Global Abortion Policies Database
A tool to expand knowledge, encourage transparency, and promote accountability.
| Country or Region | |
|---|---|
Queensland (Australia) |
Gestational limit: 22
Read more WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. This legal ground recognizes a woman’s free choice. Safe Abortion Guidelines, § 4.2.1.6.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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| Country | Economic or social reasons |
Foetal impairment |
Rape |
Incest |
Intellectual or cognitive disability of the woman |
Mental health |
Physical health |
Health |
Life |
Other |
|---|---|---|---|---|---|---|---|---|---|---|
Queensland (Australia) |
Economic or social reasonsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. WHO defines health for member states as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Safe Abortion Guidelines, § 4.2.1.5.
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Foetal impairmentNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. A woman is entitled to know the status of her pregnancy and to act on this information; health protection or social reasons can be interpreted to include distress of the pregnant woman caused by the diagnosis of fetal impairment. Prenatal tests and other medical diagnostic services cannot legally be refused because the woman may decide to terminate her pregnancy. Safe Abortion Guidelines, § 4.2.1.4.
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RapeNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The protection of women from cruel, inhuman and degrading treatment requires that those who have become pregnant as the result of coerced or forced sexual acts can lawfully access safe abortion services. Prompt, safe abortion services should be provided on the basis of a woman’s complaint rather than requiring forensic evidence or police examination. Safe Abortion Guidelines, § 4.2.1.3.
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IncestNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The protection of women from cruel, inhuman and degrading treatment requires that those who have become pregnant as the result of coerced or forced sexual acts can lawfully access safe abortion services. Prompt, safe abortion services should be provided on the basis of a woman’s complaint rather than requiring forensic evidence or police examination. Safe Abortion Guidelines, § 4.2.1.3.
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Intellectual or cognitive disability of the womanNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. |
Mental healthNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The scope of mental health includes psychological distress or mental suffering caused by, for example, coerced or forced sexual acts and diagnosis of severe fetal impairment. Safe Abortion Guidelines, § 4.2.1.2.
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Physical healthNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Physical health is widely understood to include conditions that aggravate pregnancy and those aggravated by pregnancy. Safe Abortion Guidelines, § 4.2.1.2.
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HealthNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The fulfillment of human rights requires that women can access safe abortion when it is indicated to protect their health. WHO defines health for member states as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Safe Abortion Guidelines, § 4.2.1.2.
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Gestational limit
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The human right to life requires protection by law, including when pregnancy is life-threatening or a pregnant woman’s life is otherwise endangered. Both medical and social conditions can constitute life-threatening conditions. Safe Abortion Guidelines, § 4.2.1.1.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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OtherIn an emergency if the medical practitioner considers it is necessary to perform the termination to save the woman’s life or the life of another unborn child. In cases where a medical practitioner considers that, in all the circumstances, the termination should be performed and has consulted with another medical practitioner who agrees. Related documents:Additional notesIn cases where a medical practitioner considers that, in all the circumstances, the termination should be performed, the medical practitioner must consider: (a) all relevant medical circumstances; and (b) the woman’s current and future physical, psychological and social circumstances; and (c) the professional standards and guidelines that apply to the medical practitioner in relation to the performance of the termination. |
| Country | Authorization of health professional(s) |
Authorization in specially licensed facilities only |
Judicial authorization for minors |
Judicial authorization in cases of rape |
Police report required in case of rape |
Parental consent required for minors |
Spousal consent |
Ultrasound images or listen to foetal heartbeat required |
Compulsory counselling |
Compulsory waiting period |
Mandatory HIV screening test |
Other mandatory STI screening tests |
Prohibition of sex-selective abortion |
Restrictions on information provided to the public |
Restrictions on methods to detect sex of the foetus |
Other |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Queensland (Australia) |
Authorization of health professional(s)Yes Number and cadre of health-care professional authorizations required
Authorisation by a medical practitioner who has consulted another medical practitioner who agrees with her or him is required for abortions for women who are more than 22 weeks pregnant. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by hospital authorities may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
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Authorization in specially licensed facilities onlyNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Restrictions on the range of providers or facilities that are authorized to provide abortion reduce the availability of services and their equitable geographic distribution. Safe Abortion Guidelines, § 4.2.2.4.
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Judicial authorization for minorsA Gillick competent young person can give consent to medical procedures as would an autonomous adult. The term derives from a United Kingdom court decision on the issue of consent by minors, Gillick v West Norfolk & Wisbech Area Health Authority & Department of Health and Social Security [1986] AC112. A young person is considered Gillick competent when she achieves a sufficient understanding and intelligence to enable her to understand fully what medical treatment is proposed. Where termination of pregnancy is being sought for a young person deemed not Gillick competent, particular consideration must be given to the individual circumstances of each case. While a parent or legal guardian generally would have legal authority to consent to most treatment on behalf of a young person deemed not Gillick competent, termination of pregnancy requires a court’s sanction to authorise the treatment as in Queensland, a young person’s parents are not able to consent to a termination of pregnancy. This is a decision that must be made by the Court acting in the best interests of the young person. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. Safe Abortion Guidelines, § 4.2.2.
