Abortion Legislation Bill

7 Sections 10 to 46 replaced

Replace sections 10 to 46 with:

10 Provision of abortion services to women not more than 20 weeks pregnant

A qualified health practitioner may provide abortion services to a woman who is not more than 20 weeks pregnant.

11 Provision of abortion services to women more than 20 weeks pregnant

(1)

A qualified health practitioner may only provide abortion services to a woman who is more than 20 weeks pregnant only if the health practitioner reasonably believes that the abortion is clinically appropriate in the circumstances.

(2)

In considering whether the abortion is clinically appropriate in the circumstances, the qualified health practitioner must have regard to the woman’s

(a)

physical health; and consult at least 1 other qualified health practitioner; and

(b)

mental health; and have regard to

(i)

all relevant legal, professional, and ethical standards to which the qualified health practitioner is subject; and

(ii)

the woman’s

(A)

physical health; and

(B)

mental health; and

(C)

overall well-being; and

(iii)

the gestational age of the fetus.

(c)

well-being.

(3)

Subsection (2) does not apply in a medical emergency.

12 Minister of Health to ensure availability of counselling services for abortion

The Minister of Health must take reasonable and practicable steps to ensure that counselling services are available throughout New Zealand in relation to the provision of abortion services when entering into Crown funding agreements under the New Zealand Public Health and Disability Act 2000.

13 Counselling

(1)

A health practitioner must advise a woman of the availability of counselling services if the woman—

(a)

seeks advice or information about whether to continue or terminate a pregnancy; or

(b)

advises the health practitioner of the wish to terminate a pregnancy; or

(c)

has terminated a pregnancy.

(2)

A qualified health practitioner may not, as a condition of providing abortion services to a woman, require the woman to attend counselling before or after the provision of those services.

14 Self-referral to abortion services

A qualified health practitioner may not, as a condition of providing abortion services to a woman, require the woman to be referred from a health practitioner.

15 Certain behaviour prohibited in safe areas

(1)

A person must not engage in any prohibited behaviour in a safe area.

(2)

A person who contravenes this section commits an offence and is liable on conviction to a fine not exceeding $1,000.

(3)

In this section, prohibited behaviour means any of the following:

(a)

intimidating, interfering with, or obstructing a person with the intention of preventing the person, or being reckless as to whether the person is prevented, from

(i)

accessing abortion services:

(ii)

providing, or assisting with providing, abortion services:

(iii)

seeking advice or information about abortion services:

(iv)

providing, or assisting with providing, advice or information about abortion services:

(b)

communicating with, or visually recording, a person who is doing any of the things described in paragraph (a)(i) to (iv) in a manner that

(i)

is intended to cause the person emotional distress; and

(ii)

would cause emotional distress to an ordinary reasonable person in the position of the person.

(3)

In this section,

prohibited behaviour means

(a)

intimidating, interfering with, or obstructing a protected person

(i)

with the intention of frustrating the purpose for which the protected person is in the safe area; or

(ii)

in a manner that an ordinary reasonable person would know would cause emotional distress to a protected person:

(b)

communicating with, or visually recording, a person in a manner that an ordinary reasonable person would know would cause emotional distress to a protected person

protected person means a person who is in a safe area for the purpose of

(a)

accessing abortion services; or

(b)

providing, or assisting with providing, abortion services; or

(c)

seeking advice or information about abortion services; or

(d)

providing, or assisting with providing, advice or information about abortion services.

16 Power of constable to arrest without warrant

If a constable reasonably believes that a person is engaging in prohibited behaviour in a safe area, the constable may—

(a)

require the person to stop engaging in the prohibited behaviour; and

(b)

if the person fails to stop engaging in the prohibited behaviour, arrest the person and take the person into custody without a warrant.

17 Regulations: safe areas

(1)

The Governor-General may, by Order in Council made on the recommendation of the Minister of Health after consultation with the Minister of Justice, make regulations for the purposes of section 15 prescribing as a safe area—

(a)

any specified premises at which abortion services are provided; and

(b)

an area around those premises that is an area having a boundary of not more than 150 metres from any part of the premises.

