Going to Court? Book Your Free First Appointment

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.

What Our Clients Say SEE ALL

  • ★★★★★

    Extremely helpful

    Great company, highly recommended. Prompt, professional, courteous and knowledgeable. Extremely helpful.

  • ★★★★★

    Very responsive

    Fahim Khan is very professional and very knowledgeable. He provides advice in a timely manner…

  • ★★★★★

    2 charges of Common Assault

    I was represented by Fred Cao for a legal matter of 2 charges of Common…

  • ★★★★★

    Second serious offence

    Kent Park represented my son on his second serious offence recently. From the start Kent…

Going to Court? Call For Your Free First Appointment