Ruqayyah Snyder
Abortion is currently legal in Australia, but it is not a constitutional right and is not protected by federal law. While abortion has been decriminalised across all states and territories, Western Australia is the exception, where abortion is still regulated by the Criminal Code. Abortion laws vary across the country, with different rules and levels of access in each state and territory. This creates a 'postcode lottery, with significant barriers to access for individuals living in rural and remote areas. Abortion services are also not equitably distributed, and are frequently outsourced to private providers, resulting in high out-of-pocket costs for many individuals. While abortion is broadly supported by Australians, with most opinion polls showing a majority in favour of abortion rights, there have been recent attempts by some politicians to restrict abortion access.
| Characteristics | Values |
|---|---|
| Abortion legality in Australia | Legal in all states and territories except Western Australia |
| Abortion decriminalisation in Australia | Decriminalised in all jurisdictions except Western Australia |
| Abortion services in public hospitals | Not offered in most public hospitals except in South Australia and the Northern Territory |
| Availability of medical abortions | Available in all states and territories up to 9 weeks' gestation |
| Availability of surgical abortions | Available in the ACT up to 16 weeks' gestation and in Victoria up to 24 weeks' gestation |
| Safe access zones around abortion clinics | Implemented with a 150-metre radius around clinics to protect patients from harassment |
| Requirement for parental approval | Not required |
| Requirement for multiple doctors' approval | Not required in most states for abortions up to 20-24 weeks; approval of two doctors needed for later-term abortions |
| Mandatory counselling | Not required unless requested by the patient |
| Availability of abortifacient drugs | Restricted due to requirement for approval from the Minister for Health |
| Cost of abortion services | Ranges from $165 out-of-pocket for a medical abortion to $385 out-of-pocket for a surgical abortion |
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What You'll Learn
Abortion is legal in Australia
Abortion laws vary between states and territories. In most jurisdictions, surgical abortions are available on request within the first 22 to 24 weeks of pregnancy, and up to 16 weeks in Tasmania. After this period, abortions can be obtained with the approval of two doctors, although the Australian Capital Territory only requires the approval of a single physician. In the Northern Territory, abortion requires the approval of two doctors after 24 weeks' gestation. In South Australia, abortion is legal up to 22 weeks and 6 days, after which a second medical opinion is required. In Western Australia, abortions are available before 23 weeks of pregnancy, after which they become limited.
The Termination of Pregnancy Law Reform Act, enacted on 1 July 2017, removed the need for two doctors to examine a woman before 14 weeks of gestation, implemented a 150-metre "safe access zone" around clinics, removed the requirement of parental approval, and enabled the prescription of medical abortion tablets. Since 27 March 2024, abortions may be performed up to 23 weeks, and only one health professional needs to be involved in early abortion care.
Abortion has been a central issue in Australian politics, with some politicians proposing to restrict abortion rights. While anti-abortion violence is rare in Australia, anti-abortion activists have employed tactics such as verbal abuse, threats, and impeding entry outside abortion clinics. Since 1 July 2018, it has been illegal to protest within 150 metres of an abortion clinic.
The overturning of Roe v. Wade in the US is unlikely to affect abortion rights in Australia. However, it may influence cultural attitudes towards reproductive rights. Abortion is considered a human right, and the President of the Royal Australian and New Zealand College of Obstetricians and Gynaecologists has stated that "any attempt to further legislate abortion is an attempt to deny women access to health care."
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It is not a constitutional right
Abortion is currently legal in Australia, but it is not a constitutional right. While abortion has been decriminalised across all states and territories, it is not protected under federal law. This means that abortion could be criminalised if anti-abortion state governments are elected.
In Western Australia, abortion is still regulated by the Criminal Code. In the Northern Territory, abortion requires the approval of two doctors after 24 weeks' gestation. In other parts of Australia, abortion laws vary, but it is generally legal, with some regulations and conditions. Most states allow abortions to be approved by one doctor, up to 20-24 weeks. Beyond this, abortions may only be performed if approved by two doctors and under certain conditions, such as if the mother's physical or mental health is at risk or if there are significant foetal abnormalities.
The availability of abortion services varies across Australia, with most public hospitals not offering abortion services. This has created significant cost discrepancies between providers, rendering abortion services inaccessible for many individuals. Additionally, there is a "'postcode lottery'" in Australia, where access to abortion services depends on where a person lives, creating significant difficulties for individuals in rural and remote areas.
The legal precedent for the legality of abortion in Australia was set in 1969 by the Menhennitt ruling in the Victorian Supreme Court case R v Davidson. This ruling held that abortion was lawfully justified if "necessary to preserve the physical or mental health of the woman concerned, provided that the danger involved in the abortion did not outweigh the danger which the abortion was designed to prevent". This ruling was later adopted by courts in New South Wales and Queensland and influenced some other states.
While abortion is legal in Australia, it is not a constitutional right, and there is a risk that it could be criminalised in the future if anti-abortion state governments are elected.
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Access varies between states
Abortion is legal in all states and territories of Australia, except for Western Australia, which is still regulated by the Criminal Code. However, access to abortion services varies across the states and territories.
