Termination of Pregnancy by an Unqualified Person
Termination of Pregnancy by an Unqualified Person is an offence under section 82 of the Crimes Act 1900, which carries a maximum penalty of 7 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You were an unqualified person, and
- You performed a termination on another person, or you assisted in the performance of a termination on another person.
An ‘unqualified person’ in relation to performing a termination is a person who is not a ‘medical practitioner’.
A medical practitioner is defined as:
A person registered under the Health Practitioner Regulation National Law to practise in the medical profession, other than as a student.
An ‘unqualified person’ in relation to assisting a termination is a person other than a medical practitioner, nurse, midwife, pharmacist or Aboriginal and Torres Strait Islander health practitioner.
A ‘termination’ is the intentional termination of a pregnancy in any way, including:
- By administering a drug, and
- By using an instrument or other thing.
Assisting in the performance of a termination includes:
- Supplying, or procuring the supply of, a termination drug, and
- Administering a termination drug.
Defences to the charge include:
- Duress, and
- Necessity.
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