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Legislative Assembly for the ACT: 2002 Week 9 Hansard (21 August) . . Page.. 2588 ..


MR STEFANIAK (continuing):

Sections 8, 9 and 10 are the crucial sections. The scrutiny of bills report gives the pros and cons and the arguments on both sides of the rights issues involved. It comments on some of the sections that would be repealed if Mr Berry's bill got up. It makes some very powerful comments on the rights of women and how they could be adversely affected by information not being provided.

Who could oppose sections 8, 9 and 10? Section 8 states:

8 What information must be provided

(1) Where it is proposed to perform an abortion a medical practitioner shall-

(a) properly, appropriately and adequately provide the woman with advice about-

(i) the medical risks of termination of pregnancy and of carrying a pregnancy to term; and

(ii) any particular medical risks specific to the woman concerned of termination of pregnancy and of carrying a pregnancy to term; and

(iii) any particular medical risks associated with the type of abortion procedure proposed to be used; and

(iv) the probable gestational age of the foetus at the time the abortion will be performed; and

(b) offer the woman the opportunity of referral to appropriate and adequate counselling-

(i) about her decision to terminate the pregnancy or to carry the pregnancy to term; and

(ii) after termination of pregnancy or during and after carrying the pregnancy to term; and

(c) provide the woman with any information approved under section 14 (2)-

which deals with the advisory panel appointed by the minister to approve this information-

(d) provide the woman with any information approved under section 14 (4); and

(e) provide the woman with any information approved under section 14 (5).

(2) No charge shall be made for the materials provided under subsection (1) (c), (1) (d) or (1) (e).

(3) Complying with this section does not in itself discharge any other contractual, statutory or other legal obligation of a medical practitioner or other person to provide information to a patient.

Section 9 refers to a declaration that the information has been provided, provides that people should not make a false declaration and provides for a penalty if they do. Section 10, which was quoted by the scrutiny of bills committee, states:


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