Damon Mcknight
Abortion laws vary across the world, and Australia is no exception. In Australia, abortion is legal in all states and territories, but the laws on abortion timing differ from state to state. While abortion is legal, access can vary and may be difficult for some people, especially those in rural and remote areas. In this paragraph, we will explore the topic of abortion laws in Australia and answer the question: Is it illegal to abort a baby in Australia?
| Characteristics | Values |
|---|---|
| Abortion legality | Legal in all states and territories under certain circumstances. |
| Abortion timing laws | Vary from state to state. |
| Access to abortion | Decriminalised across all states and territories except Western Australia. |
| Abortion types | Medical and surgical. |
| Abortion providers | Private clinics, community-based clinics, public hospitals, telehealth services, and GPs. |
| Abortion counselling | Available but not mandated or legally required. |
| Abortion protests | Illegal within 150 meters of an abortion clinic. |
| Abortion approval | Requires the approval of two doctors after 22-24 weeks in most states. |
| Abortion safety | Safe medical procedure with supportive clinics providing advice. |
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What You'll Learn
Abortion law in Australia varies by state and territory
Abortion is legal in all states and territories of Australia, but the laws on abortion timing and access differ from state to state. In New South Wales, for example, abortion was listed as a crime under the 1900 Crimes Act until 2019, when it was removed by the Abortion Law Reform Act. Now, abortions can be performed by a doctor 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.
In the Australian Capital Territory, abortion is legal with no pregnancy gestation limit, but it can only be carried out by a doctor within an approved medical facility. In Victoria, abortions can be sought up to 24 weeks of gestation by a qualified medical practitioner, nurse, or pharmacist. In South Australia, abortions are legal up to 22 weeks and six days. After this time, a second medical opinion is required.
In Queensland, abortions are available on request as a health service up until 22 weeks of gestation. After this time, a second medical opinion is required. In Western Australia, abortions can be performed at any stage of pregnancy, but only one health professional needs to be involved in early abortion care.
Abortion services are frequently outsourced to private providers, but public hospitals do offer abortion procedures. Abortion-related violence is rare in Australia, but since 2018, it has been illegal to protest within 150 metres of an abortion clinic.
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Abortion access and legality in Western Australia
Abortion is legal in all states and territories in Australia, although the laws on abortion timing differ from state to state. Abortion has been fully decriminalised in all states and territories except for Western Australia, which is still regulated by the Criminal Code. Abortion law in Australia has continued to evolve by case law and legislative reform since colonisation. Before the end of the 19th century, abortion was illegal under any circumstance.
In Western Australia, abortions became legal on request (with a referral from a doctor) up to 20 weeks of pregnancy from May 1998. After 20 weeks of pregnancy, abortions were only able to be performed if the foetus was likely to be born with severe medical problems, which needed to be confirmed by a medical professional. A bill to create safe zones within 150 metres of abortion clinics was passed in August 2021 and went into effect on 1 September, making Western Australia the last state to introduce such a measure.
There are two types of abortion to end a pregnancy: medical abortion and surgical abortion. Medical abortions are available in all states and territories until nine weeks of gestation, while the availabilities of surgical abortions vary from 16 weeks in the ACT to 24 weeks in Victoria. Surgical abortions are mostly performed in the first trimester, but in some states and territories, they can be performed until the 24th week of pregnancy. After 22 weeks, two doctors must approve the abortion and it must take place in a hospital or approved medical facility.
Although Australia has safe and supportive abortion and family planning clinics that can provide advice, access to abortion varies between the states and territories and may be difficult for some people, particularly those living in rural and remote areas. In addition to legal barriers, non-legal barriers to abortion access include cost, geography, and deficiencies in practitioner attitudes, education, and training.
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Abortion in New South Wales
Abortion in Australia has been regulated by state law since colonisation. Before the end of the 19th century, abortion was illegal under any circumstance in Australia. However, in 1969, a legal precedent concerning the legality of abortion was set by the Menhennitt ruling in the Victorian Supreme Court case R v Davidson. This ruling held that abortion was lawful 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 other states.
In New South Wales, abortion was decriminalised in 2019 with the Abortion Law Reform Act 2019. This legislation removed abortion from the criminal code and regulated it as a medical procedure. Under this law, abortions are available on request during the first 22 weeks of gestation. After 22 weeks, two doctors must agree that the procedure is appropriate, considering the woman's current and future physical, psychological, and social circumstances. The medical practitioner performing the abortion is obligated to provide appropriate medical care if the abortion results in a live birth. The law also allows for abortions to be carried out without informed consent in certain circumstances, and it expands the categories of health practitioners who can provide abortions to include endorsed midwives and nurse practitioners.
Prior to the Abortion Law Reform Act 2019, abortion was explicitly listed as a crime in the Crimes Act 1900 of New South Wales. However, the interpretation of this law was subject to various rulings, including the Levine ruling from R v Wald of 1971, which derived from the Menhennitt ruling. The Levine ruling held that abortion was legal if a doctor had an honest and reasonable belief that, due to any economic, social, or medical grounds, the abortion was necessary to protect the woman's life or physical or mental health.
