Abortion Laws in Australia: What are the Rules in Each State?
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. The overturning of Roe v Wade in the United States has highlighted issues around access to services in Australia, reminding political leaders of the need to remain vigilant because hard-fought-for wins before parliament can be taken away easily.
Key Access Data by Jurisdiction
- South Australia: Legal limit for request is 22 weeks and six days pregnant.
- Queensland: Access up to 22 weeks pregnant without disclosing a reason.
- New South Wales: Abortion accessible up to 22 weeks of pregnancy.
- Australian Capital Territory: Access available up to 16 weeks gestation.
South Australia
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. In 2019, a review took place which passed reforms to ensure the law was removed from criminal jurisdiction to a standalone act treating abortion as a health issue. Recently, changes to laws in South Australia have come into effect, moving abortion from the criminal code into healthcare legislation. 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 arguing for and against the legislation. 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.