Status – Legal. No upper gestational limit.

Details – 2 doctors approval required after 22 weeks' and 6 days gestation.

Conscientious Objection -

Registered health practitioners may conscientiously object to:

  • Performing a termination.
  • Assisting in a termination.
  • Advising or making decisions related to a termination.

Legal duties when objecting:

If a practitioner has a conscientious objection, they must:

  1. Disclose their objection to the person as soon as practicable.
  2. If asked to perform or advise on a termination, they must:
    • Provide information about how to find a non-objecting practitioner; or
    • Transfer the person’s care to:
      • A practitioner who does not object; or
      • A health service where such a practitioner can provide the service.

Practitioners can satisfy this requirement by giving the person official information approved by the Minister, such as government health contact details.

Emergency exception:

  • All practitioners must provide care in emergencies, even if they object to termination.

Legal protection:

  • Practitioners who act in good faith and without negligence in performing, assisting, or refusing terminations are protected from:
    • Criminal liability.
    • Civil liability (including under disciplinary processes).

Link to legislation –  https://www.legislation.sa.gov.au/__legislation/lz/v/a/2021/termination%20of%20pregnancy%20act%202021_7/2021.7.un.pdf