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Judicial authorization in cases of rapeNot applicable WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
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Police report required in case of rapeNot applicable WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
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Parental consent required for minorsA Gillick competent young person can give consent to medical procedures as would an autonomous adult. The term derives from a United Kingdom court decision on the issue of consent by minors, Gillick v West Norfolk & Wisbech Area Health Authority & Department of Health and Social Security [1986] AC112. A young person is considered Gillick competent when she achieves a sufficient understanding and intelligence to enable her to understand fully what medical treatment is proposed. Where termination of pregnancy is being sought for a young person deemed not Gillick competent, particular consideration must be given to the individual circumstances of each case. While a parent or legal guardian generally would have legal authority to consent to most treatment on behalf of a young person deemed not Gillick competent, termination of pregnancy requires a court’s sanction to authorise the treatment as in Queensland, a young person’s parents are not able to consent to a termination of pregnancy. This is a decision that must be made by the Court acting in the best interests of the young person. The Queensland Clinical Guidelines for Termination of Pregnancy also details at pages 3 and 13 and additional requirements for consent that are in place for anyone under the age of 14. These include involving paediatric services and to assess mandatory reporting requirements. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by parents may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
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Spousal consentNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by a spouse may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
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Ultrasound images or listen to foetal heartbeat requiredNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Regulatory, policy and programmatic barriers, one example of which is the requirement for mandatory ultrasound prior to abortion, that hinder access to and timely provision of safe abortion care should be removed. Safe Abortion Guidelines, Executive Summary, Box 7 - Recommendation.
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Compulsory counsellingNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Many women have made a decision to have an abortion before seeking care, and this decision should be respected without subjecting a woman to mandatory counselling. Provision of counselling to women who desire it should be voluntary, confidential, non-directive and by a trained person. Safe Abortion Guidelines, § 2.1.8.1.
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Compulsory waiting periodNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. States should consider eliminating waiting periods that are not medically required, and expanding services to serve all eligible women promptly. Safe Abortion Guidelines, § 4.2.2.6.
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Mandatory HIV screening testNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Requirements for HIV and other tests that are not clinically indicated are potential service-delivery barriers. Safe Abortion Guidelines, p 88.
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Other mandatory STI screening testsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Requirements for HIV and other tests that are not clinically indicated are potential service-delivery barriers. Safe Abortion Guidelines, p 88.
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Prohibition of sex-selective abortionNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. In situations where abortion is restricted for sex selection purposes, terminating a pregnancy for this reason is likely to involve an unsafe procedure carrying high risks. Any policies or guidelines on the use of technology in obstetric and fetal medicine should take into account the need to ensure women’s access to safe abortion and other services - efforts to manage or limit sex selection should also not hamper or limit access to safe abortion services. Preventing gender-biased sex selection: an interagency statement, p 10 - Recommendation.
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Restrictions on information provided to the publicNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. States should refrain from limiting access to means of maintaining sexual and reproductive health, including censoring, withholding or intentionally misrepresenting health-related information. Safe Abortion Guidelines, § 4.2.2.7.
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No data
Restrictions on methods to detect sex of the foetusNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. A woman is entitled to know the status of her pregnancy and to act on this information. Prenatal tests and other medical diagnostic services cannot legally be refused because the woman may decide to terminate her pregnancy. Safe Abortion Guidelines, § 4.2.1.4.
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OtherAfter 22 weeks the medical practitioner, in considering whether a termination should be performed on a woman, must consider— "(a) all relevant medical circumstances; and (b) the woman’s current and future physical, psychological and social circumstances; and (c) the professional standards and guidelines that apply to the medical practitioner in relation to the performance of the termination." Related documents: |
| Country | National guidelines for induced abortion |
Methods allowed |
Country recognized approval (mifepristone / mife-misoprostol) |
Country recognized approval (misoprostol) |
Where can abortion services be provided |
National guidelines for post-abortion care |
Where can post abortion care services be provided |
Contraception included in post-abortion care |
Insurance to offset end user costs |
Who can provide abortion services |
Extra facility/provider requirements for delivery of abortion services |
|---|---|---|---|---|---|---|---|---|---|---|---|
Queensland (Australia) |
National guidelines for induced abortionYes, guidelines issued by the government WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Standards and guidelines should be developed and updated with the intent of eliminating barriers to obtaining the highest attainable standard of sexual and reproductive health. Safe Abortion Guidelines, § 3.3. Standards and guidelines should cover: types of abortion service, where and by whom they can be provided; essential equipment, instruments, medications, supplies and facility capabilities; referral mechanisms; respect for women’s informed decision-making, autonomy, confidentiality and privacy. Safe Abortion Guidelines, p. 63.
