TERMINATION OF PREGNANCY LAW REFORM REGULATIONS 2017
NORTHERN TERRITORY OF AUSTRALIA
TERMINATION OF PREGNANCY LAW REFORM REGULATIONS 2017
As in force at 4 August 2022
Table of provisions
Part 1 Preliminary matters
1 Citation ............................................................................................ 1
2 Commencement .............................................................................. 1
Part 3 Standards and guidelines
5 Standards ........................................................................................ 1
6 Guidelines........................................................................................ 2
7 Inspection and purchase of copies of standards and guidelines...... 2
Part 4 Reporting requirements
Division 1 Reports to CHO
8 Prescribed information ..................................................................... 2
9 Prescribed time for providing information ........................................ 4
10 Medical practitioner to provide information to CHO ......................... 5
Division 2 Other reporting requirements
11 Approved forms ............................................................................... 5
12 Disclosure of confidential information .............................................. 5
ENDNOTES
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NORTHERN TERRITORY OF AUSTRALIA
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As in force at 4 August 2022
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TERMINATION OF PREGNANCY LAW REFORM REGULATIONS 2017
Regulations under the Termination of Pregnancy Law Reform Act 2017
Part 1 Preliminary matters
1 Citation
These Regulations may be cited as the Termination of Pregnancy
Law Reform Regulations 2017.
2 Commencement
These Regulations commence on the commencement of the
Termination of Pregnancy Law Reform Act 2017.
Part 3 Standards and guidelines
5 Standards
(1) The CHO may, by Gazette notice, declare that a document applies
as a standard in the Territory, or a specified part of the Territory,
relating to the performance of terminations.
(2) The declaration of the standard must:
(a) specify if the standard applies to the whole of the Territory or
part of the Territory; and
(b) describe the subject matter of the standard; and
(c) specify the date on which the standard applies in the Territory
or part of the Territory (which may not be earlier than the date
of the notice); and
(d) specify the place where, and the times when, a person may
inspect or purchase a copy of the standard.
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Part 4 Reporting requirements
Division 1 Reports to CHO
Termination of Pregnancy Law Reform Regulations 2017 2
6 Guidelines
(1) The CHO may set guidelines relating to the policies, procedures
and requirements involved in the performance of terminations.
(2) The CHO must, by Gazette notice, give notice of making the
guidelines.
(3) The notice must:
(a) describe the subject matter of the guidelines; and
(b) specify the date on which the guidelines take effect (which
may not be earlier than the date of the notice); and
(c) specify the place where, and the times when, a person may
inspect or purchase a copy of the guidelines.
7 Inspection and purchase of copies of standards and guidelines
The CHO:
(a) must make available copies of standards under the Act for
inspection or purchase by members of the public; and
(b) must make available copies of guidelines under the Act for
inspection or purchase by members of the public.
Part 4 Reporting requirements
Division 1 Reports to CHO
8 Prescribed information
(1) For section 17 of the Act, the following information is prescribed:
(a) the date of birth of the woman who received the termination;
(b) whether the woman who received the termination is an
Aboriginal person;
(c) the region of the usual place of residence of the woman who
received the termination;
(d) whether a follow up appointment in relation to the termination
was arranged;
(e) the date the termination was performed or initiated;
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Part 4 Reporting requirements
Division 1 Reports to CHO
Termination of Pregnancy Law Reform Regulations 2017 3
(f) whether the termination was performed or initiated in an
emergency situation under section 10 of the Act;
(g) the method of termination;
(h) the number of gestational weeks at which the termination was
performed or initiated;
(i) the full name and provider number of:
(i) the medical practitioner who performed or initiated the
termination or directed the performance or initiation of
the termination; and
(ii) for a termination performed at more than 24 gestational
weeks – any other medical practitioner who was
consulted and who assessed the woman prior to the
termination;
(j) the region where the termination was performed or initiated;
(k) for a termination by surgical procedure, or by a combination of
both a surgical procedure and use of a termination drug – the
name of the premises where the surgical procedure was
performed.
(2) In this regulation:
gestational weeks means the number of weeks of a woman's
pregnancy as determined by a medical practitioner.
initiated means the point in relation to performing a termination, at
which a termination drug is first administered to the woman.
method of termination means any of the following:
(a) termination by surgical procedure;
(b) termination by use of a termination drug;
(c) termination by a combination of both means mentioned in
paragraphs (a) and (b);
(d) termination by a means other than a means mentioned in
paragraph (a) or (b).
region means one of the following regions in the Territory:
(a) Alice Springs;
(b) Barkly;
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Part 4 Reporting requirements
Division 1 Reports to CHO
Termination of Pregnancy Law Reform Regulations 2017 4
(c) Belyuen;
(d) Central Desert;
(e) Coomalie;
(ea) Cox-Daly;
(f) Darwin;
(g) East Arnhem;
(h) Katherine;
(i) Litchfield;
(j) MacDonnell;
(ja) Marrakai-Douglas Daly;
(k) Palmerston;
(l) Roper Gulf;
(m) Tiwi Islands;
(n) Victoria Daly;
(o) Wagait;
(p) West Arnhem;
(q) West Daly.
