Abortion law across Australia – A review of nine jurisdictions

Abstract

This article reviews the current legal status of abortion in Australia and its implications. Australian abortion law has been a matter for the states since before Federation. In the years since Federation there have been significant reforms and changes in the abortion laws of some jurisdictions, although not all. Across Australia there are now nine sets of laws, state and Commonwealth, concerned with abortion. The test of a lawful abortion varies greatly across jurisdictions. In a number of states and territories, it is necessary to establish a serious risk to the physical or mental health of the woman if the pregnancy was to continue. In some cases, the certification of two doctors is required, particularly for abortions at later gestations. There are also physical restrictions on access, such as in South Australia and the Northern Territory where abortion must take place in a hospital. Only in the ACT has abortion been removed from the criminal law altogether. Variations in the law and restrictions arising from these are not consistent with the aims and provision of the universal, accessible health care system aspired to in Australia. There is an urgent need for overall reform and the introduction of uniformity to Australia's abortion laws, including removal of abortion from the criminal law.

Medical termination of pregnancy in general practice in Australia: a descriptive-interpretive qualitative study

“…Medical abortion or the medical termination of pregnancy (MTOP) involving the use of abortifacient pharmaceutical drugs has been accessible for early gestation abortions in many countries since the late 1980s and early 1990s [1–3]. The World Health Organization has clear technical guidelines for MTOP methods up to 12 completed weeks [4].…”

“…On completion of accredited training General Practitioners (GPs) become certified to prescribe mifepristone and misoprostol in a combination known as MS-2 Step for medical abortion up to 9 weeks gestation in all states in Australia, with the exception of the Northern Territory (NT). In South Australia and the Australian Capital Territory (ACT), MTOP must occur in a licensed facility whereas in other states such as New South Wales (NSW) women are able to undergo an MTOP in their own home [3]. …”

Intended and unintended consequences of abortion law reform: perspectives of abortion experts in Victoria, Australia

“…In Australia, while abortion is a commonly performed medical procedure, experienced by an estimated 80 000 women each year,5 and in the main considered socially acceptable,6–8 laws relating to abortion still vary across state and territory jurisdictions 9. In Victoria, abortion was only decriminalised in October 2008, bringing the law in line with clinical practice and community attitudes 10.…”

Meanings of abortion in context: accounts of abortion in the lives of women diagnosed with breast cancer

“…In Victoria, abortion is a woman’s choice up to 24 weeks’ gestation; after 24 weeks, two medical practitioners must agree that abortion is appropriate [22]. …”

“…Australia has nine sets of laws (Commonwealth, state, and territorial) concerned with abortion, varying from abortion provided as part of reproductive health care to abortion restricted to instances in which it can be established that continuing the pregnancy poses a serious risk to the physical or mental health of the woman [22]. In contrast to the USA, where attitudes to abortion influence how citizens vote, it appears that Australian voters do not display a voting pattern associated with opinions on abortion [23].…”