Please note this amendment updates the primary legislation for abortion, set out in the Contraception, Sterilisation, and Abortion Act 1977 and the Crimes Act 1961. Just months earlier, the Contraception, Sterilisation, and Abortion Act of 1977 had come into effect, and getting an abortion in New Zealand had become pretty much impossible. This Act is administered by the Ministry of Justice. 128 An Act to amend the Contraception, Sterilisation, and Abortion Act 1977 in relation to the sale and disposal of contraceptives to children [7 September 1990 BE IT ENACTED by the Parliament of New Zealand as follows: 1. Section 5(3A): inserted, on 24 March 2020, by section 7(2) of the Abortion Legislation Act 2020 (2020 No 6). Several pro-life politicians including National MPs Bill Birch and Barry Brill , and Labour MPs Wall and Basil Arthur proposed amendments restricting the criteria for abortions and scrutinising the list of certifying medical consultants. the recommendations that the Director-General considers appropriate (if any) for improving the timely and equitable access to those services. Without limiting anything in Part 4 of the Health Practitioners Competence Act 2003, every medical practitioner who fails to comply with subsection (1) or subsection (2) is guilty of professional misconduct, and must be dealt with under that Act accordingly. Contraception, Sterilisation, and Abortion (Safe Areas) Amendment Bill. Dorothy G Winstone. Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. A health practitioner must advise a woman of the availability of counselling services if the woman—, seeks advice or information about whether to continue or terminate a pregnancy; or, advises the health practitioner of the wish to terminate a pregnancy; or. In this Act, unless the context otherwise requires,—, means intentionally causing the termination of a woman’s pregnancy by any means, including—, by using a drug or combination of drugs; or, any procedure intended to induce the birth of a live fetus believed to be viable; or, abortion service provider means an entity that provides abortion services, abortion services means services provided by a qualified health practitioner to facilitate an abortion, conscientious objection means an objection on the ground of conscience to the provision of contraception, sterilisation, or abortion services, contraceptive means a substance, device, or technique intended to prevent conception or implantation, Director-General means the Director-General of Health, employer includes any person acting or purporting to act on behalf of an employer, health practitioner has the meaning given to it by section 5(1) of the Health Practitioners Competence Assurance Act 2003, hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001, medical emergency includes a surgical emergency, medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine, qualified health practitioner, in relation to the provision of abortion services, means a health practitioner who is acting in accordance with the Health Practitioners Competence Assurance Act 2003. safe area means any premises at which abortion services are provided, and any area around those premises, prescribed in regulations made under section 17(1) as a safe area. Section 45: repealed, on 24 March 2020, by section 8 of the Abortion Legislation Act 2020 (2020 No 6). The review and report under subsection (1) must include consideration of the relative costs throughout New Zealand for women accessing those services. (2) This Act shall come into force on the 1 st day of April 1991. The Abortion Legislation Act 2020 replaces Sections 10 to 46 of the CS&A Act 1977 with Sections 10–14 and Sections 19–21. The … Section 40: repealed, on 24 March 2020, by section 8 of the Abortion Legislation Act 2020 (2020 No 6). Detail of any complications occurring before discharge. Abortion: 1990s to 21st century", https://en.wikipedia.org/w/index.php?title=Contraception,_Sterilisation,_and_Abortion_Act_1977&oldid=967372275, All Wikipedia articles written in New Zealand English, Pages using collapsible list with both background and text-align in titlestyle, Creative Commons Attribution-ShareAlike License. An employer that provides any of the services specified in section 14(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: refuse or omit to employ the applicant for work that is available; or, 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, 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, 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. However, in no case may the information provided under this section include the name of the woman to whom the abortion service was provided. Section 8(3): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48). A person to whom this clause applies must, as soon as is reasonably practicable after the commencement date, send to the Director-General of Health any information that the Director-General of Health may require relating to—, the cases considered by the person during the pre-commencement reporting period; and. 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. collect, collate, analyse, and publish information about the provision of—. Every medical practitioner who performs an operation of sterilisation shall, within 1 month thereafter, forward to the Director-General of Health a report of the operation giving the following particulars: the age, sex, relationship status, race, and number of children of the patient: whether the patient stayed in hospital for 1 or more nights: whether the operation was performed post-partum. This omnibus bill amends the law to decriminalise abortion, better align the regulation of abortion services with other health services, and modernise the legal framework for abortion currently set out in the Crimes Act 1961 and the Contraception, Sterilisation, and Abortion Act 1977. 