Lyla Lindsey
Abortion is legal in all states and territories of Australia, however, abortion laws vary across the country, and access can be difficult for some people. Abortion was decriminalised in Western Australia in 2023, making it the last state to do so. Each state and territory is responsible for abortion law and has different rules, including varying pregnancy gestation limits, conditions for access, and requirements for counselling.
| Characteristics | Values |
|---|---|
| Abortion legality in Australia | Legal in all states and territories under certain circumstances |
| Abortion legality in Western Australia | Legal but the only state or territory where abortion is regulated by the Criminal Code |
| Abortion legality in Australian Capital Territory | Legal with no pregnancy gestation limit |
| Abortion legality in Tasmania | Legal up to 16 weeks of pregnancy |
| Abortion legality in South Australia | Legal up to 22 weeks and 6 days of pregnancy |
| Abortion legality in Victoria | Legal up to 24 weeks of pregnancy |
| Abortion legality in New South Wales | Legal up to 22 weeks of pregnancy |
| Abortion legality in Northern Territory | Legal up to 24 weeks of pregnancy |
| Gestational limit in Australian Capital Territory for medical abortion | Up to 9 weeks |
| Gestational limit in Australian Capital Territory for surgical abortion | Up to 15 weeks and 6 days |
| Gestational limit in New South Wales for abortion | Up to 22 weeks |
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What You'll Learn
Abortion laws in the Australian Capital Territory (ACT)
Abortion laws in Australia vary between states and territories. Abortion was decriminalised in the Australian Capital Territory (ACT) in 2002, and the region now has the most liberal abortion laws in the country. Abortion is legal in the ACT with no pregnancy gestation limit. However, it can only be carried out by a doctor within an approved medical facility. The ACT Health Minister must give their approval for any facility where surgical abortions are provided.
In the ACT, a medical abortion can be legally obtained up to 16 weeks, and a surgical abortion must be carried out by a doctor in an approved medical facility. It is an offence carrying a penalty of imprisonment for five years for a person who is not a doctor to perform a termination. It is also an offence carrying a penalty of 50 penalty units or imprisonment for six months to perform a surgical abortion outside of an approved medical facility. It is illegal for someone other than a doctor to supply or administer abortion medicine to someone, with the aim of ending a pregnancy.
The ACT has enacted provisions making it a criminal offence to interfere with a person accessing an abortion clinic or to protest within 50 metres of a clinic during its hours of operation. This is in line with other Australian jurisdictions, which have also implemented laws prohibiting protesters from harassing visitors and staff within a certain radius of abortion clinics. Since June 2024, nurses and midwives have been allowed to prescribe abortion medication in the ACT, in addition to doctors. Abortion services in the ACT are free for official residents.
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Abortion access in Victoria
Abortion is legal in all states and territories of Australia, including Victoria. However, abortion access and laws can vary between states and territories. In Victoria, abortion was decriminalised with the Abortion Law Reform Act 2008, which set out guidelines for when abortion can take place.
According to the Act, a woman or pregnant person can access abortion services up to a gestational limit of 24 weeks. Beyond 24 weeks, a medical practitioner can provide an abortion if another medical practitioner agrees that it is appropriate in all circumstances. Abortion services in Victoria are located in both Melbourne and regional areas, offering both surgical and medication abortions.
In Victoria, a GP who has a conscientious objection to abortion must refer the patient to another medical practitioner who does not object. If the GP fails to do so, a complaint can be made to the Victorian Health Complaints Commissioner or the Australian Health Practitioner Regulation Agency (AHPRA). The Public Health and Wellbeing Amendment (Safe Access Zones) Act 2015 was introduced to ensure that anyone entering an abortion service can do so safely and privately, without fear or harassment. This legislation prohibits certain behaviours within 150 metres of an abortion service, including communicating about abortion in a manner that could be seen or heard by a person accessing the service, and which is reasonably likely to cause distress or anxiety.
Victoria Legal Aid provides support and representation to Victorians with legal problems, offering online chat services and interpreters for those who need them. 1800 My Options is Victoria's sexual and reproductive health information and phone service, providing confidential and pro-choice support. The service can provide information about contraception, pregnancy options, and sexual health, as well as pathways to abortion services across Victoria.
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Western Australia's abortion decriminalisation
Abortion in Australia is legal, and decriminalisation of the procedure has been enacted in all jurisdictions. However, access to abortion services varies between states and territories. In Western Australia, abortion was decriminalised in 2023, bringing the state in line with other Australian jurisdictions. The new laws cement access to equitable and improved healthcare for women across the state.
