Contraception, Sterilisation, and Abortion Act [Full
1977 112 Commenced: 16 Dec 1977
5. Supply of contraceptives to rape complainants---
(1) Where any person makes a complaint of rape to any member of the
Police and that member, or any other member of the Police, calls a
registered medical practitioner to examine the complainant, it shall be the
duty of that medical practitioner (unless the complainant expresses a
(a) To advise the complainant of a contraceptive
precaution she may take in order to avoid the risk of pregnancy, and to
supply to her or authorise the supply to her of any contraceptive for that
(b) To advise her of her right to obtain such service from another
registered medical practitioner or a family planning clinic.
(2) Without limiting subsection (1) of this section, where any patient
complains of rape to any registered medical practitioner (whether or not she
also lays a complaint of rape with the Police), it shall be the duty of that
medical practitioner to comply with the terms of that subsection.
(3) Without limiting section 43 of the Medical Practitioners Act 1968, every
registered medical practitioner who fails to comply with subsection (1) or
subsection (2) of this section is guilty of professional misconduct and
shall be dealt with under subsection (2) of that section accordingly.
46. Conscientious objection---
(1) Notwithstanding anything in any other enactment, or any rule of law,
or the terms of any oath or of any contract (whether of employment or
otherwise), no registered medical practitioner, registered nurse, or other
person shall be under any obligation---
(a) To perform or assist in the performance of an
abortion or any operation undertaken or to be undertaken for the purpose of
rendering the patient sterile:
(b) To fit or assist in the fitting, or supply or administer or assist in
the supply or administering, of any contraceptive, or to offer or give any
advice relating to contraception,---
if he objects to doing so on grounds of conscience.
(2) It shall be unlawful for any employer---
(a) To deny to any employee or prospective employee
any employment, accommodation, goods, service, right, title, privilege, or
benefit merely because that grounds of conscience to do any act referred to
in subsection (1) of this section; or employee or prospective employee
(b) To make the provision or grant to any employee or prospective employee
of any employment, accommodation, goods, service, right, title, privilege,
or benefit conditional upon that other person doing or agreeing to do any
thing referred to in that subsection.
(3) Every person who suffers any loss by reason of any act or omission
rendered unlawful by subsection (2) of this section shall be entitled to
recover damages from the person responsible for the act or omission.
(4) Nothing in this section shall limit or affect the provisions of section
5 of this Act or section 43A of the Medical Practitioners Act 1968 (as
inserted by section 2 of the Medical Practitioners Amendment Act 1977).