person or save another foetus; or\n\t(ii)\tthe continuance of the pregnancy would involve significant risk of injury to the physical or mental health of the pregnant person; or\n\t(iii)\tthere is a case, or significant risk, of serious foetal anomalies associated with the pregnancy; and\n\t(b)\ta second medical practitioner is consulted and that practitioner considers that, in all the circumstances—\n\t(i)\tthe termination is necessary to save the life of the pregnant person or save another foetus; or\n\t(ii)\tthe continuance of the pregnancy would involve significant risk of injury to the physical or mental health of the pregnant person; or\n\t(iii)\tthere is a case, or significant risk, of serious foetal anomalies associated with the pregnancy; and\n\t(c)\tthe termination is performed at a prescribed hospital.\n\t(2)\tIn considering whether a termination is medically appropriate, a medical practitioner must consider—\n\t(a)\tall relevant medical circumstances; and\n\t(b)\tthe professional standards and guidelines that apply to the medical practitioner in relation to the performance of the termination.\n\t(3)\tWithout limiting section 13 of the Consent to Medical Treatment and Palliative Care Act 1995, a medical practitioner may, in an emergency, perform a termination on a person who is more than 22 weeks and 6 days pregnant, without complying with paragraphs (b) and (c) of subsection (1).\n7—Care of person born after termination\n\t(1)\tThis section applies if a termination results in a person being born.\n\t(2)\tNothing 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\t(a)\tclinically safe, and\n\t(b)\tappropriate to the person's medical condition.\n\t(3)\tTo 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.\n8—Requirement for information about counselling\n\t(1)\tBefore performing a termination on a person, a registered health practitioner must provide all necessary information to the person about access to counselling, including publicly-funded counselling.\n\t(2)\tA registered health practitioner may, in an emergency, perform a termination on a person without complying with subsection (1).\n9—Mandatory considerations for medical practitioners performing terminations after 22 weeks and 6 days\nIn assessing matters for the purposes of section 6(1), a medical practitioner must, when determining whether to perform a termination, have regard to the following:\n\t(a)\twhether it is essential to perform a termination of an affected foetus in a multiple pregnancy at a gestation that does not risk severe prematurity and its attendant consequences for the surviving foetus;\n\t(b)\twhether there are serious foetal abnormalities that were not identifiable, diagnosed or fully evaluated before the pregnancy reached 22 weeks and 6 days, including but not limited to abnormalities involving the brain, heart, renal and skeletal systems, or whether the foetus has been exposed to infective agents which may damage or limit the gestation and development of the foetus;\n\t(c)\twhether the patient has had difficulty accessing timely and necessary specialist services before the pregnancy reached 22 weeks and 6 days, including but not limited to patients experiencing significant socio‑economic disadvantage, cultural or language barriers and those who reside in remote locations;\n\t(d)\twhether a patient has been denied agency over the decision to continue a pregnancy or not, including (but not limited to) the abuse of minors and vulnerable adults to sexual and physical violence including rape, incest and sexual slavery;\n\t(e)\twhether the abuse outlined in paragraph (d) includes circumstances in which such abuse is not apparent, or the pregnancy is not diagnosed until an advanced gestational age;\n\t(f)\twhether medical or psychiatric conditions may become apparent or deteriorate during the pregnancy to the point where they are a threat to the patient's life;\n\t(g)\twhether the patient has a deteriorating maternal medical condition, or late diagnosis of a disease requiring treatment incompatible with an ongoing pregnancy (such as malignancies).\n10—Registered health practitioners who may assist\nA registered health practitioner who performs a termination that is authorised by this Act may be assisted by a registered health practitioner acting in the ordinary course of the practitioner's profession.\n11—Registered health practitioner with conscientious objection\n\t(1)\tThis section applies if—\n\t(a)\ta person (the first person) asks a registered health practitioner to—\n\t(i)\tperform a termination on another person; or\n\t(ii)\tassist in the performance of a termination on another person; or\n\t(iii)\tmake a decision under this Act whether a termination on another person should be performed; or\n\t(iv)\tadvise the first person about the performance of a termination on another person; and\n\t(b)\tthe practitioner has a conscientious objection to the performance of the termination.