Additional notesIn addition to the Queensland Maternal and Neonatal Clinical Guideline: Termination of Pregnancy (document 2) there are national professional guidelines to medical health professionals on providing termination of pregnancy, including medical termination and late termination by the Royal Australian and New Zealand College of Obstetricians and Gynaecologists (RANZCOG). They include references to post abortion care procedures too, such as contraceptive counselling. These professional guidelines can be accessed from the RANZCOG website:
https://www.ranzcog.edu.au/RANZCOG_SITE/media/RANZCOG-MEDIA/Women%27s%20Health/Statement%20and%20guidelines/Clinical%20-%20Gynaecology/Use-of-mifepristone-for-medical-termination-of-pregnancy-(C-Gyn-21)-Amended-February-2016.pdf?ext=.pdf
https://www.ranzcog.edu.au/RANZCOG_SITE/media/RANZCOG-MEDIA/Women%27s%20Health/Statement%20and%20guidelines/Clinical%20-%20Gynaecology/Termination-of-pregnancy-(C-Gyn-17)-Review-July-2016.pdf?ext=.pdf
https://www.ranzcog.edu.au/RANZCOG_SITE/media/RANZCOG-MEDIA/Women%27s%20Health/Statement%20and%20guidelines/Clinical%20-%20Gynaecology/Late-Termination-of-Pregnancy-(C-Gyn-17a)-New-May-2016.pdf?ext=.pdf |
Methods allowedVacuum aspirationNot specified In addition to the Queensland Maternal and Neonatal Clinical Guideline: Termination of Pregnancy, there are national professional guidelines to medical health professionals on providing termination of pregnancy, including medical termination and late termination by the Royal Australian and New Zealand College of Obstetricians and Gynaecologists (RANZCOG). They include references to post abortion care procedures too, such as contraceptive counselling. These professional guidelines can be accessed from the RANZCOG website:
https://www.ranzcog.edu.au/RANZCOG_SITE/media/RANZCOG-MEDIA/Women%27s%20Health/Statement%20and%20guidelines/Clinical%20-%20Gynaecology/Use-of-mifepristone-for-medical-termination-of-pregnancy-(C-Gyn-21)-Amended-February-2016.pdf?ext=.pdf
https://www.ranzcog.edu.au/RANZCOG_SITE/media/RANZCOG-MEDIA/Women%27s%20Health/Statement%20and%20guidelines/Clinical%20-%20Gynaecology/Termination-of-pregnancy-(C-Gyn-17)-Review-July-2016.pdf?ext=.pdf
https://www.ranzcog.edu.au/RANZCOG_SITE/media/RANZCOG-MEDIA/Women%27s%20Health/Statement%20and%20guidelines/Clinical%20-%20Gynaecology/Late-Termination-of-Pregnancy-(C-Gyn-17a)-New-May-2016.pdf?ext=.pdf Dilatation and evacuationNot specified In addition to the Queensland Maternal and Neonatal Clinical Guideline: Termination of Pregnancy, there are national professional guidelines to medical health professionals on providing termination of pregnancy, including medical termination and late termination by the Royal Australian and New Zealand College of Obstetricians and Gynaecologists (RANZCOG). They include references to post abortion care procedures too, such as contraceptive counselling. These professional guidelines can be accessed from the RANZCOG website:
https://www.ranzcog.edu.au/RANZCOG_SITE/media/RANZCOG-MEDIA/Women%27s%20Health/Statement%20and%20guidelines/Clinical%20-%20Gynaecology/Use-of-mifepristone-for-medical-termination-of-pregnancy-(C-Gyn-21)-Amended-February-2016.pdf?ext=.pdf
https://www.ranzcog.edu.au/RANZCOG_SITE/media/RANZCOG-MEDIA/Women%27s%20Health/Statement%20and%20guidelines/Clinical%20-%20Gynaecology/Termination-of-pregnancy-(C-Gyn-17)-Review-July-2016.pdf?ext=.pdf
https://www.ranzcog.edu.au/RANZCOG_SITE/media/RANZCOG-MEDIA/Women%27s%20Health/Statement%20and%20guidelines/Clinical%20-%20Gynaecology/Late-Termination-of-Pregnancy-(C-Gyn-17a)-New-May-2016.pdf?ext=.pdf Combination mifepristone-misoprostolYes In addition to the Queensland Maternal and Neonatal Clinical Guideline: Termination of Pregnancy, there are national professional guidelines to medical health professionals on providing termination of pregnancy, including medical termination and late termination by the Royal Australian and New Zealand College of Obstetricians and Gynaecologists (RANZCOG). They include references to post abortion care procedures too, such as contraceptive counselling. These professional guidelines can be accessed from the RANZCOG website:
https://www.ranzcog.edu.au/RANZCOG_SITE/media/RANZCOG-MEDIA/Women%27s%20Health/Statement%20and%20guidelines/Clinical%20-%20Gynaecology/Use-of-mifepristone-for-medical-termination-of-pregnancy-(C-Gyn-21)-Amended-February-2016.pdf?ext=.pdf
https://www.ranzcog.edu.au/RANZCOG_SITE/media/RANZCOG-MEDIA/Women%27s%20Health/Statement%20and%20guidelines/Clinical%20-%20Gynaecology/Termination-of-pregnancy-(C-Gyn-17)-Review-July-2016.pdf?ext=.pdf
