From the overturning of Roe v Wade in the United States, to the recent election of David Crisafulli as the Premier of Queensland, abortion is a hot button topic in Australia and beyond.
But do many people in Australia even know the abortion laws in their state? Seeing as so much of the information online is confusing and contradictory (seriously – was difficult to even pull this list together), we have created this up-to-date guide on abortion laws in each Australian state and territory.
Over the next few months, we’ll commit to making sure this list remains up to date and accurate, and reflects any news and developments. Our sources for this list included state and territory legislation and MSI Australia.
Abortion laws by state and territory in Australia
Australian Capital Territory
- Abortion is legal at any pregnancy gestation
- It is legal for a doctor, nurse practitioner or person prescribed by regulation to provide abortion care
- The ACT Health Minister has to give approval for what facilities can perform a surgical abortion
- 50m (at minimum) safe access zones are set up around clinics
- Counselling referrals are accessible but not mandated
New South Wales
- Abortion is legal up to 22 weeks’ gestation
- A doctor can approve and perform an abortion after 22 weeks’ gestation if they consider in all circumstances that the abortion should be performed, and if another doctor agrees with this assessment
- There is an offer of counselling
- 150m safe access zones are set up around clinics
Northern Territory
- Abortion is legal until 24 weeks’ gestation
- After this, a doctor can approve and perform an abortion if they have consulted with at least one other medical practitioner who has also assessed the patient
- 150m safe access zones are set up around clinics
- Counselling referrals are optional
Queensland
- Abortion is legal until 22 weeks’ gestation
- After this, a doctor can approve and perform an abortion if they have consulted with at least one other medical practitioner who has also assessed the patient
- There is an offer of counselling
- 150m safe access zones are set up around clinics
- Counselling referrals are optional
South Australia
- Abortion is legal until 22 weeks’ and 6 days gestation
- After 23 weeks, two doctors must approve the abortion and only if they agree that the health or mental wellbeing of the pregnant person is at risk, to save another fetus (multiple pregnancy) or if the fetus has a serious abnormality
- 150m safe access zones are set up around clinics
- A registered medical practitioner is legally required to provide counselling information before the termination
Tasmania
- Abortion is legal up to 16 weeks’ gestation
- An abortion can be performed after 16 weeks’ gestation if the doctor believes that continuing the pregnancy would cause greater risk of injury to the physical or mental health of the pregnant person than if the pregnancy were terminated, and another doctor agrees with this assessment
- 150m safe access zones are set up around clinics
Victoria
- Abortion is legal up to 24 weeks’ gestation, with the procedure able to be undertaken by a nurse, pharmacist, or medical practitioner
- After 24 weeks’ gestation, an abortion can be performed if the medical practitioner reasonably believes that the abortion is appropriate in all the circumstances, and has consulted at least one other registered medical practitioner who agrees with this assessment
- 150m safe access zones are set up around clinics
Western Australia
- Abortion is legal up to 23 weeks’ gestation
- If you are under 9 weeks’ pregnant, your GP can provide you with an early medical abortion. If you are over 9 weeks gestation, your GP can refer you to an abortion care provider
- After 23 weeks’ gestation, a medical practitioner is authorised to perform an abortion if they reasonably believe that performing the abortion is appropriate in all the circumstances and another medical professional agrees with this assessment
- 150m safe access zones are set up around clinics