\n\t(2)\tThe 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\t(3)\tIf 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\t(a)\tgive 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\t(b)\ttransfer the person's care to—\n\t(i)\tanother 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\t(ii)\ta 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\t(4)\tFor 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 Minister for the purposes of that paragraph.\nNote—\nThe information to be approved by the Minister is to consist of contact details for a SA 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\t(5)\tThis section does not limit any duty owed by a registered health practitioner to provide a service in an emergency.\n12—Health practitioner must not terminate pregnancy for sex selection\n\t(1)\tSubject to subsection (2), a registered health practitioner must not perform a termination of a pregnancy for the purposes of sex‑selection.\n\t(2)\tSubsection (1) does not apply to the performance of a termination if the registered health practitioner is satisfied that there is a substantial risk that the person born after the pregnancy (but for the termination) would suffer a sex‑linked medical condition that would result in serious disability to that person.\n13—Protection from liability\n\t(1)\tA registered health practitioner who performs a termination in accordance with this Act, or a registered health practitioner who assists or is otherwise involved in such a termination—\n\t(a)\tincurs no criminal liability for an act or omission in so doing; and\n\t(b)\tincurs no civil liability for an act or omission in so doing, provided that the act or omission was done or made in good faith and without negligence.\n\t(2)\tA registered health practitioner who, in accordance with section 11, refuses to—\n\t(a)\tperform a termination on a person; or\n\t(b)\tassist in the performance of a termination on a person; or\n\t(c)\tprovide advice to a person about the performance of a termination,\nincurs no civil liability for an act or omission in so doing.\n\t(3)\tFor the purposes of this section, a reference to the civil liability of a person includes a reference to liability arising under disciplinary proceedings or similar proceedings.\nDivision 2—Offences relating to unlawful termination of pregnancies\n14—Termination of pregnancy by unqualified person\n\t(1)\tAn unqualified person who performs a termination on another person commits an offence.\nMaximum penalty: 7 years imprisonment.\n\t(2)\tAn unqualified person who assists in the performance of a termination on another person commits an offence.\nMaximum penalty: 5 years imprisonment.\n\t(3)\tIn this section—\nunqualified person means—\n\t(a)\tin relation to the performance of a termination under subsection (1)—a person who is not a registered health practitioner authorised under this Act to perform a termination; or\n\t(b)\tin relation to assisting in the performance of a termination under subsection (2)—a person who is not a registered health practitioner acting in the ordinary course of the practitioner's profession.\n15—DPP's consent required for prosecution under Part\nA prosecution for an offence against this Part cannot be commenced without the Director of Public Prosecution's written consent.\nDivision 3—Protection from criminal liability\n16—Person does not commit offence for termination on themselves\nDespite any other Act or law, a person who consents to, assists in or performs, or attempts to perform, a termination on themselves does not commit an offence.\nPart 3—Miscellaneous\n17—Conduct and performance of registered health practitioners\n\t(1)\tIn 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\t(a)\tterminates a pregnancy other than as authorised under section 5, 6 or 9; or\n\t(b)\tassists another registered health practitioner to terminate a pregnancy other than as authorised under section 10; or\n\t(c)\tcontravenes section 8; or\n\t(d)\tcontravenes section 11; or\n\t(e)\tcontravenes section 12.\n\t(2)\tFor the purposes of subsection (1)(b), a person assists another registered health practitioner to terminate a pregnancy if the person—\n\t(a)\tobtains on behalf of, or supplies to, another person a drug or other substance for the purposes of the termination; or\n\t(b)\ttakes any other step to organise or facilitate, or otherwise takes part in, the termination.\n\t(3)\tThe matters to which subsection (1) applies include the following:\n\t(a)\ta notification under the Health Practitioner Regulation National Law (South Australia) Act 2010;\n\t(b)\ta complaint under the Health and Community Services Complaints Act 2004.\n\t(4)\tThis Act does not limit any duty a registered health practitioner has to comply with professional standards or guidelines that apply to health practitioners.