(2)

The Minister of Health may recommend the making of regulations under subsection (1) if the Minister is satisfied that prescribing a safe area—

(a)

is necessary to protect the safety and well-being, and respect the privacy and dignity, of persons—

(i)

accessing abortion services:

(ii)

providing, or assisting with providing, abortion services:

(iii)

seeking advice or information about abortion services:

(iv)

providing, or assisting with providing, advice or information about abortion services; and

(b)

can be demonstrably justified in a free and democratic society as a reasonable limitation on people’s rights and freedoms.

(3)

Not later than 5 years after making any regulations under subsection (1) prescribing a particular safe area, and then at subsequent intervals of not more than 5 years, the Director-General, in consultation with the Secretary for Justice, must

(a)

review the regulations (if they are still in force) to determine whether that prescribed safe area is still

(i)

necessary for the purpose specified in subsection (2)(a); and

(ii)

demonstrably justified as specified in subsection (2)(b); and

(b)

report to the Minister of Health and the Minister of Justice on whether the regulations should be

(i)

continued without amendment; or

(ii)

continued with amendment; or

(iii)

revoked.

18 Duties of Director-General of Health

The Director-General of Health must

(a)

collect, collate, analyse, and publish information about the provision of

(i)

abortion services in New Zealand; and

(ii)

counselling services in relation to, or in connection with, the provision of abortion services; and

(b)

develop and publish standards for the services described in paragraph (a); and

(c)

make and maintain a list of abortion service providers.

Miscellaneous provisions

19 Conscientious objection

(1)

This section applies to a person (A) who is requested by another person (B) to provide, or assist with providing, any of the following services:

(a)

contraception services:

(b)

sterilisation services:

(c)

abortion services:

(d)

information or advisory services about continuing or terminating whether to continue or terminate a pregnancy.

(2)

If A has a conscientious objection to providing, or to assisting with providing, to B the service requested, A must tell B of their conscientious objection at the earliest opportunity and, at the earliest opportunity

(a)

if the service requested is a service described in subsection (1)(a) or (b), tell B how to access the contact details of another person who is a provider of the service requested; and

(b)

if the service requested is a service described in subsection (1)(c) or (d), tell B how to access the list of abortion service providers referred to in section 18(c).

(a)

of their conscientious objection; and

(b)

how to access the contact details of another person who is a provider of the service requested.

(3)

This section does not override a health practitioner’s professional and legal duty to provide prompt and appropriate medical assistance to any person in a medical emergency.

20 Employer providing certain services must accommodate conscientious objection of applicant or employee unless it would cause unreasonable disruption to activities

(1)

An employer that provides any of the services specified in section 19(1) may not take any of the following actions on the basis that an applicant for employment, or an employee, who is qualified for work in connection with the provision of those services, has a conscientious objection:

(a)

refuse or omit to employ the applicant for work that is available; or

(b)

offer or afford the applicant or the employee less favourable terms of employment, conditions of work, superannuation or other fringe benefits, and opportunities for training, promotion, and transfer than are made available to applicants or employees of the same or substantially similar capabilities employed in the same or substantially similar work; or

(c)

terminate the employment of the employee in circumstances in which the employment of other employees employed in the same or substantially similar work would not be terminated; or

(d)

subject the employee to any detriment in circumstances in which other employees employed in the same or substantially similar work would not be subjected to such detriment; or

(e)

retire the employee, or to require or cause the employee to retire or resign.

(2)

However, if an employer considers that accommodating the an applicant’s or employee’s conscientious objection would unreasonably disrupt the employer’s activities, provision of health services, the employer may take any of the actions described in subsection (1).

(2A)

Accommodating an applicant’s or employee’s conscientious objection may include arranging for the duties in respect of which the applicant or employee has an objection to be carried out by an existing employee.

(3)

An applicant or employee who alleges that an employer has contravened this section may make a complaint under the Human Rights Act 1993 as if the complaint were a complaint of unlawful discrimination under section 22 of that Act.

(4)

If an applicant or employee who alleges that an employer has contravened this section is entitled to pursue a personal grievance under the Employment Relations Act 2000, the applicant or employee may take either, but not both, of the following steps:

(a)

apply to the Employment Relations Authority for the resolution of the grievance under that Act; or

(b)

make a complaint under the Human Rights Act 1993.