https://www.ranzcog.edu.au/RANZCOG_SITE/media/RANZCOG-MEDIA/Women%27s%20Health/Statement%20and%20guidelines/Clinical%20-%20Gynaecology/Late-Termination-of-Pregnancy-(C-Gyn-17a)-New-May-2016.pdf?ext=.pdf Misoprostol onlyYes (Gestations less than or equal to 63 DAYS In the case of outpatients - 9 WEEKS) In addition to the Queensland Maternal and Neonatal Clinical Guideline: Therapeutic Termination of Pregnancy (document 2) there are national professional guidelines to medical health professionals on providing termination of pregnancy, including medical termination and late termination by the Royal Australian and New Zealand College of Obstetricians and Gynaecologists (RANZCOG). They include references to post abortion care procedures too, such as contraceptive counselling. These professional guidelines can be accessed from the RANZCOG website:
https://www.ranzcog.edu.au/RANZCOG_SITE/media/RANZCOG-MEDIA/Women%27s%20Health/Statement%20and%20guidelines/Clinical%20-%20Gynaecology/Use-of-mifepristone-for-medical-termination-of-pregnancy-(C-Gyn-21)-Amended-February-2016.pdf?ext=.pdf
https://www.ranzcog.edu.au/RANZCOG_SITE/media/RANZCOG-MEDIA/Women%27s%20Health/Statement%20and%20guidelines/Clinical%20-%20Gynaecology/Termination-of-pregnancy-(C-Gyn-17)-Review-July-2016.pdf?ext=.pdf
https://www.ranzcog.edu.au/RANZCOG_SITE/media/RANZCOG-MEDIA/Women%27s%20Health/Statement%20and%20guidelines/Clinical%20-%20Gynaecology/Late-Termination-of-Pregnancy-(C-Gyn-17a)-New-May-2016.pdf?ext=.pdf Other (where provided)Surgical curettage (16 WEEKS) WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Vacuum aspiration is the recommended technique of surgical abortion for pregnancies of up to 12 to 14 weeks of gestation. The procedure should not be routinely completed by dilatation and sharp curettage (D&C). Safe Abortion Guidelines, Executive Summary, Box 1- Recommendation.
Dilatation and evacuation (D&E) and medical methods (mifepristone and misoprostol; misoprostol alone) are both recommended methods for abortion for gestations over 12 to 14 weeks. Safe Abortion Guidelines, Executive Summary, Box 3- Recommendation.
The recommended method for medical abortion is mifepristone followed by misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
Where mifepristone is not available, the recommended method for medical abortion is misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
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Country recognized approval (mifepristone / mife-misoprostol)Yes Pharmacy selling or distributionNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The combination of mifepristone and misoprostol for medical abortion is included on the WHO model list of essential medicines. Safe Abortion Guidelines, § 2.2.5
Chemists/pharmacists can help women avoid unintended pregnancy through provision of accurate contraceptive information, pregnancy tests, contraceptive methods and referral to safe abortion services. Safe Abortion Guidelines, § 3.3.1.1.
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Country recognized approval (misoprostol)Yes, for gynaecological indications Related documents:Misoprostol allowed to be sold or distributed by pharmacies or drug storesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The combination of mifepristone and misoprostol for medical abortion is included on the WHO model list of essential medicines. Safe Abortion Guidelines, § 2.2.5
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Where can abortion services be providedPrimary health-care centresNot specified Secondary (district-level) health-care facilitiesNot specified Specialized abortion care public facilitiesNot specified Private health-care centres or clinicsNot specified NGO health-care centres or clinicsNot specified WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Abortion services should be available at primary-care level, with referral systems in place for all required higher-level care. Safe Abortion Guidelines, Executive Summary, Box 6- Recommendation.
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National guidelines for post-abortion careYes, guidelines issued by the government WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Standards and guidelines should be developed and updated with the intent of eliminating barriers to obtaining the highest attainable standard of sexual and reproductive health. Safe Abortion Guidelines, § 3.3. Standards and guidelines should cover: types of abortion service, where and by whom they can be provided; essential equipment, instruments, medications, supplies and facility capabilities; referral mechanisms; respect for women’s informed decision-making, autonomy, confidentiality and privacy. Safe Abortion Guidelines, p. 63.