\n18—Restrictions on publication of certain information\nSubject to this or any other Act or law, a person engaged or formerly engaged in connection with the operation of this Act must not publish information or data (however described) that identifies, or contains information tending to identify the name or address of a person who has sought or received a termination.\nMaximum penalty: \n\t(a)\tin the case of a natural person—$50 000;\n\t(b)\tin the case of a body corporate—$120 000.\n19—Confidentiality\n\t(1)\tA person engaged or formerly engaged in connection with the operation of this Act must not disclose personal information relating to a person obtained while so engaged except to the extent that they may be authorised or required to disclose that information—\n\t(a)\tby the Chief Executive or their employer; or\n\t(b)\tin the case of information obtained while working at an incorporated hospital, incorporated health service or SAAS—by the hospital, the health service or SAAS (as the case requires).\nMaximum penalty: $10 000.\n\t(2)\tSubsection (1) does not prevent a person from—\n\t(a)\tdisclosing information as required or authorised by or under law; or\n\t(b)\tdisclosing information at the request, or with the consent, of—\n\t(i)\tthe person to whom the information relates; or\n\t(ii)\ta guardian of the person to whom the information relates; or\n\t(iii)\ta medical agent of the person to whom the information relates; or\n\t(iv)\ta substitute decision-maker for the person to whom the information relates (within the meaning of the Advance Care Directives Act 2013); or\n\t(c)\tsubject to the regulations (if any)—\n\t(i)\tdisclosing information to a health or other service provider if the disclosure is reasonably required for the treatment, care or rehabilitation of the person to whom the information relates; or\n\t(ii)\tdisclosing information by entering the information into an electronic records system established for the purpose of enabling the recording or sharing of information between persons or bodies involved in the provision of health services; or\n\t(iii)\tdisclosing information to such extent as is reasonably required in connection with the management or administration of a hospital, an incorporated health service or SAAS (including for the purposes of charging for a service); or\n\t(d)\tdisclosing information for medical or social research purposes if the research methodology had been approved by an ethics committee and there is no reason to believe that the disclosure would be contrary to the person's best interests; or\n\t(e)\tdisclosing information in accordance with the regulations.\n\t(3)\tInformation that has been disclosed under subsection (2) for a particular purpose must not be used for any other purpose by—\n\t(a)\tthe person to whom the information was disclosed; or\n\t(b)\tany other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure.\nMaximum penalty: $10 000.\n\t(4)\tThe regulations may make further provision in respect of the disclosure of information obtained in the course of the administration of this Act.\n\t(5)\tFor the purposes of this section, a reference to a person engaged in connection with the operation of this Act includes a reference to a person engaged in connection with the operation of the Health Care Act 2008 under section 93(1) of that Act.\n\t(6)\tIn this section—\nChief Executive has the same meaning as in the Health Care Act 2008;\npersonal information means information or an opinion, whether true or not, relating to a natural person or the affairs of a natural person whose identity is apparent, or can reasonably be ascertained, from the information or opinion;\nSAAS has the same meaning as in the Health Care Act 2008.\n20—Annual report\n\t(1)\tThe Minister must, on or before 30 April in each year, ensure that a report relating to services provided in connection with the performance of terminations for the last calendar year is prepared and provided to the Minister.\n\t(2)\tThe report must contain—\n\t(a)\tinformation in relation to each termination performed in the calendar year which must include the age of the pregnant person and the gestational age of the foetus at the time of the termination; and\n\t(b)\tother information (including data and statistics) of a kind prescribed by regulation or determined by the Minister.\n\t(3)\tThe Minister must, within 12 sitting days after receiving a report under this section, cause copies of the report to be laid before both Houses of Parliament.\n21—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\trequire any registered health practitioner, hospital, incorporated health service or private day procedure centre to collect and provide the Minister, the Department, or an attached office attached to the Department with data and statistics in relation to services connected with the performance of terminations; and\n\t(b)\trequire reports or information of any other kind to be provided to the Minister, the Department, or an attached office attached to the Department.