is abortion legal in australia
In return, Harradine received support for introducing restrictions on abortion. A surgical abortion is a low-risk medical procedure that involves removing the lining and contents of the uterus using a gentle suction. Anti-abortion activism exists in Australia, and all jurisdictions, except Western Australia, have laws prohibiting anti-abortion campaigners from harassing visitors and staff within a certain radius of abortion clinics. Abortion means deliberately causing a miscarriage. There are two types of pregnancy terminations available: medical abortions and surgical abortions. Australia’s abortion laws are complicated, with different rules governing women’s access to the procedure in each state and territory. A legal precedent set in 1971 means social and economic factors may also be taken into consideration. This meant women in the ACT were limited to seeking terminations at Canberra's sole private provider (at a cost of about $500) or travelling across state lines to NSW where medical abortion drugs could be legally obtained. Legal with the approval of two doctors from 23 weeks. The ACT is the only Australian jurisdiction to completely remove abortion from criminal law. In the event of the woman being under 16 years of age one of her parents must be notified, except where permission has been granted by the Children's Court or the woman does not live with her parents. Medical practitioners can perform abortions at approved facilities. The wording of the Australian provisions establishing the crime of unlawful abortion indicates that there will be circumstances in which involvement in an abortion is not unlawful, and therefore not a crime. Post continues below. Abortion laws in Australia are all state or territory laws. Access to abortion varies between the states and territories: surgical abortions are readily available on request within the first 14 to 24 weeks or pregnancy, although with no limit on gestational term in the Australian Capital Territory; later term abortions generally require the approval of two doctors, though are prohibited in the Northern Territory after 24 weeks unless it is required to save the women's life, and are heavily restricted in Western Australia after 20 weeks. A bill fully decriminalizing abortion was introduced into the state parliament in October 2020. A medical abortion involves taking two pills, mifepristone (also known as RU486 or the "abortion pill") and misoprostol, over a two-day period. [84] It is called "causing death of child before birth" in Tasmania. Feminist Academic Dr Jo Wainer and her husband Dr Bert Wainer opened Australia's first legal abortion clinic in 1972. On September 26, 2019, New South Wales became the last state in Australia to decriminalize abortion. ", There is a lack of consistent data collection standards across states due to differences in definitions, making it difficult or impossible to accurately quantify the number of abortions performed in Australia each year. While the laws in some states may allow for abortion post-20 weeks’ gestation, access to abortion beyond 20 weeks can be difficult. [7] The continued refusal by Tony Abbott, then Minister for Health, to allow abortifacients into Australia led to a private member's bill being introduced in late 2005 to transfer the approval back to the TGA. After that time, two doctors must agree that it is appropriate, based on the woman's current and future physical, psychological and social circumstances. The bill passed the lower house on 8 August 2019. Since the legislative change, 99.33% of terminations of pregnancy were conducted under 14 week's gestation. [60] This is unusual in Australia where abortion services are frequently outsourced to private providers. Unlawfully procuring an abortion is punishable by up to 10 years' imprisonment. Abortion has been decriminalised across Australia after the last remaining state where it was illegal, New South Wales (NSW), voted to reform its laws. [61], The Termination of Pregnancy Law Reform Act[62] was enacted on 1 July 2017 and removed the need for two doctors to examine a woman before 14 weeks gestation, implemented a 150-metre "safe access zone" around clinics, removed the requirement of parental approval for the procedure and provided the ability for the prescription of medical abortions tablets. Women's health experts told the ABC in March that women in the state were still facing a "hodge-podge" of a system, with some flying interstate for pregnancy terminations. Under the new law, abortions are made available on request during the first 22 weeks of gestation. In late 2001, the Criminal Code was clarified to state that an abortion must be carried out under a set of criteria resembling those of the South Australian requirements. Queensland: On October 17 2018 the Termination of Pregnancy Bill was passed in parliament, decriminalising abortion. The upper house passed the bill with