In 2025, New South Wales' abortion laws were again amended with the Abortion Law Reform Amendment (Health Care Access) Bill. This reform aimed to improve access to medical abortions, particularly in remote and regional areas of the state.
Abortion is legal in all states and territories of Australia, but the laws on abortion timing differ across jurisdictions. Abortion services are available in Australia through safe and supportive clinics, and counselling is also offered to help individuals work through their feelings and make informed decisions.
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Abortion protests in Australia
Abortion is legal in all states and territories of Australia. However, abortion laws and access to abortion services vary across the country. While abortion is available in the public health system, abortion services are frequently outsourced to private providers.
Since colonisation, abortion in Australia has been regulated by state law. Before the end of the 19th century, abortion was illegal under any circumstance. However, abortion law has since evolved through case law and legislative reform, delivering a medical framework for abortion. Abortion-related violence is rare in Australia, but anti-abortion activists have used tactics such as verbal abuse, threats, and impeding entry outside abortion clinics. In response, all jurisdictions have enacted laws prohibiting protesters from harassing visitors and staff within 150 metres of abortion clinics. These safe access zones were first introduced in Tasmania in 2013 and in Western Australia in 2021.
In 2022, thousands of Australians rallied across the country in support of abortion rights in response to the US Supreme Court's ruling limiting access to safe abortions. Protesters in Melbourne, Sydney, Brisbane, and Adelaide demanded free abortions and more accessible health services for women and pregnant people. While abortion is legal in Australia, there are still barriers to access, particularly for those in rural and remote communities.
In Western Australia, new legislation was introduced in 2023 to remove unnecessary barriers for people seeking abortions, including allowing minors to have an abortion without parental or guardian consent. In the Australian Capital Territory (ACT), abortion was removed from the criminal code in 2002, and in 2023, abortion became free for official ACT residents. In 2024, the South Australian Legislative Council voted down a bill that would have effectively banned abortion at 28 weeks.
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Abortion-related violence in Australia
Abortion-related violence is rare in Australia. However, anti-abortion activists have used tactics such as "verbal abuse, threats, and impeding entry" outside abortion clinics. In 2001, the first serious attack and murder by an anti-abortion activist occurred, perpetrated by Peter Knight. Knight forced his way into a Melbourne clinic carrying a rifle, kerosene, and equipment to lock the doors of the clinic. He intended to murder all patients and staff in the building but was overpowered after killing a security guard. Knight was convicted of murder and sentenced to life imprisonment.
In response to these tactics, all jurisdictions have enacted laws prohibiting protesters from harassing visitors and staff within a certain radius of abortion clinics. Tasmania was the first state to do so in 2013, and the High Court of Australia upheld these laws in 2019 after they were challenged by two people arrested for violating them. Since then, Western Australia has followed suit, with similar laws enacted in 2021.
Abortion rights received more attention in the 1970s across Australia due to the efforts of organisations and individuals such as the Abortion Law Reform Association (ALRA), Control Abortion Referral Service, and activist medical practitioners like Bertram Wainer. Since at least the 1980s, opinion polls have shown a majority of Australians support abortion rights, and support continues to increase. Abortion is now legal in all states and territories of Australia, and safe abortion services ensure women have timely access to appropriately trained healthcare providers.
However, there are still barriers to accessing abortion services in Australia, particularly for those in rural and remote areas. Reproductive coercion and abuse, defined as any behaviour that seeks to control a woman's reproductive autonomy, also hinder access to abortion services. Clinicians have expressed a need for more training and streamlined referral pathways for women experiencing reproductive coercion and abuse. Additionally, the politicisation of healthcare and the recent overturning of Roe v. Wade in the United States may contribute to a stigma around abortion in Australia and grant anti-choice movements a larger platform. Nevertheless, it is unlikely to influence policy or affect the existing legally protected rights surrounding abortion in Australia.
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Frequently asked questions
Yes, abortion is legal in all states and territories of Australia. However, the laws on abortion timing differ from state to state.
Abortion can be performed at any stage during pregnancy, but the approval of two doctors is needed after 22 to 24 weeks. In the Australian Capital Territory, abortion is legal with no pregnancy gestation limit. In New South Wales, abortions are performed up to 22 weeks. In South Australia, abortions are legal up to 22 weeks and 6 days. In Queensland, abortions are available on request as a health service up until 22 weeks gestation.
Only a registered medical professional can perform abortions in Australia. It is a crime for an unqualified person to perform an abortion.
There are two types of abortions available in Australia: medical and surgical. A medical abortion involves taking medication to induce a miscarriage-type process, and is available up to 9 weeks. A surgical abortion involves a surgical procedure to empty the uterus, and is mostly performed in the first trimester, but can be performed up to 24 weeks in some states.
