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Legislative Assembly for the ACT: 1998 Week 10 Hansard (25 November) . . Page.. 3016 ..


MR MOORE (Minister for Health and Community Care) (2.12 am): Mr Speaker, in speaking to that, I must say that I misread my notes and I was speaking to clause 11, which we went through quickly, and explained why it is that clause 11, which we had already removed, was removed. Arguments have already been put here by Mr Berry and others as to why this one should be removed as well.

MR OSBORNE (2.12 am): Mr Speaker, this is one of the issues that we negotiated. I reiterate what Mr Humphries said. We will monitor the situation and if someone is repeatedly brought before the relevant authorities and given a tap on the wrist, we will need to address it again, and Mr Moore has agreed. So, I will support this compromise on that issue.

Clause negatived.

Proposed new clause 12A

MR MOORE (Minister for Health and Community Care) (2.13 am): Mr Speaker, I move amendment No. 20 circulated in my name, which inserts a new clause 12A:

Page 6, line 18, Part III:

"12A. Approval of Facilities

(1) Where a facility is suitable on medical grounds for the performance of abortions, the Minister may, by instrument in writing, approve that facility or an appropriate part of that facility.

(2) The Minister shall not unreasonably refuse or delay a request by a medical facility for approval under subsection (1).".

This amendment sets up a better basis for the accreditation of facilities for the purposes of this legislation. In addition, I propose to address one of the most sensitive issues in the Bill by ensuring that political rejection of certain facilities, particularly the clinic, could not take place under the legislation. Members will acknowledge the intense sensitivity of the clinic. The main aims of the Bill as set out in the objectives are not harmed by this proposal. Indeed, the credibility of the legislation as health regulation is enhanced by this amendment. I refer particularly to clause 2 when I talk about the sensitivity.

Proposed new clause agreed to.

Clause 13 agreed to.

Clause 14

MR MOORE (Minister for Health and Community Care) (2.15 am): Mr Speaker, I move amendment No. 20A circulated in my name:

Page 7, line 9, subclause (3), definition of "report", add "or any other publication".


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