\n\t(3)\tThe regulations may—\n\t(a)\tmake different provision according to the persons, things or circumstances to which they are expressed to apply; and\n\t(b)\tbe of general or limited application; and\n\t(c)\tprovide that a matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister or another prescribed authority; and\n\t(d)\tmake provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act or on the making of regulations under this Act.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Termination of Pregnancy Act 2021 amended the following:\nCriminal Law Consolidation Act 1935\nIntervention Orders (Prevention of Abuse) Act 2009\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2021\n7\nTermination of Pregnancy Act 2021 \n11.3.2021\n7.7.2022 (Gazette 23.6.2022 p1919)\n2025\n69\nStatutes Amendment (Health and Wellbeing) Act 2025\n4.12.2025\nPt 14 (ss 68 to 70)—4.12.2025: s 2(1)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n4.12.2025\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n4.12.2025\ns 3\n\n\nincorporated health service\ninserted by 69/2025 s 68\n4.12.2025\nPt 3\n\n\ns 19\n\n\ns 19(1)\namended by 69/2025 s 69(1), (2)\n4.12.2025\ns 19(2)\namended by 69/2025 s 69(3)\n4.12.2025\ns 21\n\n\ns 21(2)\namended by 69/2025 s 70\n4.12.2025\nSch 1\nomitted under Legislation Revision and Publication Act 2002\n4.12.2025\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislation text was not available in the content provided. Only a 'Page Not Found' error from the South Australian legislation website was returned. No comparison between original intent and enacted provisions is possible."},"complexity_factors":["No legislative content was retrievable — only a website error page was provided","Cannot assess complexity without the actual text of the Act","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"⚠️ **No legislation content could be retrieved.**\n\nThe link provided for the *Termination of Pregnancy Act 2021* (South Australia) returned a **\"Page Not Found\" error** from the South Australian legislation website. This appears to be a broken or outdated URL, likely affected by a website update that occurred on **24 March 2026**.\n\n**What this means for you:** The actual text of the Act — including its rules, rights, and obligations — could not be analysed. No substantive legal information about this Act can be provided based on the content supplied.\n\n**What you can do:**\n- Visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for the *Termination of Pregnancy Act 2021*\n- Report the broken link to OPCWeb@sa.gov.au\n- Update any bookmarks created before 24 March 2026"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act changes the prior legal scope by authorising terminations in specified circumstances (general authorisation to 22 weeks + 6 days and conditional authorisation thereafter) and by removing criminal exposure for self‑termination (s 5; s 6; s 16). It establishes new regulatory duties on practitioners and institutions (counselling s 8; reporting s 20; confidentiality s 19), creates offences for unqualified providers (s 14) and vests broad regulatory discretion in the Governor/Minister (s 21), thereby replacing a primarily criminal regime with a regulated health framework."},"complexity_factors":["Gestational threshold with distinct rules (permitted generally to 22 weeks + 6 days; additional safeguards after that) (ss 5–6).","Second‑opinion and prescribed‑hospital requirement for later terminations, plus emergency exception (s 6(1)–(3)).","Broad definition of 'assist' and liability rules that capture supply or facilitation, increasing compliance scope for non‑medical staff (definition of assist; ss 10, 14, 17(2)).","Conscientious‑objection regime requiring timely disclosure and active referral or transfer obligations, with a minister‑approved information alternative (s 11).","Criminal offences and heavy penalties for unqualified providers and for unlawful publication of identifying information, with DPP consent required to prosecute (ss 14, 15, 18).","Data collection and annual reporting obligations requiring detailed case data (including age and gestation) to be provided to the Minister (s 20; reg power s 21(2)).","Confidentiality limits and specified authorised disclosures (including research and health‑service sharing) with monetary penalties for breaches (s 19).","Wide regulation‑making power enabling delegated discretion and differing obligations by class or circumstance (s 21(2)–(3))."],"plain_english_summary":"This Act reforms South Australian law to allow and regulate intentional pregnancy terminations: medical practitioners may perform terminations up to 22 weeks and 6 days; registered health practitioners may prescribe or administer authorised abortifacients; later terminations are allowed if two medical practitioners concur and the procedure occurs at a prescribed hospital.  