Additional notesIn addition to the Queensland Maternal and Neonatal Clinical Guideline: Termination of Pregnancy there are national professional guidelines to medical health professionals on providing termination of pregnancy, including medical termination and late termination by the Royal Australian and New Zealand College of Obstetricians and Gynaecologists (RANZCOG). They include references to post abortion care procedures too, such as contraceptive counselling. These professional guidelines can be accessed from the RANZCOG website:
https://www.ranzcog.edu.au/RANZCOG_SITE/media/RANZCOG-MEDIA/Women%27s%20Health/Statement%20and%20guidelines/Clinical%20-%20Gynaecology/Use-of-mifepristone-for-medical-termination-of-pregnancy-(C-Gyn-21)-Amended-February-2016.pdf?ext=.pdf
https://www.ranzcog.edu.au/RANZCOG_SITE/media/RANZCOG-MEDIA/Women%27s%20Health/Statement%20and%20guidelines/Clinical%20-%20Gynaecology/Termination-of-pregnancy-(C-Gyn-17)-Review-July-2016.pdf?ext=.pdf
https://www.ranzcog.edu.au/RANZCOG_SITE/media/RANZCOG-MEDIA/Women%27s%20Health/Statement%20and%20guidelines/Clinical%20-%20Gynaecology/Late-Termination-of-Pregnancy-(C-Gyn-17a)-New-May-2016.pdf?ext=.pdf |
Where can post abortion care services be providedPrimary health-care centresNot specified Secondary (district-level) health-care facilitiesNot specified Specialized abortion care public facilitiesNot specified Private health-care centres or clinicsNot specified NGO health-care centres or clinicsNot specified WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The facilities and skills required to manage most abortion complications are similar to those needed to care for women who have had a spontaneous abortion (miscarriage). Safe Abortion Guidelines § 2.2.6.
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Contraception included in post-abortion careYes WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. All women should receive contraceptive information and be offered counselling for and methods of post-abortion contraception, including emergency contraception, before leaving the health-care facility. Safe Abortion Guidelines, § 2.3.
Additional notesIn addition to the Queensland Maternal and Neonatal Clinical Guideline: Termination of Pregnancy, there are national professional guidelines to medical health professionals on providing termination of pregnancy, including medical termination and late termination by the Royal Australian and New Zealand College of Obstetricians and Gynaecologists (RANZCOG). They include references to post abortion care procedures too, such as contraceptive counselling. These professional guidelines can be accessed from the RANZCOG website:
https://www.ranzcog.edu.au/RANZCOG_SITE/media/RANZCOG-MEDIA/Women%27s%20Health/Statement%20and%20guidelines/Clinical%20-%20Gynaecology/Use-of-mifepristone-for-medical-termination-of-pregnancy-(C-Gyn-21)-Amended-February-2016.pdf?ext=.pdf
https://www.ranzcog.edu.au/RANZCOG_SITE/media/RANZCOG-MEDIA/Women%27s%20Health/Statement%20and%20guidelines/Clinical%20-%20Gynaecology/Termination-of-pregnancy-(C-Gyn-17)-Review-July-2016.pdf?ext=.pdf
https://www.ranzcog.edu.au/RANZCOG_SITE/media/RANZCOG-MEDIA/Women%27s%20Health/Statement%20and%20guidelines/Clinical%20-%20Gynaecology/Late-Termination-of-Pregnancy-(C-Gyn-17a)-New-May-2016.pdf?ext=.pdf |
No data
Insurance to offset end user costsNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Financing of abortion services should take into account costs to the health system while ensuring that services are affordable and readily available to all women who need them. Safe Abortion Guidelines, Executive Summary, Box 6 - Recommendation. Abortion services should be mandated for coverage under insurance plans; women should never be denied or delayed because of the inability to pay. Safe Abortion Guidelines, § 3.6.2.
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Who can provide abortion servicesNurseYes These health professionals can assist in the performance of a termination includes dispensing, supplying or administering a termination drug on the medical practitioner’s instruction. Midwife/nurse-midwifeYes These health professionals can assist in the performance of a termination includes dispensing, supplying or administering a termination drug on the medical practitioner’s instruction. Doctor (specialty not specified)Not specified Specialist doctor, including OB/GYNYes Queensland Health approves the use of MS-2 Step for specialist obstetric and gynaecology staff who are registered with the MS-2 Step Prescribing Program for use in the termination of an intra-uterine pregnancy as per the Queensland Maternity and Neonatal Clinical Guideline for termination of pregnancy. Other (if applicable)Pharmacist; Aboriginal and Torres Strait Islander health practitioners; Other registered health practitioner prescribed by regulation These health professionals can assist in the performance of a termination includes dispensing, supplying or administering a termination drug on the medical practitioner’s instruction. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Subject to gestational age and method, abortion care can be safely provided by any properly trained health-care provider, including specialist doctors, non-specialist doctors; associate and advanced associate clinicians; midwives; and nurses. Health Worker Roles in Safe Abortion Care, p 33- Recommendation.
