Abortion Laws in Australia: Rules and Access in Each State and Territory

Termination of Pregnancy Policy determines the essential minimum requirements for the safe and legal management of the pregnant person considering a termination of pregnancy (abortion). Abortion is legal in all states and territories under certain circumstances and when it is performed by a registered medical professional. However, there are different rules governing access to the procedure in each state and territory and continued barriers to access, particularly for marginalised communities.

Impact of International Developments

The overturning of Roe v Wade has highlighted issues around access to services in Australia. It comes just weeks after the United States Supreme Court's ruling overturning the decision that recognised a constitutional right to abortion. Australian political leaders expressed their dismay about the US court's decision, with Minister for Women Katy Gallagher warning: "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." Deputy Liberal leader Sussan Ley added that the ruling is a "step backwards" for the US, stating she is discomforted by anything that puts a personal and sensitive issue in the same sentence as criminal.

State and Territory Legislative Frameworks

Here's how abortion laws are enacted and practised across each state and territory in Australia:

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. In 1969, South Australia became the first Australian jurisdiction to legislate for the lawful medical termination of pregnancy when necessary to protect the life or health of a pregnant person. Today, the bill 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, the bill allows for abortion where the practitioner is reasonably acting within the scope of their practice and 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 termination should be performed.

New South Wales

In NSW, abortion was removed from the Crimes Act in October 2019. Pregnant people can seek an abortion up to 22 weeks of pregnancy. After this time, two doctors must approve the procedure. 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

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. Medical abortions up to nine weeks gestation can be available through a trained GP, telehealth services or MSI Australia counselling services.

Summary of Legal Requirements and Access Limits

• South Australia: Up to 22 weeks and 6 days gestation; consultation with a second practitioner required thereafter.
• Queensland: Up to 22 weeks gestation; two doctors must agree for procedures after this limit.
• New South Wales: Up to 22 weeks gestation; two doctors must approve the procedure after this time.
• ACT: Accessible up to 16 weeks gestation; medical abortions available up to 9 weeks via GP or telehealth.