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Abortion is legal in all states and territories of Australia, but the laws on abortion timing differ from state to state. In the past, abortion was illegal in Australia under any circumstance, but since then, abortion law has continued to evolve through court rulings and legislative reform. In New South Wales, abortion was removed from the Crimes Act of 1900 in October 2019, and abortions are generally available up to 20 weeks into the pregnancy. After 22 weeks, abortions must be approved by two doctors and take place in a hospital or approved medical facility. In the Northern Territory, abortion requires the approval of two doctors after 24 weeks of gestation. In the ACT, abortions can be performed surgically up to 15 weeks and six days into the pregnancy, and medically up to nine weeks. In Victoria, abortions can be provided surgically up to 24 weeks and beyond in certain circumstances.
| Characteristics | Values |
|---|---|
| Legality of abortion | Legal in all states and territories under certain circumstances and when performed by a registered doctor |
| Abortion laws | Vary across states and territories |
| Abortion types | Medical, Surgical |
| Medical abortion limit | Up to 9 weeks |
| Surgical abortion limit | Up to 24 weeks |
| Surgical abortion duration | Around 15 minutes |
| Time spent at the clinic for surgical abortion | 4 hours |
| Requirement for referral from a doctor to visit a clinic | Except for people in Western Australia, a referral is not needed |
| Requirement for two doctors' approval | After 22-24 weeks |
| Protest within a certain distance of abortion clinic | Illegal within 150 meters |
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What You'll Learn
Abortion is legal in Australia but laws vary by state
Abortion is legal in Australia, but laws vary across its states and territories. In New South Wales, for instance, abortion was decriminalised in 2019, allowing doctors to perform the procedure after obtaining informed consent up to 22 weeks of pregnancy. After 22 weeks, abortions must be performed in a hospital or approved health facility by a specialist medical practitioner who has consulted with another practitioner. In the Australian Capital Territory, medical abortions can be performed by a medical professional up to nine weeks, and surgical abortions up to 15 weeks and six days of pregnancy. After 16 weeks, one may need to organise an appointment in Sydney.
In the Northern Territory, abortion requires the approval of two doctors after 24 weeks of gestation. In South Australia, a person must have resided in the state for at least two months before accessing abortion care. The approval of two doctors is required if continuing the pregnancy would cause great risk to the life, physical or mental health of the pregnant person, or if there is a risk of foetal anomalies.
Abortion laws in Australia have evolved over time. Before the end of the 19th century, abortion was illegal under any circumstance. A legal precedent concerning the legality of abortion was set in 1969 by the Menhennitt ruling in the Victorian Supreme Court case R v Davidson, which 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".
In 2019, the Australian Labor Party unveiled a national abortion policy, which included requiring public hospitals to offer abortion procedures under new Commonwealth funding agreements. In response, Liberal Party leader Scott Morrison stated that decisions regarding abortion laws should be left to the states.
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Abortion was decriminalised in NSW in 2019
Abortion is legal in all states and territories of Australia. However, abortion laws vary across the country, with different rules in each state and territory.
Abortion was decriminalised in New South Wales (NSW) in 2019. On 2 October 2019, the Abortion Law Reform Act 2019 received royal assent, a week after it was passed by both houses of the NSW parliament. The Act repealed sections 83 and 84 and amended section 82 of the Crimes Act 1900, removing abortion from the criminal code and regulating it as a medical procedure.
The Abortion Law Reform Act 2019 allows abortions on request during the first 22 weeks of gestation. After 22 weeks, two doctors must agree that an abortion is appropriate, based on the woman's current and future physical, psychological, and social circumstances. This is similar to laws in other states and territories. The Act also requires that abortions be performed by qualified medical practitioners and that conscientious objecting medical practitioners inform patients of their objections and provide information on accessing other willing practitioners.
The decriminalisation of abortion in NSW was the result of decades of advocacy and campaigning by numerous organisations and individuals. The reform recognises the right of women and pregnant people to make choices about their bodies and futures in consultation with their doctors, free from the fear of prosecution. It is worth noting that, while abortion is decriminalised in NSW, access to abortion services may still vary, and rural and remote areas may face additional challenges in accessing these services.
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Two doctors must approve abortions after 22-24 weeks
Abortion is legal in all states and territories of Australia, but the laws on abortion timing differ from state to territory. In most parts of Australia, abortions after 22 to 24 weeks can only be done for certain reasons and must be approved by a second doctor.