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Extra facility/provider requirements for delivery of abortion servicesReferral linkages to a higher-level facilityYes Availability of a specialist doctor, including OB/GYNNot specified Minimum number of bedsNot specified Other (if applicable)WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Abortion facilities within both the public and private sectors should be available at all levels of the health system, with appropriate referral mechanisms between facilities. Safe Abortion Guidelines, § 3.3.1.
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| Country | Public sector providers |
Private sector providers |
Provider type not specified |
Neither Type of Provider Permitted |
Public facilities |
Private facilities |
Facility type not specified |
Neither Type of Facility Permitted |
|---|---|---|---|---|---|---|---|---|
Queensland (Australia) |
Public sector providersIndividual health-care providers who have objected are required to refer the woman to another providerYes If a woman requests termination healthcare, a registered health practitioner who has a conscientious objection to termination healthcare, must refer the woman or transfer her care to: another registered health practitioner whom they believe can provide the requested termination healthcare and who does not have a conscientious objection or to a health service provider at which, in the practitioner’s belief, the requested service can be provided by another registered health practitioner who does not have a conscientious objection. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesConscientious objections is recognised by those who perform abortions, assist in the performance of an abortion, make a decision on whether a termination on a woman should be performed or advise the person about the performance of a termination on a woman. The objecting practitioner must disclose the practitioner’s conscientious objection to the person. This does not limit any duty owed by a registered health practitioner to provide a service in an emergency. |
Private sector providersIndividual health-care providers who have objected are required to refer the woman to another providerYes If a woman requests termination healthcare, a registered health practitioner who has a conscientious objection to termination healthcare, must refer the woman or transfer her care to: another registered health practitioner whom they believe can provide the requested termination healthcare and who does not have a conscientious objection or to a health service provider at which, in the practitioner’s belief, the requested service can be provided by another registered health practitioner who does not have a conscientious objection. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesConscientious objections is recognised by those who perform abortions, assist in the performance of an abortion, make a decision on whether a termination on a woman should be performed or advise the person about the performance of a termination on a woman. The objecting practitioner must disclose the practitioner’s conscientious objection to the person. This does not limit any duty owed by a registered health practitioner to provide a service in an emergency. |
Provider type not specifiedYes Individual health-care providers who have objected are required to refer the woman to another providerYes If a woman requests termination healthcare, a registered health practitioner who has a conscientious objection to termination healthcare, must refer the woman or transfer her care to: another registered health practitioner whom they believe can provide the requested termination healthcare and who does not have a conscientious objection or to a health service provider at which, in the practitioner’s belief, the requested service can be provided by another registered health practitioner who does not have a conscientious objection. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesConscientious objections is recognised by those who perform abortions, assist in the performance of an abortion, make a decision on whether a termination on a woman should be performed or advise the person about the performance of a termination on a woman. The objecting practitioner must disclose the practitioner’s conscientious objection to the person. This does not limit any duty owed by a registered health practitioner to provide a service in an emergency. |
Neither Type of Provider PermittedIndividual health-care providers who have objected are required to refer the woman to another providerYes If a woman requests termination healthcare, a registered health practitioner who has a conscientious objection to termination healthcare, must refer the woman or transfer her care to: another registered health practitioner whom they believe can provide the requested termination healthcare and who does not have a conscientious objection or to a health service provider at which, in the practitioner’s belief, the requested service can be provided by another registered health practitioner who does not have a conscientious objection. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesConscientious objections is recognised by those who perform abortions, assist in the performance of an abortion, make a decision on whether a termination on a woman should be performed or advise the person about the performance of a termination on a woman. The objecting practitioner must disclose the practitioner’s conscientious objection to the person. This does not limit any duty owed by a registered health practitioner to provide a service in an emergency. |
Public facilitiesWHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesThe Queensland Clinical Guidelines for the Termination of Pregnancy specify that Hospitals, institutions or services do not have the right to conscientiously object as this is a personal and individual right. |
Private facilitiesWHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesThe Queensland Clinical Guidelines for the Termination of Pregnancy specify that Hospitals, institutions or services do not have the right to conscientiously object as this is a personal and individual right. |
Facility type not specifiedYes WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesThe Queensland Clinical Guidelines for the Termination of Pregnancy specify that Hospitals, institutions or services do not have the right to conscientiously object as this is a personal and individual right. |
Neither Type of Facility PermittedWHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesThe Queensland Clinical Guidelines for the Termination of Pregnancy specify that Hospitals, institutions or services do not have the right to conscientiously object as this is a personal and individual right. |
Concluding Observations issued by respective treaty bodies and selected extracts related to abortion.
