Lyla Lindsey
Abortion law in Australia varies across states and territories, with each state and territory responsible for abortion law and holding different rules. Abortion is legal in all states and territories under certain circumstances and must be carried out by a registered medical professional. There are two types of abortion: medical and surgical. A medical abortion can be performed up to nine weeks from the first day of a woman's last period, while a surgical abortion is usually carried out between seven and twelve weeks from the first day of a woman's last period. After 22 weeks of pregnancy, abortions must be approved by two doctors and must take place in a hospital or approved medical facility.
| Characteristics | Values |
|---|---|
| Abortion legality in Australia | Legal in all states and territories under certain circumstances and when performed by a registered medical professional |
| Abortion approval requirements | After 22 weeks, 2 doctors must approve the procedure; after 24 weeks, the procedure must be performed in a hospital or approved medical facility |
| Late-term abortion definition | Termination of pregnancy after 20 weeks of pregnancy |
| Medical abortion availability | Up to 9 weeks of pregnancy |
| Surgical abortion availability | Up to 15 weeks and 6 days of pregnancy; typically performed within the first trimester (12 weeks) |
| Abortion counselling | Available through various organisations, including MSI Australia, Children by Choice, 1800 My Options, and 1800 Respect |
| Contraception after abortion | Long-acting reversible contraception, such as IUDs or contraceptive implants, can be used after an abortion |
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What You'll Learn
Abortion laws vary across Australia
In the Australian Capital Territory (ACT), a medical abortion can be performed by a medical professional up to nine weeks of pregnancy, and a surgical abortion up to 15 weeks and six days. After 16 weeks, an appointment in Sydney may be required. The ACT has a broader definition of "child destruction", which is considered an offence in some states. The ACT only requires a single physician's approval for abortions after 16 weeks, whereas most other states require the approval of two doctors.
In New South Wales (NSW), a doctor can perform an abortion up to the 22nd week of pregnancy. After 22 weeks, two doctors must approve the abortion, and it must take place in a hospital or approved medical facility. NSW does not have a "child destruction" enactment, but it does have laws that criminalise the destruction of a foetus outside of a medical procedure or lawful termination of pregnancy.
In Queensland, a doctor can perform an abortion up to the 22nd week of pregnancy. After 22 weeks, two doctors must approve the abortion.
In South Australia, a doctor can perform an abortion up to the 22nd week and six days. After 23 weeks, two doctors must approve the abortion if they agree that the woman's health or mental wellbeing is at risk, to save another fetus in a multiple pregnancy, or if the fetus has a serious abnormality.
In Tasmania, a doctor can perform an abortion up to the 16th week of pregnancy. After 16 weeks, two doctors must approve the abortion. After 20 weeks, abortions can only be performed for medical reasons.
In Victoria, a doctor can perform an abortion up to the 24th week of pregnancy. After 24 weeks, two doctors must approve the abortion.
In Western Australia, abortions are available before 23 weeks of pregnancy, after which they become limited. Western Australia is the only state where abortion is still regulated by the Criminal Code, and references to abortion care remain in its criminal codes.
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Surgical abortion procedure
Abortion laws in Australia vary across states and territories, and while abortion is legal throughout Australia, each state and territory has different rules. A surgical abortion is a safe, common, and effective day procedure used to end a pregnancy. It involves a surgical procedure to empty the uterus and is mostly performed in the first trimester. However, in some states and territories, you can have a surgical abortion until the 24th week of pregnancy. The procedure is safe when carried out by experienced medical professionals in accredited clinics and is over 99% effective, with a low risk of complications.
Before the procedure, it is essential to have a shower and remove all jewellery and makeup. You will be asked not to eat anything for about 6 hours before the abortion. You will be at the clinic for around 3 to 4 hours, including pre- and post-operative care. When you arrive, you will be asked to fill out a registration card with your name, address, and contact phone number. You will also need to provide contact details for your support person, who can accompany you into the clinic.
