Abortion Laws

The killing of unborn babies (euphemistically called 'abortion') in Australia remains a subject of state law rather than national law. However, Federal parties and their ministers and policies influence 'abortion' state laws.

The grounds on which 'abortion' is permitted in Australia vary from state to state. In every state 'abortion' is legal to ‘protect the life and health of the woman’, although each state has a different definition. Note: The phrase to 'protect the life and health of the woman' has come to mean 'on request of the woman'.

Additionally:

There is no law anywhere in Australia that requires the notification or consent of a woman's partner.

There is no enforced waiting period for an 'abortion' and a minor does not require parental consent or notification for an abortion - except in Western Australia.

State-by-state (and territory) legality of 'abortion' in Australia

Australian Capital Territory: 'Abortion' law in the Australian Capital Territory was for many years governed by case law and the criminal code of New South Wales. However, in 2002, it became the first jurisdiction in Australia to legalise 'abortion' in full (throughout entire pregnancy), when the Stanhope ALP government, with the assistance of Green and independent members, passed the Crimes (Abolition of Offence of Abortion) Act 2002, removing the killing of unborn children from the criminal statute books altogether; or said plainly, abortion is legal up to birth.

New South Wales: On 2nd October, 2019, legislation was passed allowing the killing of unborn babies up to birth. The laws are now similar to what Queensland have which were pushed through in October 2018 (see below). 'Abortions' can be carried out in NSW up to 22 weeks on request of the mother, after this time approval is by the "two doctors to agree" policy. This is farcical because one of the doctors is the abortionist and the other doctor is merely the abortionist's colleague. It is also farcical because South Australia has had the same policy since 1969, and it is well known that a second doctor is generally not consulted, and there is no penalty for breaching the two doctor policy. An 'abortion' can be performed on very broad grounds, based on the women's current and future physical, psychological and social circumstances.

Furthermore, a 150 metres "safety zone" has been imposed around all the abortion killing centres. Those wanting to give pregnant mothers information, help or assistance can expect to face heavy penalties, with fines up to $10,000 and two years in jail. Silent prayer is also regarded as a form of protest and harassment, and those who do this face heavy penalties.

READ NEWS ARTICLE HERE

Northern Territory: Abortion is legal under 24 weeks’ gestation. Beyond this abortion is only accessible in certain special or emergency circumstances. One doctor can approve and perform an abortion under 24 weeks’ gestation. Abortions are available after 24 weeks’ gestation if the medical practitioner has consulted with at least one other medical practitioner who has assessed the patient.

An abortion will be performed in an emergency if a medical practitioner considers it necessary to preserve the life of the patient. A medical practitioner may direct an authorised Aboriginal or Torres Strait Islander health practitioner, authorised midwife, authorised nurse or authorised pharmacist to assist in the performance of an abortion.

There are 150 metre safe access zones set around premises for performing abortion care. Those wanting to give pregnant women and girls information, help or assistance, can expect to face heavy penalties, with fines and jail.

Conscientious objection: Medical practitioners with a conscientious objection to abortion care are legally required to inform the person requesting an abortion and provide information on how to contact or refer them onto an abortion care provider, unless in an emergency. The medical practitioner must “refer the woman, within a clinically reasonable time” to another medical practitioner that doesn’t have a conscientious objection. Health practitioners who assist in providing abortions that have an objection must identify a replacement health practitioner to assist.

South Australia: Abortion is legal throughout the entire pregnancy. Abortion is on demand, without any questions asked up to 22 weeks’ and 6 days gestation. After this, a women can kill her unborn child in "certain" circumstances. This is broad in its scope, as the woman only needs to have technically "consulted" two approving doctors. For example, a woman requiring an abortion may face a life threatening emergency, but alternatively she may also have a late-term abortion if she feels suicidal, emotionally distressed, or similar.

It is legal for anyone to have an abortion if this person consents to an abortion, assists in an abortion, or performs an abortion on themselves. A person only needs to have resided in South Australia for at least two months to have an abortion.

There are 150 metres "safety zones" which have been set up around all abortion killing centres. Those wanting to give pregnant women and girls information, help or assistance, can expect to face heavy penalties, with fines up to $10,000 and two years in jail.

