Termination of Pregnancy Acts by State

Summary of the laws and relevant details in each state.

 

Australian Capital Territory

Status – Legal. No upper gestational limit.

Details – Only one doctor required for approval.

Conscientious Objection -

Health professionals may conscientiously object to participating in abortion services, including: Prescribing, supplying, or administering abortifacients.

• Performing or assisting in surgical abortions.

Exceptions – No right to refuse in the following cases:

• Emergency: Must provide or assist in abortion if necessary to preserve the life of the mother.
• Post-abortion care: Must provide medical treatment for complications resulting from an abortion, regardless of objection.

Legal protection:

• No legal or contractual breach occurs for refusing to provide abortion services due to a conscientious objection.

Mandatory duties when refusing:

• Inform the patient of your objection immediately.
• Refer or direct the patient by either:
  • Providing contact details for a non-objecting practitioner or facility; or
  • Transferring care to such a provider or facility.

Practical point - after 16 weeks' lack of available practitioner means women require referral interstate.

Link to legislation - https://www.legislation.act.gov.au/a/1993-13/

 

 

 

New South Wales

Status – Legal. No upper gestational limit.

Details – 2 doctors approval required after 22 weeks' gestation.

Conscientious Objection -

Health practitioners may conscientiously object to participating in abortion services. This includes:

• Refusing to perform, assist, or advise on an abortion procedure.

Legal obligations when objecting:

• Mandatory referral: If a health practitioner has a conscientious objection, they must:
  • Inform the patient of their objection; and
  • Refer the patient to another registered health practitioner, or service, who does not have such an objection and is reasonably able to provide the service.

Emergency exception:

• In an emergency, where abortion is necessary to save the pregnant person’s life or prevent serious injury, practitioners must provide care regardless of objection.

Practical point - Reports to PHPA from paramedics of increased call outs for abdominal pain and bleeding secondary to abortion drugs. Visiting medical officers to regional areas avoid prescribing abortion drugs due to the limited resources to be able to respond to complications.

Link to legislation –

• https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2019-011
• https://legislation.nsw.gov.au/view/pdf/asmade/act-2018-26

 

 

 

Northern Territory

Status – Legal. No upper gestational limit.

Details – 2 doctors approval required after 24 weeks' gestation.

Conscientious Objection -

Health practitioners may conscientiously object to participating in abortion, including:

• Performing a termination.
• Assisting in a termination (e.g., supplying/administering termination drugs).

Legal duties when objecting:

Medical practitioners:

• Must inform the woman of their objection.
• Must refer her within a clinically reasonable time to another medical practitioner known not to object.

Other authorised health practitioners (nurses, midwives, pharmacists, ATSI health practitioners):

• If directed to assist but objects:
  • The medical practitioner must direct to another authorised practitioner who does not object.

Emergency exception:

• All practitioners (including those with objections) must:
  • Perform or assist in an abortion if necessary to preserve the woman’s life.

Link to legislation –

• https://legislation.nt.gov.au/en/Legislation/TERMINATION-OF-PREGNANCY-LAW-REFORM-ACT-2017
• https://legislation.nt.gov.au/en/Bills/Termination-of-Pregnancy-Law-Reform-Legislation-Amendment-Bill-2021-S35?format=assented

 

 

 

Queensland

Status – Legal. No upper gestational limit.

Details – 2 doctors approval required after 22 weeks' gestation.

Conscientious Objection -

Registered health practitioners may conscientiously object to abortion-related services, including:

• Performing or assisting in a termination.
• Advising about a termination.
• Participating in decisions about termination beyond 22 weeks.

Legal obligations when objecting:

If a practitioner has a conscientious objection, they must:

1. Disclose the objection to the person making the request.
2. If the request comes directly from the pregnant woman to perform or advise on a termination, the objecting practitioner must:
   • Refer the woman to another health practitioner who does not object; or
   • Transfer her care to a health service or facility where such services can be accessed by a non-objecting provider.

Emergency exception:

• All health practitioners must provide care in an emergency where the termination is necessary to save the woman’s life, regardless of personal objection.

Professional accountability:

• Failing to comply with these provisions may be considered a breach of professional conduct or performance standards, and may be subject to investigation by health regulatory authorities.

Link to legislation – https://www.legislation.qld.gov.au/view/pdf/asmade/act-2018-023

 

 

 

South Australia

Status – Legal. No upper gestational limit.

Details – 2 doctors approval required after 22 weeks' and 6 days gestation.