| Country | CAT |
CEDAW |
CERD |
CESCR |
CRC |
CRPD |
HRC |
IE HAIT |
SR HEALTH |
SR TORTURE |
SR VAW |
WG-DWLP |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Australia |
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CEDAW“The Committee takes note of the State party’s commitment to providing support for women who are victims of forced marriage, regardless of their cooperation with the prosecution authorities. It is concerned, however, about the following: (…) (d)The non-consensual administration of contraceptives to, performance of abortions on and sterilization of women with disabilities. Recalling the joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2014) on harmful practices, the Committee recommends that the State party ensure adequate protection and support for victims of forced marriage, regardless of their collaboration with the prosecution authorities, and also recommends that the State party: (…) (d) Abolish the practices of the non-consensual administration of contraceptives to, the performance of abortion on and the sterilization of women and girls with disabilities, and develop and enforce strict guidelines on the sexual and reproductive health rights of women and girls with disabilities who are unable to consent. (…) The Committee acknowledges the comprehensive health coverage in the State party. It notes the following, however, with concern: (a)The lack of harmonization in state and territory legislation on abortion and the harassment and discrimination of women and girls seeking abortion services; (…) The Committee recommends that the State party: (a) Implement the recommendation made by the Children’s Commissioner in 2017 to review state and territory laws, policies and practices to guarantee access to legal and prescribed abortion services and to raise awareness of sexual and reproductive health rights among women and girls, parents, teachers, medical professionals and the general public and create safe zones around abortion clinics; (…) The Committee is concerned that the State party has violated its obligations under international human rights and humanitarian laws, including by outsourcing the processing of refugee claims offshore, transgressing non-refoulement obligations and separating families. The Committee is particularly concerned that women and girls seeking asylum in the State party: (…) (d)May endure transfers to third countries for abortions and medical treatment; (…) The Committee reminds the State party that, in line with the Committee’s general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women and general recommendation No. 28, it is responsible for all its actions affecting human rights, regardless of whether the persons affected are on its territory or not, and that all persons who attempt to enter its territory and are subject to Australian refugee status determination procedures, whether onshore or offshore, fall under the responsibility of the State party. It recommends that the State party: (…) (d) Guarantee that all refugee and asylum-seeking women and girls who are under the responsibility of the State party have access to comprehensive, adequate and accessible sexual and reproductive health services and information, including to emergency contraception and abortion services, on its territory; (…)
“The Committee remains concerned about the lack of harmonization or consistency in the way that the Convention is incorporated and implemented across the country, particularly when the primary competence to address a particular issue lies with the individual States and Territories. It notes, for example, that inconsistent approaches have arisen with regard to the imposition of criminal sanctions, for example with regard to abortion.”
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SR VAW"Beyond forms of violence such as sexual abuse, including rape and domestic violence, women and girls with disabilities are at particular risk of practices violating their sexual and reproductive rights, such as forced sterilization, forced abortion and forced contraception."
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Country specific information regarding abortion related penalties. Information regarding penalties has been presented in English only; this information is not based on an official translation. Please review the source documents provided.
| Country | Penalties deconstructed |
Penalties for woman |
Penalties for provider |
Penalties for person who assists |
Secondary additional considerations/judicial discretion |
Penalties for non-consensual abortion and or negligence |
|---|---|---|---|---|---|---|
Capital Territory (Australia) |
Penalties deconstructedPenalties only for unlawful/illegal abortions |
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PenaltiesThe Health Act 1993 states that a person commits an offence if the person supplies or administers an abortifacient to another person; and the abortifacient is supplied or administered by the person for the purpose of ending a pregnancy; and the person is not a doctor. Pharmacists and persons assisting them may supply an abortifacient in accordance with a prescription. Furthermore, a person commits an offence if the person carries out a surgical abortion and is not a doctor and/or the abortion is carried out somewhere other than in an approved medical facility. |
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New South Wales (Australia) |
Penalties deconstructedPenalties only for unlawful/illegal abortions |
