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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:

  1. You were an unqualified person, and
  2. 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:

  1. By administering a drug, and
  2. By using an instrument or other thing.

Assisting in the performance of a termination includes:

  1. Supplying, or procuring the supply of, a termination drug, and
  2. Administering a termination drug.

Defences to the charge include:

  1. Duress, and
  2. Necessity.

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