Abortion Laws in Australia: Rules and Access Across States and Territories

There are different rules governing access to abortion in each state and territory and continued barriers to access, particularly for marginalised communities. Abortion is legal in all states and territories under certain circumstances and when it is performed by a registered medical professional. However, the recent decision on Roe v Wade in the United States has put abortion rights in Australia back in the spotlight.

The Impact of Global Legal Changes

The overturning of Roe v Wade has highlighted issues around access to services in Australia. Australian political leaders expressed their dismay about the US court's decision, with Minister for Women Katy Gallagher warning of the potential for abortion rights to backslide here. "I think the message to me from that decision in America was the need to remain vigilant because hard-fought-for wins before our parliament can be taken away easily," she said on ABC radio. Deputy Liberal leader Sussan Ley added that the ruling is a "step backwards" for the US and expressed discomfort with putting a sensitive issue in the same sentence as criminal.

State and Territory Regulations

South Australia

New abortion laws have come into effect in South Australia, moving abortion from the criminal code into healthcare legislation. The Termination of Pregnancy Bill was passed in 2021 but the legal changes were not implemented until 7 July 2022. Historically, in 1969, South Australia became the first Australian jurisdiction to legislate for the lawful medical termination of pregnancy when necessary. Following a review in 2019, the law was removed from criminal jurisdiction to a standalone act treating abortion as a health issue. The bill now allows for a medical practitioner to perform a termination on a person who is up to 22 weeks and six days pregnant. After this period, abortion is allowed where the practitioner has consulted with another medical practitioner.

Queensland

Abortion was decriminalised in Queensland in 2018, following a debate that included emotional testimonies from politicians. Since 2018, those who are up to 22 weeks pregnant may request a termination without disclosing a reason to the doctor. A termination may be performed after 22 weeks if two doctors agree that the procedure should be performed.

New South Wales (NSW)

In NSW, abortion was removed from the Crimes Act in October 2019. Under the current laws, pregnant people can seek an abortion up to 22 weeks of pregnancy. After this time, two doctors must approve the procedure. It is important to note that doctors who have a conscientious objection to abortion must provide information about how to locate a registered health service provider at which the termination can be performed.

Australian Capital Territory (ACT)

Abortion has been legal in the ACT since 1993 and must be performed by a medical professional, including a nurse. Abortion can be accessed up to 16 weeks gestation. Additionally, medical abortions up to nine weeks gestation can be available through a trained GP, telehealth services, or MSI Australia counselling services.

Summary of Access Rules by Jurisdiction

• South Australia: Access up to 22 weeks and 6 days; consultation with a second doctor required after this period.
• Queensland: Access up to 22 weeks on request; agreement from two doctors required after 22 weeks.
• New South Wales: Access up to 22 weeks; approval from two doctors required after 22 weeks.
• Australian Capital Territory: Access up to 16 weeks; medical abortion available up to 9 weeks via trained GPs.