Access to abortion in Australia is highly variable due to the differing abortion laws between the states and territories.
Second term or second trimester abortion in particular can be very difficult to access. Whether or not you can receive the care you need, in a timely manner, at a price you can afford, depends very much on where in Australia you are seeking an abortion.
More often than not, women who find themselves in the position of requiring a late term abortion have to travel interstate to access the procedure, adding another dimension of difficulty in what may already be an incredibly challenging time.
Here, we summarise the complex laws on abortion across Australia and, in the context of these laws, when, where and under what conditions a pregnancy can be terminated.
If you are looking for termination of pregnancy services in your state, it’s important to note that our clinics always provide services in accordance with legal gestation limits in that state.
Abortion in Australia by state and territory
Accurate as of February 2019.
Abortion laws ACT
Abortion is legal in the ACT when provided by a medical doctor in an approved medical facility.
Abortion laws NSW
Abortion is still criminalised in NSW, however, it is deemed lawful if the pregnancy puts the mental or physical health of the mother at risk. ‘Mental health’ has subsequently been interpreted to include the potential effects of social and economic stress of the pregnancy on the woman or after the birth. There is currently a consolidated push to decriminalise and reform NSW abortion laws.
Abortion laws NT
Both medical and surgical abortion are legal up to 14 weeks with one doctor’s approval, and from 14 – 23 weeks with an additional doctor’s approval. It’s not legal after 23 weeks unless it’s performed to save a pregnant person’s life.
It’s illegal to protest within 150m of an abortion service.
Abortion laws QLD
In a historic vote on the 17th of October 2018, the Queensland Parliament voted to change the laws governing abortion care. The changes came into effect on 3 December 2018. They include:
- Removal of abortion from the Criminal Code.
- Allow abortions up to 22 weeks to be performed in the State.
- Allowing abortions to take place after 22 weeks if the medical practitioner performing the termination has consulted with a second medical practitioner and both agree that ‘in all circumstances’ the abortion should be performed.
- Implement safe access zones of 150 metres around facilities that provide abortion care.
- Ensure that medical practitioners that hold a conscientious objection must declare and refer to a practitioner who they believe is willing to perform the abortion.
Abortion laws SA
Abortion is legal up to 28 weeks in SA if two doctors agree that a woman’s physical and/or mental health is endangered by pregnancy, or in the case of serious foetal abnormality. Abortions are provided to residents without a referral, through state health services, in a prescribed hospital setting up to 23 weeks. More detailed information from the Pregnancy Advisory Centre.
Abortion laws TAS
Abortion is legal up to 16 weeks’ gestation in TAS. Beyond 16 weeks, abortion is legal with the approval of two doctors.
Abortion laws VIC
Abortion is legal on request up to 24 weeks in VIC, and is legal beyond 24 weeks with the approval of two doctors.
Abortion laws WA
Abortion is legal up to 20 weeks in WA with some restrictions, particularly for those under 16 years of age. Access to abortion is very restricted after 20 weeks’ gestation.
Late term abortions (20-24 weeks) and the law
While the laws in some states may allow for abortion post-20 weeks’ gestation, access to abortion beyond 20 weeks can be difficult.
Victoria is the only state that offers access to late term abortion between up to 24 weeks on request (i.e. without a referral or doctor’s approval) and, currently, we operate the only private clinic in Australia that provides specialised late second term surgical abortion services up to that gestation limit.
It is estimated that only 1% of the 80,000 abortions performed in Australia each year occur at over 20 weeks’ gestation1, and this figure emphasises the exceptional circumstances in which women decide to have an abortion at this stage. These might include detection of a serious foetal abnormality; in cases where the pregnancy is having a severe mental and/or physical impact on the woman, or may involve factors like domestic violence.
Regardless of the circumstances, the decision to have an abortion after the first trimester is never easy and women who are undergoing the procedure need special care and support.
At Marie Stopes Australia, our experienced team of doctors, nurses and counsellors in Melbourne provide safe, surgical abortion up to 24 weeks’ gestation, as an alternative to early induced labour. The procedure is performed under intravenous sedation.
For more information and to make an appointment, please follow the links below.