Queensland: On 17th October, 2018, legislation was passed allowing the killing of unborn babies up to birth. The laws are now similar to what Victoria pushed through in October 2008. 'Abortions' are legal in Queensland up to 22 weeks on request of the mother, after this time approval is by the "two doctors to agree" policy. This is farcical because one of the doctors is the abortionist and the second doctor is simply a colleague. It is also farcical because South Australia has had the same policy since 1969, and it is well known that a second doctor is generally not consulted, and there is no penalty for breaching the two doctor policy. In addition an 'abortion' can be performed on very broad grounds, based on the women's current and future physical, psychological and social circumstances.

READ ABC ARTICLE HERE

Tasmania: In Tasmania, since 21 November 2013, 'abortions' are allowed on request up to 16 weeks of pregnancy, and then after that time merely requiring the consent of two doctors on medical or psychological grounds - which is incredibly broad. The law also criminalises filming, "intimidation and protests" against patients within 150 metres of abortion clinics ("protest free zones"). See the above NSW definition for "protest free zones". The reality is, 'abortion' is legal for any circumstance, throughout the entire pregnancy - up to birth.

Victoria: Sweeping changes to 'abortion' laws were passed on 10th October, 2008, after Premier John Brumby announced "our existing laws are out of step with community sentiment." [2] Current legislation now allows abortion up to full term (birth). That is, the killing unborn children is legal to 24 weeks on request, with 'abortions' after that time - up to birth, requiring two doctors to agree that it is appropriate, based on the women's current and future physical, psychological and social circumstances.[3] This was passed by the Upper House 23-17 [4] , with no amendments.

Doctors who conscientiously oppose abortion have to refer women requesting an abortion to doctors who perform abortions or face prosecution. No anaesthetic needs to be given to aborted unborn babies at any stage of development.

Since 2016, it is an offence in Victoria to protest within 150 metres from any abortion killing centre. These are called "protest free zones". See above NSW for definition of "protest free zones".

Western Australia: Abortion (killing an unborn child) is legal up to 23 weeks gestation. Beyond this abortion is only accessible in certain special or emergency circumstances. A medical practitioner is authorised to perform an abortion on a woman who is not more than 23 weeks pregnant. A prescribing practitioner (doctor) is authorised to perform an abortion on a person who is not more than 23 weeks pregnant if the prescribing practitioner performs the abortion by — (a) prescribing an abortion drug for the person; or (b) supplying or administering an abortion drug to the person. A prescribing practitioner means a person who is a member of a class of registered health practitioners that — (a) is authorised under the Medicines and Poisons Act 2014 to prescribe an abortion drug; and (b) is prescribed by the regulations for the purposes of this definition. This currently includes nurse practitioners or endorsed midwives.

After 23 weeks’ gestation, a medical practitioner is authorised to perform an abortion on a person if they reasonably believes that performing the abortion is appropriate in all the circumstances; and has consulted with at least 1 other medical practitioner. A registered health practitioner in a relevant health profession or a student in a relevant health profession is authorised to assist in the performance of an abortion. Safe access zones are 150 metres around a premises which provide abortion care. Heavy penalties of fines and jail time for those who try to help and support women and girls going into have an abortion.

Conscientious objection: A medical practitioner or prescribing practitioner (nurse practitioner or endorsed midwife) who will not participate in an abortion for any reason (including conscientious objection) must, without delay, refer the patient to a health practitioner or health facility which they believe can provide the requested service(s); or give the patient information that has been approved by the Chief Health Officer, about how the requested services can be accessed.

References

1 Abortion Clinic 'Safe Access Zones' Become Law in NSW - Sydney Morning Herald

1A Safe Access Bill Passes NSW Parliament - Eternity

2 Brumby takes stand on abortion - National - theage.com.au

3 (2008-08-24) "New law will not end abortion controversy." The Age

4 (2008-10-10) "Abortion Reform Clears Last Hurdle" SMH

5 http://www.childrenbychoice.org.au/nwww/auslawprac.htm . Retrieved 2007-05-28

6 http://www.msiaustralia.org.au/abortion-law-in-australia