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This is a Bill, not an Act. For current law, see the Acts databases.


Termination of Pregnancy (Live Births) Amendment Bill 2024

Long Title
1 Short title
2 Commencement
3 Act amended
4 Insertion of new s 9A

Long Title

An Act to amend the Termination of Pregnancy Act 2018 to clarify particular matters relating to the provision of medical care and treatment to persons born as a result of a termination


The Parliament of Queensland enacts—


1 Short title

This Act may be cited as the Termination of Pregnancy (Live Births) Amendment Act 2024.


2 Commencement

This Act commences, or is taken to have commenced, immediately after the commencement of the Health and Other Legislation Amendment Act (No. 2) 2024, part 6.


3 Act amended

This Act amends the Termination of Pregnancy Act 2018.


4 Insertion of new s 9A

After section 9

insert—

9A Care of person born after termination
(1) This section applies if a termination results in a person being born.

(2) Nothing in this Act prevents a relevant person for the termination from exercising any duty to provide the person who is born with medical care and treatment that is—
(a) clinically safe; and

(b) appropriate to the person’s medical condition.

(3) To avoid any doubt, it is declared that the duty owed by a registered health practitioner to provide medical care and treatment to a person born as a result of a termination is no different than the duty owed to provide medical care and treatment to a person born other than as a result of a termination.

(4) In this section—

"relevant person", for a termination resulting in a person being born, means—
(a) if the termination is performed under section 5 or 6—the medical practitioner who performed the termination; or

(b) if the termination is performed under section 6A—the registered health practitioner who performed the termination; or

(c) a prescribed practitioner who is present when the person is born; or

(d) a prescribed student assisting a medical practitioner mentioned in paragraph (a) or a registered health practitioner mentioned in paragraph (b) under section 7(3) who is present when the person is born.

 


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