The surgical abortion procedure itself takes about 5 to 10 minutes, followed by a minimum of 1 hour in a private recovery bay. You will be given an anaesthetic to make you feel sleepy and drowsy so that you don't know what is happening and won't feel any pain. In some cases, twilight anaesthetic is given, which will make you feel like you are floating, followed by a local anaesthetic. You will be unconscious during the procedure and may have vague memories of it afterward. After the procedure, you may experience mild to moderate cramping, similar to strong period pain, which can be managed with uterine massage, heat therapy, or pain relief medication.
Before the abortion, the doctor must obtain your informed consent. They will explain the procedure and associated risks, and you will need to sign a consent form stating that you understand the risks and possible complications. The doctor will also confirm your pregnancy and gestation through an internal examination or an abdominal ultrasound scan.
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Medical abortion procedure
Abortion law in Australia varies across states and territories. Abortion is legal in all states and territories under certain circumstances, and must be performed by a registered medical professional. In most states and territories, it is illegal to protest within 150m of a clinic or service that provides abortions.
There are two types of abortions to end a pregnancy: surgical abortion and medical abortion. A surgical abortion involves a surgical procedure to empty the uterus and is performed in a clinic or hospital. A medical abortion, on the other hand, is a safe and effective method of ending an early pregnancy of up to 9 weeks gestation using medication rather than surgery. It is similar to a miscarriage but is induced by medication.
A medical abortion procedure usually involves the following steps:
- Take a tablet of mifepristone, also called RU486 or the 'abortion pill'. Most people will not notice any effect after taking this medicine.
- Take a tablet of misoprostol 24 to 48 hours later. This softens the cervix and helps the uterus push out the pregnancy.
- Stay at home for the next 6-10 hours and make other arrangements for anyone under your care.
- Get a responsible adult to stay with you so they can drive you to a clinic or hospital if you need extra care.
- The abortion will be completed a few hours later, although it may take longer.
- Plan for a day or two of rest or reduced activity.
- Keep in contact with the clinic via telephone in case you have any questions or concerns during and after the procedure.
After the second medication abortion tablet, you may experience nausea, vomiting, diarrhoea, dizziness, headache, fever, and chills. These symptoms usually subside within hours. Expect intense cramping and heavy bleeding with clots during this period. Symptoms generally ease after pregnancy expulsion, with light bleeding potentially lasting several weeks.
It is important to attend a follow-up appointment to ensure the abortion is complete and that you are feeling well. A follow-up blood test or a special urine pregnancy test is usually taken to test for pregnancy hormones.
Medical abortion is a low-risk, non-surgical option for early termination with a high success rate of up to 98%. It is effective for around 95 to 98% of pregnancies (up to 9 weeks) and no further treatment is needed. It does not require a hospital or day surgery, so it does not require a surgeon, anaesthetist, or other medical staff. This makes it a suitable alternative for people in remote areas as long as they have access to emergency care.
Serious complications of medication abortion are uncommon. However, it is important to be aware of the following:
- Haemorrhage (very heavy bleeding) – haemorrhage requiring a blood transfusion occurs in fewer than one in 1,000. Seek immediate medical attention if you are filling more than 2 large pads an hour for more than 2 hours, passing clots the size of a small lemon, or feel weak or faint.
- Retained products – pieces of tissue may remain in the womb and cause ongoing bleeding. These will usually pass with time without treatment, but you might need repeat tablets or a small surgical procedure to remove them.
- Continued pregnancy – in around one per cent, medication abortion does not work and the pregnancy remains. The tablets can be repeated (if the pregnancy is no more than 9 weeks), otherwise a surgical abortion may be required.
- Infection (needing antibiotic treatment) – this happens to one per cent of people.
After you've had an abortion, your normal menstrual cycle (periods) will return, and you can become pregnant again. You can talk to your doctor or clinic about the best type of contraception for you and when to start using it.
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Counselling and support services
Abortion is legal throughout Australia, but each state and territory has different rules and varying access to abortion services. Abortion laws in Australia allow abortions to be performed at any stage during pregnancy, but the specific number of weeks of pregnancy varies across states. In most cases, abortions can be performed up to 22 weeks, after which two doctors must approve the procedure. In some states, abortions can be performed up to 24 weeks, and in rare cases, abortions can be performed after 24 weeks for medical reasons.
