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Improved Abortion Access in the ACT

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This article applies to health service providers who provide abortion.

Health (Improved Abortion Access) Amendment Bill 2024 (ACT)

On 25 June 2024, the Health (Improved Abortion Access) Amendment Bill 2024 (ACT) (the Bill) passed the ACT Parliament and commenced on 9 July 2024.

Operationally Significant Changes

The Bill inserts a range of amendments into the Health Act 1993 (ACT) (the Act). The most significant changes (from an operational perspective), include:

  • the offence of unauthorised supply or administration of abortifacient expands the range of persons exempted from the offence; and
  • the new Health Regulation 2024 (ACT) (the Regulation) prescribes an authorised midwife as being able to supply or administer abortifacient for the purposes of section 81(1)(c)(iii) of the Act.
Further information

The Bill intends to improve access to abortions by expanding the prescribed persons who may supply or administer an abortifacient. Clause 5 of the Bill contains a new subsection stating that a nurse practitioner or a person prescribed by regulation may supply or administer an abortifacient. Clause 4 of the Bill contains the new health regulation, Health Regulation 2024 (ACT), which states in regulation 2(1) that an authorised midwife is a person prescribed by the Regulation and as a consequence, is able to supply or administer abortifacient.

The Bill also amends section 84A(4) and (5) of the Act which now obliges an authorised person who has a conscientious objection to providing an abortion, to provide the person requesting the abortion service with information about how to locate and contact a health practitioner or medical facility where the person would be able to access abortion services and consequently transfer the person’s care to the health practitioner or health facility.

Please click here to access the full Bill.

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For further information please contact the Health Legal and Law Compliance team via our contact page here.