In most jurisdictions, surgical abortions are available on request within the first 22 to 24 weeks of pregnancy. After this period, abortions may only be performed with the approval of two doctors and under certain conditions, such as if the mother's physical or mental health is at risk or if there are significant foetal abnormalities. In Tasmania, surgical abortions are available up to 16 weeks. The Australian Capital Territory only requires the approval of a single physician for abortions after 16 weeks of gestation.
Medical abortions are available in all states and territories until nine weeks of gestation. However, other countries have licensed the use of medical abortions up to 11 weeks. In the Northern Territory, abortion requires the approval of two doctors after 24 weeks of gestation.
The cost of abortion services also varies across Australia. Most public hospitals do not offer abortion services, requiring individuals to seek private clinics, which can cost hundreds of dollars out-of-pocket. This creates significant cost discrepancies between providers, making abortion services inaccessible for many. Even in the public system, barriers exist for individuals who do not have access to Medicare or government financial support.
The availability of abortion services also depends on the location, with rural and remote areas facing significant difficulties in accessing services. Telehealth may help alleviate this issue for some individuals, but it may not be suitable for everyone. Additionally, stigma surrounding abortion can deter healthcare professionals from providing abortion services, further impacting access.
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It is a human right
Abortion is currently legal in Australia, and it is unlikely that this will change in the near future. While there are no federal abortion laws, decriminalisation of the procedure has been enacted in all jurisdictions except Western Australia, which still regulates abortion under its Criminal Code.
The argument that abortion is a human right is supported by various international conventions that Australia has signed, which embody the concept of equality and non-discrimination, or giving everyone a "fair go". While international human rights law does not recognise a standalone right to abortion, the right to terminate a pregnancy falls within many recognised human rights.
For example, restrictions on abortion may be seen as violating the right to life, health, privacy/autonomy, equality/freedom from discrimination, and the right to be free from torture or cruel, inhuman, or degrading treatment or punishment. The argument that restrictions on abortion violate the right to life is supported by the relationship between unsafe abortions and maternal mortality.
Additionally, a woman's right to decide matters relating to her own body, such as the right to elective abortion, is integral to the right to privacy, autonomy, liberty, and physical integrity. Furthermore, the right to decide the number and spacing of one's children is also implicated.
Laws restricting abortion services have been viewed as violating a woman's right to be free from gender-based discrimination. This is based on the assessment that laws limiting access to abortion disproportionately affect women and reinforce gender stereotypes.
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It is broadly pro-choice
Abortion is broadly pro-choice in Australia. Abortion is legal in all states and territories of Australia, with some regulations and conditions. Abortion services are available in both public and private healthcare settings, including private clinics, community-based clinics, and some public hospitals. Medical abortions are available in all states and territories until nine weeks' gestation, while the availability of surgical abortions varies from 16 weeks in the ACT to 24 weeks in Victoria.
The legality of abortion in Australia was established in 1969 by the Menhennitt ruling in the Victorian Supreme Court case R v Davidson. This ruling held that abortion was lawfully justified if "necessary to preserve the physical or mental health of the woman concerned, provided that the danger involved in the abortion did not outweigh the danger which the abortion was designed to prevent". This ruling set a precedent that was later adopted by courts in New South Wales and Queensland and influenced other states. The interpretation of the law has since been expanded to include the mental health of the woman, with unwanted pregnancy interpreted as clinically injurious.
While abortion is broadly pro-choice in Australia, there are some complexities and variations in laws across states and territories. For example, in the Northern Territory, abortion requires the approval of two doctors after 24 weeks' gestation. In Western Australia, abortion is still regulated by the Criminal Code, and references to abortion care are included in criminal codes. Additionally, access to abortion services can be uneven across the country, with individuals in rural and remote areas facing significant barriers and higher costs.
The President of the Royal Australian and New Zealand College of Obstetricians and Gynaecologists has emphasised that abortion is "an essential healthcare service" and that "any attempt to further legislate abortion is an attempt to deny women access to health care." Abortion rights organisations in Australia, such as Family Planning NSW (FPNSW) and Amnesty International Australia, have worked to increase access to abortion services and protect reproductive rights. FPNSW, for example, has helped reduce out-of-pocket fees for medical and surgical abortions.
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Frequently asked questions
Yes, abortion is legal in all states and territories of Australia, with some regulations and conditions. Abortion has been decriminalised in all jurisdictions except Western Australia, where abortions are legal up to 23 weeks of pregnancy.
There are two primary types of abortion available in Australia: medical abortion and surgical abortion. Medical abortions are available in all states and territories until nine weeks' gestation, while the availability of surgical abortions varies from 16 weeks in the ACT to 24 weeks in Victoria.
Yes, there are some restrictions on abortion in Australia. For example, in the Northern Territory, abortion requires the approval of two doctors after 24 weeks' gestation. Additionally, there may be mandatory counselling sessions, waiting periods, and safe access zones around clinics to protect patients from harassment.
Abortion access varies across Australia and can be difficult to navigate due to differing laws and levels of access in each state and territory. Most public hospitals do not offer abortion services, and individuals may need to seek private clinics, incurring out-of-pocket costs. Stigma and provider refusal are also significant deterrents to accessing abortion services in Australia.