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—, review whether there is timely and equitable access to—. 1977 Contraception, Sterilisation, and Abortion Act passed The Act specified the circumstances in which contraceptives could be supplied to young people, sterilisations could be undertaken, and abortions could be authorised. PART I AMENDMENTS OF THE CONTRACEPTION, STERILISATION, AND ABORTION Acr 1977 Clause 2 is a machinery provision. 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. Section 5(2): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48). No person shall manufacture for sale or sell any condom or other contraceptive device that does not comply with a standard for the time being approved for the purposes of this section by the Minister of Health by notice in the Gazette. Every person who, with reasonable care and skill, administers any contraceptive in accordance with this section is protected from criminal and civil responsibility in respect thereof. Schedule 1 Part 1: inserted, on 24 March 2020, by section 9 of the Abortion Legislation Act 2020 (2020 No 6). 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. On the commencement date, the Abortion Supervisory Committee is disestablished and the term of office of every member of the committee ends. Section 10: replaced, on 24 March 2020, by section 8 of the Abortion Legislation Act 2020 (2020 No 6). All information held by the Committee immediately before the commencement date is transferred to the Ministry. The Commission report also recommended the establishment of the Abortion Supervisory Committee - a register of doctors allowed to make decisions on abortion requests. This is a reprint of the Contraception, Sterilisation, and Abortion Act 1977 that incorporates all the amendments to that Act as at the date of the last amendment to it. Where any person makes a complaint of sexual violation to any constable and that constable, or any other constable, calls a medical practitioner to examine the complainant, it shall be the duty of that medical practitioner (unless the complainant expresses a contrary wish or unless the medical practitioner is satisfied that the sexual violation did not involve the penetration of the complainant’s genitalia by a penis)—, to advise the complainant of a contraceptive precaution she may take in order to avoid the risk of pregnancy, and to supply to her or authorise the supply to her of any contraceptive for that purpose; or. A surgeon would be needed to perform an abortion and counselling was also made available to women seeking an abortion. While Sections 15 to 17 created safe areas around abortion service providers, these clauses were eliminated from the final version of the law. Search within this Act. In this clause, pre-commencement reporting period means the period—, commencing on the day after the date on which the person last submitted a report to the Abortion Supervisory Committee under section 36 of the Contraception, Sterilisation, and Abortion Act 1977 (as it read immediately before its repeal by section 8 of the Act); and. Section 36: repealed, on 24 March 2020, by section 8 of the Abortion Legislation Act 2020 (2020 No 6). Part 1 of the Bill amends the Contraception, Sterilisation, and Abortion Act 1977 (the principal Act). Section 13: replaced, on 24 March 2020, by section 8 of the Abortion Legislation Act 2020 (2020 No 6). An abortion service provider must notify the Director-General after the following services are provided by or through the provider: a medicine is prescribed or administered for the purpose of inducing an abortion. Section 18: replaced, on 24 March 2020, by section 8 of the Abortion Legislation Act 2020 (2020 No 6). Abortion Act 1977 and the Crimes Amendment Act 1977 recommended by the Abortion Supervisory Committee in its report to Parliament of 18 April 1978. In December 1977, Parliament passed the Contraception, Sterilisation and Abortion Act - legislation which still largely sets our abortion … [8][5], Over the next three decades, politicians and abortion-rights groups lobbied for amending the CS&A Act to ease the criteria for abortions. Schedule 1 clause 5: inserted, on 24 March 2020, by section 9 of the Abortion Legislation Act 2020 (2020 No 6). Part 1 Amendments to Contraception, Sterilisation, and Abortion Act 1977. Every person who manufactures for sale or sells any condom or other contraceptive device in contravention of subsection (1) commits an offence and is liable on conviction to a fine not exceeding $5,000. Section 5(3): substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48). The core legislation pertaining to abortion is the Contraception, Sterilisation, and Abortion Act 1977, and it enacted parallel specifications through amendment of the Guardianship Act 1968 (retained in the Care of Children Act 2004) and Section 187A of the Crimes Act 1961. On the commencement date, all advisory, technical, and other committees appointed by the Abortion Supervisory Committee are dissolved and the term of office of every member of a committee ends. the following services are available throughout New Zealand: the services specified in section 14(1); and, counselling services in relation to, or in connection with, the provision of abortion services; and. This Act may be cited as the Contraception, Sterilisation, and Abortion Act 1977. Section 4(1): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48). Schedule 1: inserted, on 24 March 2020, by section 9 of the Abortion Legislation Act 2020 (2020 No 6). 