9 Prescribed time for providing information
For section 17 of the Act, the following times are prescribed for
providing the information prescribed by regulation 8:
(a) for a termination by surgical procedure – within 28 days after
the performance of the termination;
(b) for a termination by use of a termination drug – within 28 days
of the medical practitioner's last consultation with the woman
in relation to the termination;
(c) for termination by a combination of both a surgical procedure
and by use of a termination drug – within 28 days after the
performance of the termination;
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Part 4 Reporting requirements
Division 2 Other reporting requirements
Termination of Pregnancy Law Reform Regulations 2017 5
(d) for termination by a means other than a surgical procedure or
by use of a termination drug – within 28 days of the medical
practitioner's last consultation with the woman in relation to
the termination.
10 Medical practitioner to provide information to CHO
(1) A medical practitioner who performs or directs the performance of a
termination must provide to the CHO the information prescribed by
regulation 8 in the approved form and within the time prescribed by
regulation 9.
Maximum penalty: 20 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) It is a defence to a prosecution for an offence against
subregulation (1) if the defendant has a reasonable excuse.
Division 2 Other reporting requirements
11 Approved forms
(1) The CHO may approve forms for these Regulations.
(2) The CHO must publish an approved form in a way decided by the
CHO (for example, on the internet).
12 Disclosure of confidential information
(1) A person commits an offence if:
(a) the person obtains confidential information through:
(i) acting or assisting in any way in connection with the
performance of a termination; or
(ii) being present at a place where a confidential matter is
evident or being discussed; or
(iii) the administration of the Act and these Regulations; and
(b) the person intentionally engages in conduct; and
(c) the conduct results in the disclosure of the confidential
information and the person is reckless in relation to that result.
Maximum penalty: 100 penalty units.
(2) Strict liability applies to subregulation (1)(a).
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Part 4 Reporting requirements
Division 2 Other reporting requirements
Termination of Pregnancy Law Reform Regulations 2017 6
(3) Subregulation (1) does not apply if:
(a) the person discloses the confidential information:
(i) with the consent of the person to whom the information
relates; or
(ii) for legal proceedings arising out of the operation of the
Act; or
(iii) for public health information – in a statistical form that
does not identify:
(A) the woman to whom the information relates; or
(B) the medical practitioner who provided the
information; or
(C) the premises for performing terminations to which
the information relates; or
(b) the confidential information is otherwise available to the public.
Note for subregulation (3)
In addition to the circumstances mentioned in subregulation (3), a person who
discloses confidential information will not be criminally responsible for an offence
if the disclosure is justified or excused by or under a law (see section 43BE of the
Criminal Code).
(4) In this regulation:
confidential information means any information that relates to a
confidential matter.
confidential matter means a matter which includes any of the
following:
(a) details regarding a termination, including:
(i) any personal details of a woman receiving a
termination; and
(ii) any circumstances (medical, psychological or social)
relating to a termination; and
(iii) any personal or professional details of a person involved
in the performance of a termination;
(b) details of any advice provided to a woman in relation to
anything under the Act.
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ENDNOTES
Termination of Pregnancy Law Reform Regulations 2017 7
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Termination of Pregnancy Law Reform Regulations (SL No. 20, 2017)
Notified 29 June 2017
Commenced 1 July 2017 (r 2, s 2 Termination of Pregnancy Law Reform
Act 2017 (Act No. 7, 2017) and Gaz S38, 28 June 2017)
Termination of Pregnancy Law Reform Amendment Regulations 2018 (SL No. 17, 2018)
Notified 4 July 2018
Commenced 4 July 2018
Termination of Pregnancy Law Reform Legislation Amendment Act 2021 (Act No. 26,
2021)
Assent date 15 December 2021
Commenced 16 December 2021 (s 2)
Termination of Pregnancy Law Reform Amendment Regulations 2022 (SL No. 10, 2022)
Notified 3 August 2022
Commenced 4 August 2022
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: rr 1 and 4.
4 LIST OF AMENDMENTS
pt 2 hdg rep Act No. 26, 2021, s 9
r 3 rep Act No. 26, 2021, s 9
r 4 amd No. 17, 2018, r 4
rep Act No. 26, 2021, s 9
r 8 amd Act No. 26, 2021, s 10; No. 10, 2022, r 4
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