Right to Life asks why no criminal charges over illegal abortions

Friday, May 2nd, 2014

The Health Practitioners Disciplinary Tribunal recently found a doctor guilty of professional misconduct.

Doctor N has been granted permanent name suppression by the High Court.

The pro life organisation Right to Life wants to know why why criminal charges have not been laid.

The Tribunal found that the doctor had breached the Contraception Sterilisation Act 1977.

The Act requires that:

Two certifying consultants appointed by the Abortion Supervisory Committee authorise an an abortion
Pregnancy counselling be available and offered
Abortions take place only in a facility licensed to perform abortions

Right to Life contacted the Tribunal about the case on 8 April.

Tribunal responded by saying that it was not the duty of the Tribunal to refer the matter to the Police.

Right to life has also written to the Abortion Supervisory Committee asking:

If the Committee was aware of this Tribunal hearing concerning Doctor N?
If they were, when was Committee became aware of the hearing?
If the Committee was aware of the hearing, what action did it take?
Who, in the Committee’s opinion, was responsible for ensuring that the breaches of the Crimes Act by Doctor N were referred to the Police?
If the Committee has a duty in terms of section 14 of the Contraception Sterilisation and Abortion Act 1977, to seek to have the breach of section 183, of the Crimes Act 1961, by Doctor N, investigated by the Police?
If, in view of the permanent name suppression ordered by the High Court, it would appear that Dr N will now not be required to be held accountable for the serious breaches of the Crimes Act?
If the Committee is considering making a submission to the Minister of Justice to seek a change to the Health Practitioners Competence Act 2004 to ensure that in future that where there is a breach of the Crimes Act, that these matters are referred to the Police?

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