Service, not servitude
Bookmark and Share

Protection of Conscience Laws
Australia

 

Australian Capital Territory

Medical Practitioners Act 1930

55E No obligation to carry out abortion

(1) No-one is under a duty (by contract or by statutory or other legal requirement) to carry out or assist in carrying out an abortion.

(2) A person is entitled to refuse to assist in carrying out an abortion.
 

Northern Territory

Criminal Code of the Northern Territory of Australia- Sect. 174 

174. Medical termination of pregnancy

(1) It is lawful -

(a) for a medical practitioner who is a gynaecologist or obstetrician to give medical treatment with the intention of procuring the miscarriage of a woman or girl who, he has reasonable cause to believe after medically examining her, has been pregnant for not more than 14 weeks if the medical treatment is given in hospital and the medical practitioner and another medical practitioner are of the opinion, formed in good faith after medical examination of the woman or girl by them, that -

(i) the continuance of the pregnancy would involve greater risk to her life or greater risk of injury to her physical or mental health than if the pregnancy were terminated; or

(ii) there is a substantial risk that, if the pregnancy were not terminated and the child were to be born, the child would have or suffer from such physical or mental abnormalities as to be seriously handicapped;

(b) for a medical practitioner to give medical treatment with the intention of procuring the miscarriage of a woman or girl who, he has reasonable cause to believe after medically examining her, has been pregnant for not more than 23 weeks if the medical practitioner is of the opinion, formed in good faith after his medical examination of her, that termination of the pregnancy is immediately necessary to prevent grave injury to her physical or mental health; or

(c) for a medical practitioner to give medical treatment with the intention of procuring the miscarriage of a woman or girl if the treatment is given in good faith for the purpose only of preserving her life.

(2) No person is under a duty, whether by contract or otherwise, to procure or to assist in procuring the miscarriage of a woman or girl or to dispose of or to assist in disposing of an aborted foetus if he has a conscientious objection thereto, but, in any legal proceedings, the burden of proving such a conscientious objection shall rest upon the person claiming to have it  . . . 
 

South Australia

Criminal Law Consolidation Act 1935- Sect. 82A

82A Medical termination of pregnancy

82A. (1) Notwithstanding anything contained in section 81 or 82, but subject to this section, a person shall not be guilty of an offence under either of those sections-

(a) if the pregnancy of a woman is terminated by a legally qualified medical practitioner in a case where he and one other legally qualified medical practitioner are of the opinion, formed in good faith after both have personally examined the woman-

(i) that the continuance of the pregnancy would involve greater risk to the life of the pregnant woman, or greater risk of injury to the physical or mental health of the pregnant woman, than if the pregnancy were terminated; or

(ii) that there is a substantial risk that, if the pregnancy were not terminated and the child were born to the pregnant woman, the child would suffer from such physical or mental abnormalities as to be seriously handicapped, and where the treatment for the termination of the pregnancy is carried out in a hospital, or a hospital of a class, declared by regulation to be a prescribed hospital, or a hospital of a prescribed class, for the purposes of this section; or

(b) if the pregnancy of a woman is terminated by a legally qualified medical practitioner in a case where he is of the opinion, formed in good faith, that the termination is immediately necessary to save the life, or to prevent grave injury to the physical or mental health, of the pregnant woman . . .

(5) Subject to subsection (6), no person is under a duty, whether by contract or by any statutory or other legal requirement, to participate in any treatment authorised by this section to which he has a conscientious objection, but in any legal proceedings the burden of proof of conscientious objection rests on the person claiming to rely on it.

(6) Nothing in subsection (5) affects any duty to participate in treatment which is necessary to save the life, or to prevent grave injury to the physical or mental health, of a pregnant woman.
 

Tasmania

Criminal Code Act 1924 (No. 69 of 1924)

Medical termination of pregnancy

164.  (1) Notwithstanding anything contained in section 134, 135 or 165, but subject to this section, a person is not guilty of a crime in relation to the termination of a pregnancy which is legally justified . . .

(7) Subject to subsection (8), no person is under a duty, whether by contract or by any statutory or other legal requirement, to participate in any treatment, including any counselling authorised by this section, to which the person has a conscientious objection.

(8) Nothing in subsection (7) affects any duty to participate in treatment which is necessary to save the life of a pregnant woman or to prevent her immediate serious physical injury.
 

Victoria

Infertility Treatement Act 1995- Sect. 152 

152. Conscientious objections

(1) Despite any Act, law or agreement to the contrary a person who has a conscientious objection to research involving the use of gametes, zygotes or embryos or to a treatment procedure does not have to participate in that research or procedure unless it is necessary to do so because it is likely that a person who is or was a participant in the research or procedure will otherwise die.

(2) In any proceedings the burden of proving a conscientious objection is on the person who relies on it.