In New South Wales, 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. The same rules apply in Queensland. In South Australia, abortions can be performed by a doctor up to the 22nd week and 6 days of pregnancy. After 23 weeks, two doctors must approve the abortion and only if they agree that the health or mental wellbeing of the pregnant person is at risk, to save another fetus (multiple pregnancy) or if the fetus has a serious abnormality.
In Victoria, abortions can be performed by a doctor up to the 24th week of pregnancy. After 24 weeks, two doctors must approve the abortion. In Western Australia, abortions can be performed before 23 weeks of pregnancy. After this, abortions become limited. In the Northern Territory, abortions can be performed up to week 24 of pregnancy. After 24 weeks, two doctors must approve the procedure.
In the Australian Capital Territory, abortions can be performed up to 9 weeks through a medical professional. A surgical abortion can be performed up to 15 weeks and six days of pregnancy. After 16 weeks, an appointment may need to be organised in Sydney.
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It's illegal to protest within 150m of abortion clinics
Abortion is legal in all states and territories of Australia, but the laws on abortion timing differ from state to territory. In most states and territories, it is illegal to protest within 150 metres of a clinic that provides abortions. This is known as a "safe access zone", which prevents protesting about abortion within a prescribed area surrounding a clinic.
Tasmania was the first state to implement these safe access zones in 2013, and in April 2019, the High Court of Australia upheld these laws after they were challenged by two people arrested for violating them. The petitioners claimed their right to freedom of political communication had been denied, but the court dismissed the appeals, stating that the laws served a legitimate purpose. In August 2021, Western Australia became the last state to introduce safe access zones.
The implementation of these safe access zones was a response to anti-abortion activists' tactics, including "verbal abuse, threats, and impeding entry" outside abortion clinics. The laws prohibit protesters from harassing visitors and staff within a certain radius of abortion clinics. For example, in South Australia, the 'Safe Access Zone' bill makes it an offence to protest within 150m of a clinic, protecting patients and workers from harassment, intimidation, and threats.
In the Australian Capital Territory, it has been an offence to protest within 50 metres of an abortion clinic since March 2016, while in Tasmania, the law prohibits protests within 150 metres of abortion clinics, in addition to filming and intimidation of patients or staff.
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Abortions can be medical or surgical
Abortion is legal in all states and territories in Australia, but the laws on abortion timing differ from state to state. In Australia, there are two types of abortions: medical and surgical. A medical abortion uses a combination of drugs to end an early pregnancy. It is a safe procedure that works by stopping the growth of the pregnancy and causing the uterine lining to shed. The mifepristone and misoprostol regimen can be used up to 12 weeks for an at-home abortion. The Federal Drug Administration (FDA) has approved the use of mifepristone and misoprostol for medical abortions as safe and effective up to 10 weeks of gestation, but there is evidence that it is safe beyond 10 weeks. In the ACT, a medical abortion can be performed up to nine weeks through a medical professional.
A surgical abortion involves a surgical procedure to empty the uterus. It is mostly performed in the first trimester, but in some states and territories, it can be performed until the 24th week of pregnancy. In the ACT, a surgical abortion can be performed up to 15 weeks and six days of pregnancy. After 16 weeks, the person seeking an abortion may have to organise an appointment in Sydney. In New South Wales, a surgical abortion 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 NSW, services for abortion are generally available up to 20 weeks of pregnancy, but services for later abortions are more limited. Later abortions are sometimes performed for serious medical reasons, including fetal abnormalities.
In most parts of Australia, abortions after 22 to 24 weeks can only be performed for certain reasons and must be approved by a second doctor. In most states and territories, it is illegal to protest within 150 metres of a clinic that provides abortions.
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Frequently asked questions
Yes, abortion is legal in all states and territories of Australia.
Abortion is illegal in Australia when it is performed by an unqualified person. Abortions must not be performed for the purpose of gender-biased sex selection.
Yes, abortions can be performed at any stage during pregnancy but the laws on abortion timing differ from state to territory. In New South Wales, abortions can be performed 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 ACT, abortions can be performed up to 15 weeks and six days of pregnancy. After 16 weeks, an appointment in Sydney may be required.
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 can be performed up to 9 weeks from the first day of a woman's last period. A surgical abortion is a short procedure that can be performed in a clinic or hospital and takes about 15 minutes.
Yes, in most parts of Australia, it is illegal to protest within 150 meters of a clinic that provides abortions.