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. Abortions not to be performed unless authorised by 5 Section 39: repealed, on 24 March 2020, by section 8 of the Abortion Legislation Act 2020 (2020 No 6). Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. MP in charge Wall, Louisa Progress of the bill. No member of the committee is entitled to any compensation in respect of the termination of the member’s office. The Director-General must ensure that the list, or the information on the list, is accessible to any person on request. Sections 11 to 17, 19 to 28, 30, 31, and 38 to 43 shall come into force on 1 January 1978. Our National Medical Advisor Dr Christine Roke celebrated 40 years with Family Planning this year - meaning her career at Family Planning coincides precisely with the legislation. “New Zealand’s abortion laws are primarily set out in two statutes: the Crimes Act 1961 and the Contraception, Sterilisation, and Abortion Act 1977 (CSA Act). Section 38: repealed, on 24 March 2020, by section 8 of the Abortion Legislation Act 2020 (2020 No 6). Compare: Abortion Law Reform Act 2019 s 16 (NSW). 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: apply to the Employment Relations Authority for the resolution of the grievance under that Act; or. The following details in respect of the woman to whom abortion services were provided: whether the woman is a New Zealand resident; and, the number of previous pregnancies the woman has had; and, the estimated duration of the woman’s pregnancy; and. Schedule 1 clause 3: inserted, on 24 March 2020, by section 9 of the Abortion Legislation Act 2020 (2020 No 6). In late March 2020, the Sixth Labour Government passed the Abortion Legislation Act 2020, which replaced Sections 10 to 46 of the CS&A Act with new clauses allowing women to seek abortion in the first 20 weeks of pregnancy; and only requiring consultations with two health practitioners after 20 weeks.[9]. Hon ANDREW LITTLE (Minister of Justice): Thank you, Madam Chair. Section 20: replaced, on 24 March 2020, by section 8 of the Abortion Legislation Act 2020 (2020 No 6). If a medical practitioner referred to in subsection (1) or (2) has a conscientious objection to supplying or authorising the supply to the complainant of any contraceptive, the medical practitioner must tell the complainant—, of their conscientious objection at the earliest opportunity; and. Without the long title, no other provision describes the general purpose of the principal Act. how to access the contact details of another person who is a provider of contraceptive services. the operating hours of the provider of the service requested. Section 28: repealed, on 24 March 2020, by section 8 of the Abortion Legislation Act 2020 (2020 No 6). Without limiting subsection (1), where any patient complains of sexual violation to any medical practitioner (whether or not she also lays a complaint of sexual violation with the Police), it shall be the duty of that medical practitioner to comply with the terms of that subsection. Section 34: repealed, on 24 March 2020, by section 8 of the Abortion Legislation Act 2020 (2020 No 6). Based on the Royal Commission's recommendations, Parliament passed the Contraception, Sterilisation, and Abortion Act 1977, which established the regulatory framework for abortion. Legislative features. NZS 7106:1998 has been approved by the Minister of Health under Section 6(1) of the Contraception, Sterilisation and Abortion Act 1977. You can help Wikipedia by expanding it. Section 23: replaced, on 24 March 2020, by section 8 of the Abortion Legislation Act 2020 (2020 No 6). Section 24: repealed, on 24 March 2020, by section 8 of the Abortion Legislation Act 2020 (2020 No 6). Get notifications. Get notifications. Women seeking abortion had to see their doctor and … No such report shall give the name or address of the patient. This clause applies to a person who immediately before the commencement date was a certifying consultant. As soon as practicable after receiving a report under section 17(1) or 21(2), the Minister of Health must present a copy of the report to the House of Representatives. Section 5(2): amended, on 1 February 1986, by section 7(3) of the Crimes Amendment Act (No 3) 1985 (1985 No 160). It also made it illegal for health employers to deny employment to medical practitioners on the basis of their conscientious objection to abortion.[1]. On the commencement date, all assets and liabilities of the Abortion Supervisory Committee in existence immediately before the commencement date are vested in the Crown as assets and liabilities of the Ministry. to refuse to grant any such employment, conditions, benefits, or opportunities merely because the employee or the employee’s spouse, civil union partner, or de facto partner is not sterile. Sale or disposal, etc., of contraceptives to children 1990, No. Notwithstanding anything in any enactment or rule of law to the contrary, no person shall have the capacity to consent to the performance on any other person of an operation of sterilisation if that other person lacks the capacity to consent on his own behalf by reason only of his age. (Te Ara) Parliament passed the Contraception, Sterilisation, and Abortion Act 1977 following an inquiry by a Royal Commission. The members of the Royal Commission on Contraception, Sterilisation and Abortion which sat from 23 June 1975 to 31 March 1977. A notification must include, in relation to the provision of the services referred to in subsection (1),—, the information specified in Schedule 2; and.