Abortion in Australia
SUMMARY OF AUSTRALIAN ABORTION LAWS
Australian State & Territory Termination of Pregnancy jurisdictions
STATE | LAW (link) / year | Main Aspects of legislation | Political Party’s Bill |
Queensland | Abortion to birth legal for any reason – 22 weeks on request. – 22 weeks to birth on a range of criteria including “social circumstances”. – Doctors with conscientious objection to abortion must refer anyway. – No safeguards for women considering abortion (like counselling). – 150 metre exclusion zone around abortion clinics. – No provision to provide medical care for babies born alive in failed abortion procedures (babies left to die). – No ban on partial birth abortions (the cruel method banned in the US where a late-term baby is partially delivered feet first and then the baby’s head is decompressed while still in the birth canal). | Labor | |
Victoria | Abortion to birth legal for any reason 24 weeks on request. – 24 weeks to birth on a range of criteria including “social circumstances”. – Doctors with conscientious objection to abortion must refer anyway. – No safeguards for women considering abortion (like counselling). – 150 metre exclusion zone around abortion clinics. – No provision to provide medical care for babies born alive in failed abortion procedures (babies left to die). – No ban on partial birth abortions. – Babies born alive in failed abortions are left to die.
| Labor | |
Tasmania | Abortion to 16 weeks for any reason; 16 weeks up to birth for medical/ psychological reasons. – 16 weeks on request. – 16 weeks to birth requiring consent of two doctors on medical or psychological grounds. – At least one of the doctors must specialise in obstetrics or gynaecology. – Doctors with conscientious objection to abortion must refer anyway. – Doctors, nurses and midwives continue to have a duty to treat during an emergency if a termination is necessary to save the life of the pregnant woman or prevent serious physical injury. – Doctors who hold a conscientious objection and fail to provide a woman with the list of prescribed health services risk professional (not criminal) sanctions. – It is a crime for a person to terminate a pregnancy without a woman’s consent. – It is also a crime for a person who is not a medical practitioner to terminate a pregnancy. – 150 metre exclusion zone. – No provision to provide medical care for babies born alive in failed abortion procedures (babies left to die). – No ban on partial birth abortions. – No safeguards for women considering abortion (like counselling). – Babies born alive in failed abortions are left to die.
| Labor | |
Western Australia | Abortion to 20 weeks for any reason; 20 weeks to birth for medical reasons. – Legal Up to 20 weeks on request to counselling by a medical practitioner other than the one performing the abortion – When the life or physical or mental health of the woman is endangered and when the pregnancy causes serious danger to the woman’s mental health, or when serious personal, family or social circumstances, – After 20 weeks, for severe fetal abnormality – must be confirmed by two independently appointed doctors. – The medical practitioner must provide the woman with counselling about the medical risks of having a termination and of continuing the pregnancy. – No provision to provide medical care for babies born alive in failed abortion procedures (babies left to die). – No ban on partial birth abortions. – Babies born alive in failed abortions are left to die. | Labor | |
ACT | Abortion to birth legal for any reason Abortion is legal at any gestation until birth. -Abortion is permitted by any registered medical practitioner in a medical facility or part of a medical facility approved by the Minister for Health. – Every person has the right to refuse to assist with an abortion. – 50 metre exclusion zones around abortion clinics. Penalty for breach: maximum 25 penalty units for engaging in prohibited behaviour; maximum 50 penalty units and/or 6 months’ imprisonment for publishing video of person entering/leaving facility. – No provision to provide medical care for babies born alive in failed abortion procedures (babies left to die). – No ban on partial birth abortions. – No safeguards for women considering abortion (like counselling). – Babies born alive in failed abortions are left to die. | Labor | |
South Australia | Abortion legal to 28 weeks gestation for maternal physical or psychological distress Two doctor approval requirement No supports given to women considering abortion No medical care given to babies born alive in failed abortion All abortions done at public facilities Babies born alive in failed abortions are left to die. Note: The South Australian Government was the first government to legalise abortion in Australia – passing law in 1969, which was enacted in 1970. It was a Liberal government (via a private members Bill) | Liberal | |
New South Wales | Abortion legal for any reason to 22 weeks gestation Abortion legal post 22 weeks up to birth for maternal physical or psychological distress with a second doctors approval Mild restrictions around sex-selective abortion Medical care must be provided to babies born alive in failed abortions (NSW is the only state to have such a provision)
| Liberal (via a private members Bill) | |
| Northern Territory | Abortion to 14 weeks for any reason. Abortion 14 to 23 weeks based on wide range of criteria including “social circumstances”. Post 23 weeks abortion is legal to save a woman’s life. -Abortion legal up to 14 weeks gestation on request – Abortion legal 14 weeks to 23 weeks on under a broad of criteria including social circumstances. -Abortion legal from 23 weeks gestation to save the life of a woman. – 150 metre exclusion zone around abortion clinics – no requirement of parental approval for abortions – RU486 tablets provided for early medical abortions. – Doctors with conscientious objection to abortion must refer anyway. – No provision to provide medical care for babies born alive in failed abortion procedures (babies left to die). – No ban on partial birth abortions. – No safeguards for women considering abortion (like counselling). – Babies born alive in failed abortions are left to die. | Labor |