new amendments on 25 September 2019, including a name change of the bill to Abortion Law Reform Bill 2019. DECEMBER 2018: STATUTES AMENDMENT (ABORTION LAW REFORM) BILL 2018 (SA) On 5 December 2018, the Statutes Amendment (Abortion Law Reform) Bill 2018 (SA) was introduced by the Hon Tammy Franks MLC in the South Australian Legislative Council as a Private Members’ Bill. [56] The bill was introduced to the upper house on 11 August 2016. The reform removed abortion entirely from the criminal code. The Archbishop of Sydney immediately reacted by deploring it … At the end of the 1960s, I was a student activist, campaigning for abortion rights. "Attitudes to abortion: Australia and Queensland in the twenty-first century", "Right to choose abortion wins strong support", "Australian attitudes to early and late abortion", "Call for early abortion to be lawful: poll", Marie Stopes Australia | Leading national abortion provider, https://en.wikipedia.org/w/index.php?title=Abortion_in_Australia&oldid=1010396347, Articles with dead external links from June 2020, Articles with permanently dead external links, Creative Commons Attribution-ShareAlike License. It's estimated between a quarter and a third of Australian women will choose to terminate a pregnancy at some point in their lives. Both medical and surgical abortions are performed. The doctors must agree it is in the patient's best interests, based on her current and future physical, psychological, and social circumstances. Abortion Law in South Australia . Gestational limits [77], In Victoria, since 2008, abortions are allowed on request up to 24 weeks of pregnancy, with abortions after that time, up until the child's birth, requiring two doctors to agree that it is appropriate, based on the woman's current and future physical, psychological and social circumstances.[78][79]. Over time this has come to be broadly defined so as to include the mental health of the woman, to which unwanted pregnancy is interpreted as clinically injurious. [71] Under the legislation, abortion can be performed upon request up to 22 weeks and six days gestation. Abortion is legal in the ACT when performed by a medical practitioner and in Tasmania, it is legal up to 16 weeks gestation. The procedure, however, is not widely available. This is what she told Alice Williams about the experiences of women before there was access to safe abortion. After 24 weeks, it is still legal, but requires the approval of two doctors. The hospital, dual approval and residency requirement may be waived in an emergency. Abortions must be performed in a hospital or "prescribed facility", which means women in regional South Australia are sometimes required to travel to Adelaide for the procedure. Did you know nearly 60 per cent of women seeking abortions already have kids? The ruling was later largely adopted by courts in New South Wales,[3] and Queensland,[4] and was influential in some other states. ': Police warn drivers over 'stupid decisions' after child found wedged behind seat of speeding ute, Jarryd Hayne went to woman's house for 'one thing only' before alleged rape, court told, Howard-era deputy prime minister John Anderson looks to the Senate for political comeback, There are glimpses of ancient Mars on present-day Earth, How to watch Prince Harry and Meghan's Oprah interview in Australia, NSW government fails to reach position on school suspensions, Liberals to replace how-to-vote cards after One Nation racism row. There are no gestational limits, as courts have decided that the right to life begins at birth. Menhennitt's ruling remained the basis for abortion law in Victoria until the Abortion Law Reform Act 2008 (Vic) decriminalised abortions up to a gestational limit of 24 weeks. Safe access zones are also set at 150m around termination clinics. 9, Abortion Law Reform Act 2019 (New South Wales), Learn how and when to remove this template message, Crimes Amendment (Grievous Bodily Harm) Act 2005, "The lethal legacy of Brian Harradine: his long war on women's rights", "Too Many, Too Late and the Adoption Alternative: Shame and Recent Abortion Debates", "RU486: time to lift restrictions on medical abortion", "Medical Abortion in Australia: What Are the Clinical and Legal Risks? Abortion laws are decided by states, not the federal government, which means that each state has different laws governing abortions. However, the medical practitioner performing the abortion has obligation to give appropriate medical care if the abortion results in a live baby being born. (18) The legal test for when an abortion is not unlawful. Until 2008, abortion law in Queensland closely mirrored the law in Victoria. [23][24] In January 2009, a firebombing using Molotov cocktails was attempted at a medical clinic in Mosman Park, Western Australia. Research shows the majority of Australians support laws that allow women to access safe and legal abortions. Abortion has been a criminal offence