South
Australia
Criminal Law Consolidation Act 1935
82A Medical termination
of
pregnancy
82A. (1) Notwithstanding anything contained in section
81 or 82,
but subject to this section, a person shall not be guilty of an
offence under either of those sections-
(a) if the
pregnancy of a woman is terminated by a
legally qualified medical practitioner in a case where he and one
other legally qualified medical practitioner are of the opinion,
formed in good faith after both have personally examined the woman-
(i) that the continuance of the
pregnancy would involve
greater risk to the life of the pregnant woman, or greater risk of
injury to the physical or mental health of the pregnant woman, than if
the pregnancy were terminated; or
(ii) that there is a substantial risk that, if the
pregnancy
were not terminated and the child were born to the pregnant woman, the
child would suffer from such physical or mental abnormalities as to be
seriously handicapped,
and where the treatment for the
termination
of the
pregnancy is carried out in a hospital, or a hospital of a class,
declared by regulation to be a prescribed hospital, or a hospital of a
prescribed class, for the purposes of this section; or
(b) if the
pregnancy of a woman is terminated by a
legally qualified medical practitioner in a case where he is of the
opinion, formed in good faith, that the termination is
immediately necessary to save the life, or to prevent grave injury
to the physical or mental health, of the pregnant woman . . .
(5) Subject to subsection (6), no person is under a duty, whether
by contract or by any statutory or other legal requirement, to
participate in any treatment authorised by this section to which he
has a conscientious objection, but in any legal proceedings the burden
of proof of conscientious objection rests on the person claiming to
rely on it.
(6) Nothing in subsection (5) affects any duty to participate in
treatment which is necessary to save the life, or to prevent grave
injury to the physical or mental health, of a pregnant woman.