The first step in seeking counselling and support services is often consulting your doctor or local Family Planning clinic. These healthcare professionals can provide referrals and guidance on the next steps. Additionally, online resources and hotlines are available, such as MSI Australia, which offers abortion counselling online or via appointment. Children by Choice also provides free all-options pregnancy counselling, post-abortion counselling, and referrals in Queensland, with a nationwide hotline available.
1800 My Options is another valuable resource, offering detailed information on abortion laws in Victoria and guidance on understanding legal aspects, regulations, and rights. For those who have experienced sexual assault or domestic family violence, 1800 Respect provides a national 24/7 counselling service. PANDA specifically caters to individuals experiencing anxiety or depression around pregnancy, offering support and guidance.
It is important to note that some pregnancy support counselling services are subsidised by Medicare, providing financial assistance for sessions with doctors, social workers, mental health nurses, or psychologists. Additionally, specific organisations, such as Birthline, offer free and confidential post-abortion counselling services to help individuals navigate the emotional side effects of abortion.
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Contraception after abortion
Abortion laws in Australia vary across states and territories, and abortions can be performed at any stage of pregnancy. However, the focus of this response will be on contraception after abortion.
After an abortion, fertility returns almost immediately, and an egg can be released from the ovary as soon as five days after treatment. This means that you could become pregnant again before your next period. Therefore, it is important to consider contraception after an abortion.
The best time to start contraception depends on the contraceptive method chosen. For Long-Acting Reversible Contraception (LARC) methods such as the coil, implant, or injection, it is best to start immediately after the pregnancy has passed. If this is not possible or if you are unsure about your preferred method of contraception, short-term methods such as the mini pill can be used as a "bridging method".
If you are having a medical abortion and want to start taking the progestogen-only pill (mini pill), combined contraceptive pill, contraceptive patch, or the contraceptive ring, these methods can be started the day after taking the second set of abortion tablets. The mini pill is always effective after 48 hours, while other methods such as the combined pill, implant, injection, and hormonal coil will require additional contraception (e.g., condoms) for seven days if started after five days.
Emergency contraception such as the levonorgestrel pill, ulipristal acetate (UPA), and EllaOne® can be used to prevent pregnancy after unprotected sex. The levonorgestrel pill and UPA can be taken up to 72 hours and 120 hours (5 days) after unprotected sex, respectively, while EllaOne® provides very high protection for up to 5 days after unprotected sex.
It is important to note that you can discuss your preferred contraception method during your medical assessment, and initial contraception can often be supplied during your abortion treatment. However, you may need to contact your GP or local family planning service for future contraceptive needs.
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Frequently asked questions
There are two types of abortion available in Australia: medical and surgical. A medical abortion involves taking two separate drugs to stop a pregnancy and can be done at home. A surgical abortion is a procedure to empty the uterus and is carried out in a clinic or hospital.
The gestation limit for abortions varies across different states and territories in Australia. In Queensland, New South Wales, and South Australia, abortions can be performed by a doctor up to the 22nd week of pregnancy. In Victoria, abortions can be performed by a doctor up to the 24th week of pregnancy. In Tasmania, abortions can be performed by a doctor up to the 16th week of pregnancy. In Western Australia, abortions are available before 23 weeks of pregnancy.
The process for getting an abortion in Australia involves consulting with a healthcare provider, such as a doctor or clinic, to discuss your options and determine your eligibility. You may need to undergo an ultrasound and blood test to confirm the gestation of the pregnancy. The specific process and requirements may vary depending on the state or territory you are in.
The cost of an abortion in Australia varies depending on the state, clinic, type of abortion, and whether it is performed in a public or private facility. If you have a Medicare card, it may cover some of the costs. It is important to discuss your options and understand the potential risks and side effects of the procedure. You should also consider your contraception options after the abortion to prevent another unplanned pregnancy.
