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—
This Act may be cited as the Termination of Pregnancy (Live Births) Amendment Act 2024.
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.
This Act amends the Termination of Pregnancy Act 2018.
After section 9—
insert—9ACare 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.