in New South Wales since 1900 and remains in the NSW criminal code today. Very restricted after 20 weeks. Here's why, 'I Had One Too': The online platform for women to share abortion stories, NSW Nationals claim win in koala stoush as government agrees to remove red tape for farmers, 'We're all a mess': Desperate search for two-year-old girl on Queensland's Western Downs, 'What the hell? [1], In South Australia, South Australian residents up to 23 weeks pregnant can have an early medication or surgical abortion. [36] The Interpretive Report 2018, recorded 742 abortion in the previous 12 months with 73% being medical abortion with tablets before 9 weeks gestation, the remaining 27% were conducted in hospital. As mentioned previously, abortion is legal in New South Wales up to 22 weeks gestation. Here’s an overview of the varying regulations by state: New South Wales. A woman's sexual partner is not required to be notified of an abortion, and Australian courts will not grant injunctions to prevent the procedure, even if the applicant is the putative father of the fetus. Ireland is about to vote on reforming its abortion laws.But what are the laws in Australia, and why are they so difficult to navigate? "Abortion: termination of pregnancy in the NT", "Privatising abortion is not good for women's health (or finances)", "Impact of legislative change on waiting time for women accessing surgical abortion services in a rural hospital in the Northern Territory", "Queensland parliament votes to decriminalise abortion", "Termination of Pregnancy Bill 2018 Explanatory Notes", "Fact Sheet 5: Termination and the Criminal Justice System", "South Australia Termination of Pregnancy Bill 2020", "Contentious abortion law reform passes Lower House", "Tasmania decriminalises abortion amid protests", "Tas abortion reform removes stigma: govt", https://www.abc.net.au/news/health/2018-05-26/is-abortion-legal-in-australia/9795188, New law will not end abortion controversy, Public Health Amendment (Safe Access Zones) Bill 2020, "Tasmania. According to the study, one in three women reported that they found it difficult or very difficult to pay for their abortion. New South Wales. Safe access zones of 150 metres provided around abortion clinics. [64], Since 3 December 2018, abortion in Queensland has been available on request during the first 22 weeks of gestation. The service, however, is yet to begin offering services. Abortion in Australia is legal. The vast majority of pregnancy terminations in Australia are carried out in private clinics, except for in South Australia and the Northern Territory, where abortions are mostly free because provision is largely public. After 14 weeks, approval from two doctors is required. Queensland law prohibits protesters from coming within 150 metres of an abortion clinic and requires conscientiously objecting doctors to refer women seeking an abortion to a doctor who will provide one. Is Medical Abortion Over-regulated? In Western Australia, abortion is considered as legal up to 20 weeks’ gestation. Abortion was decriminalised in New South Wales on 2 October 2019 with the royal assent of the Abortion Law Reform Act 2019, passed a week earlier by both houses of the New South Wales parliament. After that period, a medical practitioner can only perform an abortion if they consult with another practitioner and if both are of the view that the procedure is medically appropriate. The bill will allow women to access to an abortion in the first 22 weeks of pregnancy, with a provision that terminations beyond that point must be approved by two doctors. Abortions are legal in the Australian Capital Territory, regardless of the reason. In Tasmania, since 21 November 2013, abortions are allowed on request up to 16 weeks of pregnancy. But there are some caveats to accessing abortion telemedicine. A woman must receive approval from two doctors from a statutory panel of six (appointed by the Health Minister) who agree the woman, or her foetus, has a "severe medical condition" that justifies the procedure. [57] It was defeated in the second reading 25-14 on 11 May 2017. ", "Anti-abortion activists lose bid to overturn clinic safe access zones in two states", "South Australia passes legislation to establish safe access zones around abortion clinics", "Anti-abortion activists lose High Court challenge to laws banning protests outside clinics", "Abortion 'safe-access zones' laws passed in NSW", "Abortion clinic 'safe access zones' become law in NSW", "Decriminalisation in the NT signals abortion is part of normal health care", NT abortion bill: Reform to allow RU486 will deliver equality, lead to 'dark ages', politicians tell Parliament, "Termination of Pregnancy Law Reform Act 2017", "Abortion legalised in Queensland after historic vote in Parliament", "Proclamation made under the Termination of Pregnancy Act 2018", "Canberra abortion clinics to get protest-free 'privacy zones, "Health (Patient Privacy) Amendment Bill 2015 - Bills", "Abortion decriminalised in NSW after controversial bill passes final vote", "Norfolk Island Legislation Amendment Bill 2015", "Territories Legislation Amendment Bill 2016", "Norfolk Islanders to have federal and NSW laws but no vote in state election", "Major parties combine to derail introduction of NSW abortion bill Posted on 23/06/2016", "Abortion Law Reform Bill – Exposure draft", "Historic First Abortion Law Reform Bill Introduced in NSW Parliament, Posted on 11 August 2016,", "Issues Backgrounder Number 3 - Abortion law and the Reproductive Health Care Reform Bill 2019". [54][55], In August 2016, Mehreen Faruqi released an exposure draft of the Abortion Law Reform (Miscellaneous Acts Amendment) Bill 2016 to "Repeal sections 82–84 of the Crimes Act, relating to abortion offences; Provide for a 150m safe access zone around abortion clinics and service providers to ensure a patient's right to medical privacy; and Require doctors to disclose conscientious objection at the start of the consultation and refer patients to another doctor who does not have such an objection or to the local Women's Health NSW centre". In 2007, a poll by AuSSA found that 4% of Australians are opposed to abortion in all circumstances, 33% believe abortion should be allowed in certain circumstances and 57% believed it should be readily available whenever a woman wants one; 7% were undecided or did not respond. Safe access zones of 150 metres provided around abortion clinics effective since 1 January 2021.[67][68]. [16], Before the 2019 federal election, the Australian Labor Party unveiled a national abortion policy for the 2019 Australian federal election. While abortions are regulated by the states and territories, the procedure is partially funded under the Federal Government public health scheme, Medicare, or by private healthcare insurers. A legal precedent concerning the legality of abortion was set in Australia in 1969, by the Menhennitt ruling in the Victorian Supreme Court case R v Davidson,[2] which held that abortion was lawfully justified if "necessary to preserve the physical or mental health of the woman concerned, provided that the danger involved in the abortion did not outweigh the danger which the abortion was designed to prevent." The parliament is set to debate a billthat would allow women to access abortion via telemedicine, nurse practitioners or their GP. [14][15] There is no evidence that sex-selective abortions are common in Australia, though according to the Human Rights Law Centre, attempting to create bans on the procedure is a "well-known tactic of opponents of abortion to limit women’s access to abortion". Each state and territory has its own criminal code relating to child destruction. ", "Abbott pushes abortion counselling plan", "Tony Abbott pledges to make no changes to abortion law", "From croissants to communism: Bernardi uses Senate motions to make ideological points", "Explainer: Responding to abortion and sex selection claims", "Labor promises free abortions, pushes to decriminalise procedure in federal election pitch", "Labor's abortion policy: all the issues explained", "Why conservatives are not making a fuss over Labor's abortion policy", "Christian lobby targets key conservative seats in test of US-style campaign activism", "Labor condemns anti-abortion group's claims 'babies will die under Shorten government, "Husic points to misrepresentation of abortion policy for Labor vote loss", "Australian abortion clinic guard killed", "Explainer: what are abortion clinic safe-access zones and where do they exist in Australia? However, there is still significant opposition to abortion from parts of the community, including groups such as Right to Life Australia, who say "abortions shouldn't be allowed, because they violate the right to life of the pre-born child". A minor does not need to notify a parent of a proposed abortion nor is parental consent required, except in Western Australia. NSW Laws [6] Accordingly, the abortifacient RU-486, which was widely used overseas, was banned in Australia. Knight, described by the prosecution as a "hermit obsessed with killing abortion doctors" was convicted of murder and sentenced to life imprisonment. On the other hand, many women who have medical abortions performed at private hospitals may not claim the Medicare rebate. Abortions can now be provided beyond selected hospitals, and women no longer need to have been South Australian residents for two months or more to access an abortion. The Sydney Morning Herald, 11 August 2019, Reproductive Health (Access to Terminations) Act 2013 - Sect. Medical abortions can generally be performed up to nine weeks into gestation (sometimes longer in hospitals), and have been shown to be highly effective and safe. The McGuire ruling was affirmed in the 1994 case Veivers v. Connolly, by a single judge of the Supreme Court of Queensland.