Abortion laws in Australia: What are the rules in each state?
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. The overturning of Roe v Wade has highlighted issues around access to services 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. It is considered an 'Historic day for women' as abortion officially decriminalised in South Australia.
Regarding specific timelines, 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 (NSW)
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. Furthermore, 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 Gestational Access Limits
- South Australia: Up to 22 weeks and six days.
- Queensland: Up to 22 weeks.
- New South Wales: Up to 22 weeks.
- ACT: Up to 16 weeks (surgical) and nine weeks (medical).