Abortion law in Australia: state by state

A summary of the abortion law in Australia by state or territory is provided below, with details about term limits, chemical abortions, exclusion-zones, doctors’ conscience rights and other pertinent information.

Abortion is legal in every state and territory of Australia. Most jurisdictions allow abortion to full term for any reason and many jurisdictions employ “Safe Access Zones,” otherwise known as exclusion zones, around abortion facilities. These ensure that pro-life people can’t offer help to women entering an abortion business.

Abortion law in Australia by state

Click on the state or territory to jump to the appropriate section:

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VICTORIA

LEGISLATION:      Abortion Law Reform Act 2008 AND Public Health and Wellbeing Act 2008

TERM LIMIT: On demand to 24 weeks. After 24 weeks to full term, two doctors must agree to the abortion.

CHEMICAL ABORTIONS: to 9 weeks of pregnancy; available via telehealth

EXCLUSION ZONES: 150m exclusion-zones operate around abortion providers

DOCTOR CONSCIENCE RIGHTS: Pro-life doctors are forced by law to help a mother procure her abortion by sending her to a pro-abortion doctor.

TASMANIA

LEGISLATION: Reproductive Health Act 2013

TERM LIMIT: On demand to 16 weeks. From 16-20 weeks, two doctors must agree to the termination; one of these can be the abortionist. After 20 weeks to full term, a panel of specialists must agree to the abortion.

CHEMICAL ABORTIONS: to 9 weeks of pregnancy; available via telehealth

EXCLUSION ZONES: 150m exclusion-zones operate around abortion providers

DOCTOR CONSCIENCE RIGHTS: Pro-life doctors are forced by law to help a mother procure her abortion by sending her to a pro-abortion doctor.

OTHER NOTES: Currently no doctors in Tasmania provide abortions past 14 weeks, so women wanting an abortion past this date must travel to the mainland. Travel costs may be offset by the government, meaning that taxpayers fund this cost.

NEW SOUTH WALES

LEGISLATION: Abortion Law Reform Act 2019

TERM LIMIT: On demand to 22 weeks After 22 weeks to full term, a specialist doctor must agree to the abortion After 22 weeks, mothers must be offered information about counselling

CHEMICAL ABORTIONS: can be prescribed by nurse practitioners and endorsed midwives

DOCTOR CONSCIENCE RIGHTS: Pro-life doctors are forced by law to help a mother procure her abortion by sending her to a pro-abortion doctor.

EXCLUSION ZONES: 150m exclusion-zones apply

QUEENSLAND

LEGISLATION: Termination of Pregnancy Bill 2018

TERM LIMIT: On demand to 22 weeks After 22 weeks, two doctors must agree to the abortion

CHEMICAL ABORTIONS: to 9 weeks gestation. Chemical abortions can be prescribed by doctors, nurse practitioners, endorsed midwives and some registered nurses and midwives

EXCLUSION ZONES: 150 m exclusion-zones in operation

DOCTOR CONSCIENCE RIGHTS: Doctors with a conscientious objection must refer to another doctor who will arrange the abortion

SOUTH AUSTRALIA

LEGISLATION: Termination of Pregnancy Act 2021

TERM LIMIT: On demand to 22 weeks and 6 days gestation After 23 weeks, 2 doctors must agree to the abortion

CHEMICAL ABORTIONS: to 9 weeks via GP or teleheath

EXCLUSION ZONES: 150m exclusion-zones in operation

DOCTOR CONSCIENCE RIGHTS: Pro-life doctors must give abortion-minded mothers a government-produced brochure which explains how they can procure an abortion

OTHER NOTES: Data is collected in South Australia and all abortions must be reported to the Chief Executive of the Department for Health and Wellbeing within 20 days of the end of the month

WESTERN AUSTRALIA

LEGISLATION: Abortion Legislation Reform Act 2023

TERM LIMIT: Abortion is legal to full term. Under 9 weeks, a GP, nurse practitioner or midwife can prescribe a chemical abortion. From 9 weeks to 23 weeks, GP must refer to an abortion provider. From 23 weeks, 2 doctors must agree to the abortion

PRACTITIONER CONSCIENCE RIGHTS: A pro-life doctor, nurse practitioner or midwife must refer a patient to a practitioner who will arrange the abortion

EXCLUSION ZONES: 150 m exclusion-zones in operation

OTHER NOTES: Girls under the age of 18. may be able to procure an abortion without parental consent

AUSTRALIAN CAPITAL TERRITORY

LEGISLATION: Health Act 1993

TERM LIMIT: None. Surgical abortions on demand to 16 weeks of pregnancy. After 16 weeks with doctor’s approval

CHEMICAL ABORTIONS: up to 9 weeks of pregnancy; chemical abortions can be prescribed by a GP, nurse practitioner, endorsed midwife or via telehealth service

EXCLUSION ZONES: 50 metre exclusion zones operate

DOCTOR CONSCIENCE RIGHTS: Pro-life doctors are NOT required to refer a woman to a doctor who is in favour of abortion

OTHER NOTES: Abortions are available for free to residents of the ACT. Long-acting reversible contraceptives (LARCs) are also free. There is no mandatory counselling.

NORTHERN TERRITORY

LEGISLATION: Termination of Pregnancy Law reform Act 2017

CHEMICAL ABORTIONS: to 9 weeks gestation

TERM LIMIT: 9-23 weeks gestation: surgical abortion in a hospital. Over 23 weeks, two doctors must agree to the abortion

EXCLUSION ZONES: 150m during working hours

DOCTOR CONSCIENCE RIGHTS: A pro-life doctor must refer a patient to one who will arrange an abortion within 2 working days of the consultation


Abortion law in Australia: downloadable pdf


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