It affects pregnant people, registered health practitioners and hospitals by imposing counselling, reporting, confidentiality and conscientious‑objection duties, protecting practitioners acting under the Act, and creating offences and penalties for unqualified providers."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of reforming abortion law and regulating health practitioner conduct in relation to pregnancy terminations. The 2025 amendments (Statutes Amendment (Health and Wellbeing) Act 2025) are minor technical amendments adding 'incorporated health service' to definitions and updating confidentiality provisions, without expanding the scope beyond the original intent."},"complexity_factors":["Moderate length (21 sections plus interpretation provisions)","12 defined terms in section 3, with several terms borrowed from other Acts (Health Care Act 2008, Health Practitioner Regulation National Law)","Nested conditional logic in sections 5 and 6 with multiple thresholds (22 weeks and 6 days gestation) and alternative pathways","Cross-references to at least 4 other Acts (Consent to Medical Treatment and Palliative Care Act 1995, Controlled Substances Act 1984, Health Care Act 2008, Health Practitioner Regulation National Law)","Specific mandatory considerations in section 9 (7 detailed factors for late-term terminations)","Dual consent requirement for late-term terminations (two medical practitioners)","Exception to the dual consent requirement for emergencies (section 6(3))","Conscientious objection framework with specific procedural steps (section 11)","Multiple confidentiality and publication restrictions with penalty provisions (sections 18-19)","Regulation-making powers that delegate significant detail to subordinate legislation (section 21)"],"plain_english_summary":"**What this law does:**\n\nThis is South Australia's law that decriminalises abortion (called \"termination of pregnancy\" in the Act) and sets out when and how it can be legally performed. Before this law, abortion was a crime in South Australia in most circumstances.\n\n**Who it affects:**\n\n- **Pregnant people** seeking to end a pregnancy\n- **Medical practitioners** (doctors) and other **registered health practitioners** (nurses, midwives, etc.) who perform or assist with terminations\n- **Hospitals and health services** where terminations are performed\n\n**Key rules:**\n\n- **Up to 22 weeks and 6 days:** A medical practitioner can perform a termination in the ordinary course of their work. Other registered health practitioners (like nurse practitioners) can also prescribe or administer drugs for termination if authorised.\n\n- **After 22 weeks and 6 days:** Stricter rules apply. Two medical practitioners must agree that the termination is necessary because:\n  - It will save the pregnant person's life or another foetus's life, **or**\n  - Continuing the pregnancy would risk significant injury to the pregnant person's physical or mental health, **or**\n  - There are serious foetal anomalies (problems with the baby).\n  \n  The procedure must also happen at a prescribed hospital (a hospital specifically approved for this).\n\n- **Emergency exception:** In emergencies, a doctor can perform a late termination without getting a second opinion or using a prescribed hospital.\n\n- **Counselling:** Health practitioners must tell patients about available counselling (including free counselling) before performing a termination, unless it's an emergency.\n\n- **Conscientious objection:** Health practitioners who object to abortion on moral or religious grounds must tell the patient promptly and help them find another practitioner who doesn't object.\n\n- **Sex selection:** Terminations cannot be performed just to choose the sex of the baby, unless there's a serious sex-linked medical condition that would cause disability.\n\n- **Protections:** Qualified health practitioners acting in good faith are protected from criminal and civil liability. Patients cannot be prosecuted for self-terminating.\n\n- **Privacy:** Strict confidentiality rules protect patient information, with heavy fines for unauthorised disclosure.\n\n**Why it matters:**\n\nThis law moves abortion from the criminal law into health law, treating it as a medical procedure rather than a crime. It balances access to abortion with safeguards for later-term procedures, protects patient privacy, and respects health practitioners' conscience rights while ensuring patients can still access care."}},"importantCases":[],"_links":{"self":"/api/acts/termination-of-pregnancy-act-2021","history":"/api/acts/termination-of-pregnancy-act-2021/history","analysis":"/api/acts/termination-of-pregnancy-act-2021/analysis","conflicts":"/api/acts/termination-of-pregnancy-act-2021/conflicts","importantCases":"/api/acts/termination-of-pregnancy-act-2021/important-cases","documents":"/api/acts/termination-of-pregnancy-act-2021/documents"}}