Previously, abortion was legal in Western Australia from May 1998, when abortions became available on request up to 20 weeks into a pregnancy. However, this was subject to counselling by a medical practitioner other than the one performing the abortion. After 20 weeks, abortions were only performed if the foetus was likely to be born with severe medical problems, which needed to be confirmed by two independently appointed doctors.
The 2023 Act removed the mandatory counselling provision and the requirement for Ministerial approval for a health service to perform late abortions. It also reduced the number of health practitioners required to be involved in most abortions from two to one, allowing nurse practitioners and endorsed midwives to prescribe abortion drugs within their scope of practice.
In Western Australia, abortions can be performed up to 23 weeks into a pregnancy. After this, abortions become limited and require the approval of two doctors, who must agree that the health or mental wellbeing of the woman is at risk, or that there is a risk of foetal anomalies.
While abortion is now more accessible in Western Australia, some barriers remain. For example, those living in rural and remote areas may still face challenges in accessing abortion services, as these services are primarily located in urban centres.
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Northern Territory's abortion approval process
Abortion in Australia is legal, and it is no longer considered a criminal offence. There are no federal abortion laws, although decriminalisation of the procedure has been enacted in all jurisdictions. However, access to abortion varies between states and territories.
In the Northern Territory, abortion can be performed up to week 24 of pregnancy. After this point, abortions are only permitted with the approval of two doctors. This is a change from previous legislation, which required the approval of two doctors for abortions after 14 weeks of pregnancy. 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 and implemented a 150-metre "safe access zone" around clinics.
In the Northern Territory, surgical and medical abortions are available in the public health system. This is unusual in Australia, where abortion services are typically outsourced to private providers. The Interpretive Report 2018 recorded 742 abortions in the previous 12 months, with 73% being medical abortions with tablets before 9 weeks of gestation.
The process for approving abortions in the Northern Territory is similar to that of other states. In South Australia, abortions after 22 weeks and 6 days require the consultation of another medical practitioner. Two doctors must also approve abortions after 23 weeks, unless there is a danger to the life of the woman or, in a multiple pregnancy, another foetus. In New South Wales, abortions after 22 weeks require the consultation and approval of a second medical practitioner, and the procedure must take place in a hospital or approved medical facility.
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Abortion availability in South Australia
Abortion is legal throughout Australia, although each state and territory has different rules. Abortion laws have been decriminalised in all jurisdictions, and abortion services are generally available in both public and private healthcare settings. However, access can vary between states and territories, and rural and remote areas may face additional challenges in accessing abortion services.
In South Australia, abortion is legal up to 22 weeks and 6 days of gestation. After this period, a medical practitioner must consult another medical practitioner, and both must agree that the termination is medically appropriate. The involved medical practitioners must consider the risks to the life, physical or mental health of the pregnant individual, as well as the potential for foetal anomalies. Before the procedure, a registered medical practitioner is legally required to provide all necessary information regarding access to counselling. Abortion services in South Australia are available at no or low cost at select public health facilities, including the Pregnancy Advisory Centre, a registered hospital with doctors available for approval. Both medical and surgical abortions are performed at the Pregnancy Advisory Centre, and surgical abortions are also available at some public hospitals, including country hospitals. Medication abortion, which involves taking medication to induce a miscarriage, can be accessed at some GPs. It is important to note that a doctor or nurse with conscientious objections must disclose their objections and refer the patient to a practitioner or service without such objections. Safe access zones of 150 metres have been established around termination services in South Australia to ensure patient privacy and safety.
The legal framework for 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. Over time, the interpretation of "mental health" has broadened to include the potential clinical injury caused by an unwanted pregnancy.
In conclusion, abortion is legal and accessible in South Australia, with a framework in place to ensure the safety and wellbeing of those seeking termination. While abortion is available at no or low cost in some public health facilities, both surgical and medical abortion methods are offered, and safe access zones protect patients from harassment and ensure privacy.
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Frequently asked questions
Abortion is legal in all states and territories of Australia, but access to abortion services may vary.
Abortion is legal in the Australian Capital Territory with no pregnancy gestation limit. A medical abortion can be performed by a medical professional up to nine weeks, and a surgical abortion can be performed up to 15 weeks and six days of pregnancy.
Abortion is legal in New South Wales. A termination can be sought up to 22 weeks of gestation. After 22 weeks, two doctors must approve the abortion, and it must take place in a hospital or approved medical facility.
Abortion is legal in South Australia up to 22 weeks and six days of pregnancy. After 23 weeks, two doctors must approve the abortion and agree that the health or mental well-being of the woman is at risk, or there are risks of foetal anomalies.
Abortion is legal in Western Australia up to 23 weeks of pregnancy. After this, abortions become limited and require the agreement of two doctors who must agree that there is a severe medical condition that justifies the procedure.
