Compliance requires aligning clinical practice, administrative processes, perimeter management and documentation with the Act’s text. The following actions correspond directly to statutory requirements and the statutory delegation framework.
Clinical practice and documentation
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For terminations at not more than 16 weeks, ensure a medical practitioner with the woman’s consent performs the termination, and document consent contemporaneously (s 4). Maintain records that evidence the practitioner’s authority and the woman’s informed consent.
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For terminations after 16 weeks, ensure two medical practitioners are involved and that at least one is a specialist in obstetrics or gynaecology (s 5(1), (3)). Record each practitioner’s reasonable belief that continuation would involve greater risk of injury to the woman’s physical or mental health than termination, and document the consultation between the practitioners. Ensure the assessment records consideration of physical, psychological, economic and social circumstances as required by s 5(2).
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Maintain clear policies about the role of nurses and midwives: although administration of drugs by a nurse or midwife acting under direction is excluded from the Act’s definition of “terminate” (s 3(1)(e)), s 6(4) requires nurses and midwives to assist a medical practitioner in performing an emergency termination necessary to save life or prevent serious physical injury. Train staff on emergency protocols and ensure clinical responsibility for emergency terminations is understood and that such events are documented.
Conscientious objection and referral duties
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If a medical practitioner has a conscientious objection, prepare processes to provide a list of prescribed health services to a woman who seeks a termination or advice on pregnancy options when the practitioner becomes aware of that request (s 7(2)). Because the list is to be of “prescribed health services,” ensure that the list used is the one prescribed by regulation; monitor the regulations and update clinic referral lists promptly when regulations change.
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Establish clear triage to avoid the conscientious objection duty being applied in emergency cases where the practitioner has the duty to perform the termination (s 6(3), s 7(3)).
Access‑zone and perimeter compliance
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Identify the geographical perimeter that constitutes a 150‑metre radius access zone around premises where terminations are provided, and mark or record the perimeter for staff and security use (s 9(1)). Implement security procedures to prevent prohibited behaviour within this zone, including procedures to discourage or respond to besetting, harassing, intimidating or obstructive conduct (s 9(1)(a)).
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Train staff and security to prevent and respond to recording without consent. Ensure signage and public communications make clear that recording people accessing the premises without their consent is prohibited; implement protocols for handling recordings (s 9(1)(d), (4)). Where security cameras are used, ensure footage retention and access comply with the Act and with any relevant regulations; secure informed consent processes where recordings may capture identifiable persons arriving at premises.
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Avoid publishing or distributing any recording of a person accessing or attempting to access the premises without consent (s 9(4)). If recordings are seized by police pursuant to s 9(5), cooperate with seizure processes and follow chain‑of‑custody and evidentiary protocols.
Enforcement interface and documentation
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Be cognisant that only police officers or the Secretary of the Department (or an authorised person) may institute proceedings under this Part (s 10(1)). For compliance incidents, record all facts promptly and, where necessary, notify police or the Department as appropriate.
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Time‑stamp and preserve evidence promptly if an alleged offence occurs; prosecutions must be instituted within 24 months of the alleged offence (s 10(2)).
Infringement notices and age considerations
- If the Department or police intend to issue infringement notices, ensure the recipient is at least 16 years old; infringement notices may not be served on individuals under 16 (s 11(3)). Ensure any infringement notice conforms with the Monetary Penalties Enforcement Act 2005 s 14 form and procedural requirements (s 11(4)).
Regulatory monitoring and adaptation
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Monitor regulations under s 12 for the identity of “prescribed health services”, for offences designated as infringement offences and for any differential applications or delegations of authority. Regulations may authorise determinations by specified persons or bodies (s 12(3)), so identify any delegated decision‑makers and their published procedures.
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Keep records of compliance with delegated determinations and ensure that any staff or external bodies acting under delegated powers have appropriate authorisations and that those delegations are regularly reviewed.
Security, privacy and staff training
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Implement staff training that covers: the content and limits of conscientious objection (s 6); emergency duties (s 6(3)-(4)); the referral duty (s 7(2)); access‑zone boundaries and prohibited behaviours (s 9); how to deal with recording and publication requests; and interaction with police powers (s 9(5)-(9)).
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Establish privacy and consent protocols for patients and visitors, and ensure that security measures (including CCTV) are consistent with the Act’s prohibitions and with the clinic’s obligation to protect patients’ anonymity and safety.
Administrative alignment
- Ensure departmental and ministerial lines are clear. Administration is assigned to the Minister for Health and the Department of Health and Human Services until orders under the Administrative Arrangements Act 1990 provide otherwise (s 17). Confirm any delegation or authorisation instruments issued by the Secretary for instituting proceedings or other delegated functions, and maintain a record of those authorisations.
By aligning clinical protocols, perimeter management, staff training, referral lists and evidence preservation with the statutory text and with any regulations made under the Act, providers and administrators can operationalise compliance. Regularly update policies to reflect regulations made under s 12 and any ministerial or departmental authorisations related to enforcement and administration.