Conscientious Objection -

Registered health practitioners may conscientiously object to:

• Performing a termination.
• Assisting in a termination.
• Advising or making decisions related to a termination.

Legal duties when objecting:

If a practitioner has a conscientious objection, they must:

1. Disclose their objection to the person as soon as practicable.
2. If asked to perform or advise on a termination, they must:
   • Provide information about how to find a non-objecting practitioner; or
   • Transfer the person’s care to:
     • A practitioner who does not object; or
     • A health service where such a practitioner can provide the service.

Practitioners can satisfy this requirement by giving the person official information approved by the Minister, such as government health contact details.

Emergency exception:

• All practitioners must provide care in emergencies, even if they object to termination.

Legal protection:

• Practitioners who act in good faith and without negligence in performing, assisting, or refusing terminations are protected from:
  • Criminal liability.
  • Civil liability (including under disciplinary processes).

Link to legislation –  https://www.legislation.sa.gov.au/__legislation/lz/v/a/2021/termination%20of%20pregnancy%20act%202021_7/2021.7.un.pdf

 

 

 

Tasmania

Status – Legal. No upper gestational limit.

Details – 2 doctors approval required after 16 weeks' gestation.

Conscientious Objection -

Health practitioners may conscientiously object to participating in abortions, including:

• Performing a termination.
• Assisting in a termination.

Legal protections:

• No person is under a duty (by contract, statute, or other law) to participate in a termination if they have a conscientious objection.

Mandatory duties despite objection:

• Medical practitioners: Must perform a termination in an emergency if it is necessary to save the woman’s life or prevent serious physical injury.
• Nurses and midwives: Must assist in an emergency termination if necessary to save the woman’s life or prevent serious physical injury.

Referral obligations:

• If a woman seeks a termination or advice on pregnancy options from a medical practitioner with a conscientious objection, that practitioner must:
  • Provide the woman with a list of prescribed health services that can offer advice, counselling, and information on all pregnancy options.
• This duty does not apply in emergencies.

Link to legislation –  https://www.legislation.tas.gov.au/view/html/inforce/current/act-2013-072

 

 

 

Victoria

Status – Legal. No upper gestational limit.

Details – 2 doctors approval required after 24 weeks' gestation.

Conscientious Objection -

Registered health practitioners may conscientiously object to:

• Advising on a termination.
• Performing, directing, authorising, or assisting in a termination.

Legal obligations when objecting:

If a practitioner has a conscientious objection, they must:

1. Disclose the objection to the woman.
2. Refer the woman in a timely manner to another health practitioner who they know does not have a conscientious objection.

Emergency exception:

• In an emergency, where a termination is necessary to preserve the life of the pregnant woman, practitioners must provide the service despite objection.

Professional accountability:

• Failure to comply with referral or emergency requirements may constitute unprofessional conduct under professional regulation.

Link to legislation – 

• https://www.legislation.vic.gov.au/as-made/acts/public-health-and-wellbeing-amendment-safe-access-zones-act-2015
• https://www.legislation.vic.gov.au/in-force/acts/public-health-and-wellbeing-act-2008/068

 

 

 

Western Australia

Status – Legal. No gestational limit.

Details – 2 doctors approval required after 23 weeks gestation.

Safe access zone – 150 meters.

Conscientious Objection -

Western Australia Abortion Legislation Reform Act 2023

Registered health practitioners may conscientiously object to:

• Performing an abortion.
• Assisting in an abortion.
• Making clinical decisions about whether an abortion is appropriate (e.g., post-23 weeks approvals).
• Advising a person about abortion.

Obligations when objecting:

If a practitioner refuses due to conscientious objection, they must:

1. Disclose their objection immediately to the requesting person.
2. If a medical or prescribing practitioner refuses to perform, decide on, or advise about abortion, they must either:
   • Transfer care to another practitioner or facility they reasonably believe can provide the service, or
   • Provide the patient with up-to-date official information (approved by the Chief Health Officer) on how to locate a non-objecting provider or facility.

Emergency exception:

• Conscientious objection does not apply in emergencies. Practitioners must provide treatment if required to save the patient’s life or prevent serious harm.

Students:

• Health professional students may also conscientiously object to assisting in abortions.
• Must disclose their objection to their supervising practitioner if asked to assist.

Professional accountability:

• Non-compliance with referral, transfer, or emergency obligations may be considered a breach of professional conduct.

 Link to legislation – 

• https://www.legislation.wa.gov.au/legislation/statutes.nsf/RedirectURL?OpenAgent&query=mrdoc_46492.pdf
• https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a1872_currencies.html&view=asmade