(5)

In this section, employer has the meaning given in section 2 and also includes

(a)

the person for whom work is done by an independent contractor; and

(b)

the person for whom work is done by contract workers under a contract between that person and the person who supplies the contract workers; and

(c)

the person for whom work is done by an unpaid worker.

20A Minister of Health to ensure availability of certain services

The Minister of Health must, when entering into Crown funding agreements under the New Zealand Public Health and Disability Act 2000, take reasonable steps to ensure that

(a)

the following services are available throughout New Zealand:

(i)

the services specified in section 19(1); and

(ii)

counselling services in relation to, or in connection with, the provision of abortion services; and

(b)

the following services are provided in accordance with the standards published by the Director-General under section 20D(1)(b):

(i)

abortion services:

(ii)

counselling services in relation to, or in connection with, the provision of abortion services.

20B Duty of Director-General to undertake periodic reviews of certain matters

(1)

Not later than 5 years after the commencement of this section, and then at subsequent intervals of not more than 5 years, the Director-General must

(a)

review whether there is timely and equitable access to

(i)

the services specified in section 19(1); and

(ii)

counselling services in relation to, or in connection with, the provision of abortion services; and

(b)

report to the Minister of Health on

(i)

the outcomes of the review; and

(ii)

the recommendations that the Director-General considers appropriate (if any) for improving the timely and equitable access to those services.

(2)

The review and report under subsection (1) must include consideration of the relative costs throughout New Zealand for women accessing those services.

20C Duty of Director-General to compile, maintain, and make available list of abortion service providers

(1)

The Director-General must compile and maintain a list of the names and contact details of abortion service providers in New Zealand.

(2)

The Director-General may not include in the list the name and contact details of any abortion service provider who advises the Director-General that they do not want their name and contact details included in the list.

(3)

The Director-General must ensure that the list, or the information on the list, is accessible to any person on request.

20D Duty of Director-General to collect, collate, analyse, and publish information

(1)

The Director-General must

(a)

collect, collate, analyse, and publish information about the provision of

(i)

abortion services in New Zealand; and

(ii)

counselling services in relation to, or in connection with, the provision of abortion services; and

(b)

develop and publish standards for the services described in paragraph (a).

(2)

However, the Director-General must not publish, under subsection (1)(a), any information in a form that could reasonably be expected to identify a woman who has been, or is being, provided with abortion services or counselling services.

20E Abortion service provider to notify Director-General about abortion services provided

(1)

An abortion service provider must notify the Director-General after the following services are provided by or through the provider:

(a)

a surgical abortion; or

(b)

a medicine is prescribed or administered for the purpose of inducing an abortion.

(2)

A notification must include, in relation to the provision of the services referred to in subsection (1),

(a)

the information specified in Schedule 2; and

(b)

such other information the Director-General may require.

(3)

However, in no case may the information provided under this section include the name of the woman to whom the abortion service was provided.

(4)

A notification must be given

(a)

not later than 1 month after the provision of the abortion service; and

(b)

in the form or manner required by the Director-General.

(5)

This section is repealed on the expiry of 18 months after the date on which it comes into force.

20F Abortion for sole purpose of sex selection

(1)

This Parliament opposes the performance of abortions being sought solely because of a preference for the fetus to be of a particular sex.

(2)

Not later than 5 years after the commencement of this section, and then at subsequent intervals of not more than 5 years, the Director-General must

(a)

review whether there is any evidence of abortions being sought solely because of a preference for the fetus to be of a particular sex; and

(b)

report to the Minister of Health on

(i)

the outcome of the review; and

(ii)

if there is such evidence, any recommendations that the Director-General considers appropriate for preventing abortions being sought solely because of a preference for the fetus to be of a particular sex.

Compare: Abortion Law Reform Act 2019 s 16 (NSW)

20G Reports to be presented to House of Representatives

As soon as practicable after receiving a report under section 20B(1) or 20F(2), the Minister of Health must present a copy of the report to the House of Representatives.

21 General regulation-making power

The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

(a)

enabling the Director-General of Health to collect information that may be required to enable the Director-General to discharge the Director-General’s duties specified in section 18 section 20B, 20C, 20D, or 20F:

(b)

providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.