PenaltiesNew South Wales Crimes Act - Division 12 Attempts to procure abortion. 82 Administering drugs etc to herself by woman with child whosoever, being a woman with child, unlawfully administers to herself any drug or noxious thing, or unlawfully uses any instrument or other means, with intent in any such case to procure her miscarriage, shall be liable to imprisonment for ten years. 83 Administering drugs etc to woman with intent whosoever: unlawfully administers to, or causes to be taken by, any woman, whether with child or not, any drug or noxious thing, or unlawfully uses any instrument or other means, with intent in any such case to procure her miscarriage, shall be liable to imprisonment for ten years. 84 Procuring drugs etc whosoever unlawfully supplies or procures any drug or noxious thing, or any instrument or thing whatsoever, knowing that the same is intended to be unlawfully used with intent to procure the miscarriage of any woman, whether with child or not, shall be liable to imprisonment for five years. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesNew South Wales Crimes Act - Division 12 Attempts to procure abortion. 82 Administering drugs etc to herself by woman with child whosoever, being a woman with child, unlawfully administers to herself any drug or noxious thing, or unlawfully uses any instrument or other means, with intent in any such case to procure her miscarriage, shall be liable to imprisonment for ten years. 83 Administering drugs etc to woman with intent whosoever: unlawfully administers to, or causes to be taken by, any woman, whether with child or not, any drug or noxious thing, or unlawfully uses any instrument or other means, with intent in any such case to procure her miscarriage, shall be liable to imprisonment for ten years. 84 Procuring drugs etc whosoever unlawfully supplies or procures any drug or noxious thing, or any instrument or thing whatsoever, knowing that the same is intended to be unlawfully used with intent to procure the miscarriage of any woman, whether with child or not, shall be liable to imprisonment for five years. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesNew South Wales Crimes Act - Division 12 Attempts to procure abortion. 82 Administering drugs etc to herself by woman with child whosoever, being a woman with child, unlawfully administers to herself any drug or noxious thing, or unlawfully uses any instrument or other means, with intent in any such case to procure her miscarriage, shall be liable to imprisonment for ten years. 83 Administering drugs etc to woman with intent whosoever: unlawfully administers to, or causes to be taken by, any woman, whether with child or not, any drug or noxious thing, or unlawfully uses any instrument or other means, with intent in any such case to procure her miscarriage, shall be liable to imprisonment for ten years. 84 Procuring drugs etc whosoever unlawfully supplies or procures any drug or noxious thing, or any instrument or thing whatsoever, knowing that the same is intended to be unlawfully used with intent to procure the miscarriage of any woman, whether with child or not, shall be liable to imprisonment for five years. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesNone found |
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Northern Territory (Australia) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
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PenaltiesNorthern Territory Criminal Code Act - 208A Definition: In this Division: "drug" includes a poison. 208B Procuring abortion: (1) A person is guilty of an offence if: (a) the person: (i) administers a drug to a woman or causes a drug to be taken by a woman; or (ii) uses an instrument or other thing on a woman; and (b) the person intends by that conduct to procure the woman's miscarriage. Maximum penalty: Imprisonment for 7 years. (2) It is immaterial that the woman is not pregnant. Note for section 208B: Under section 11 of the Medical Services Act, in certain circumstances it is lawful for a medical practitioner to give medical treatment with the intention of terminating a woman's pregnancy. 208C Supplying things for procuring abortion: (1) A person is guilty of an offence if the person: (a) supplies to, or obtains for, a woman a drug, instrument or other thing; and (b) knows the drug, instrument or other thing is intended to be used with the intention of procuring the woman's miscarriage. Maximum penalty: Imprisonment for 7 years. (2) It is immaterial that the woman is not pregnant. Note for section 208C Under section 11 of the Medical Services Act, in certain circumstances it is lawful for a medical practitioner to give medical treatment with the intention of terminating a woman's pregnancy. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesNorthern Territory Criminal Code Act - 208A Definition: In this Division: "drug" includes a poison. 208B Procuring abortion: (1) A person is guilty of an offence if: (a) the person: (i) administers a drug to a woman or causes a drug to be taken by a woman; or (ii) uses an instrument or other thing on a woman; and (b) the person intends by that conduct to procure the woman's miscarriage. Maximum penalty: Imprisonment for 7 years. (2) It is immaterial that the woman is not pregnant. Note for section 208B: Under section 11 of the Medical Services Act, in certain circumstances it is lawful for a medical practitioner to give medical treatment with the intention of terminating a woman's pregnancy. 208C Supplying things for procuring abortion: (1) A person is guilty of an offence if the person: (a) supplies to, or obtains for, a woman a drug, instrument or other thing; and (b) knows the drug, instrument or other thing is intended to be used with the intention of procuring the woman's miscarriage. Maximum penalty: Imprisonment for 7 years. (2) It is immaterial that the woman is not pregnant. Note for section 208C Under section 11 of the Medical Services Act, in certain circumstances it is lawful for a medical practitioner to give medical treatment with the intention of terminating a woman's pregnancy. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesNone found |
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Queensland (Australia) |
Penalties deconstructedPenalties only for unlawful/illegal abortions |
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PenaltiesQueensland Criminal Code - 319A Termination of pregnancy performed by unqualified person (1) An unqualified person who performs a termination on a woman commits a crime. 319 319A Maximum penalty—7 years imprisonment. 2. (2) An unqualified person who assists in the performance of a termination on a woman commits a crime. Maximum penalty—7 years imprisonment. 3. (3) A reference in subsection (2) to assisting in the performance of a termination includes— 1. (a) supplying, or procuring the supply of, a termination drug for use in a termination; and 2. (b) administering a termination drug. Note— The Termination of Pregnancy Act 2018, section 10 provides that a woman who consents to, assists in, or performs a termination on herself does not commit an offence. Any person who, with intent to procure the miscarriage of a woman, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, is guilty of a crime, and is liable to imprisonment for 14 years. 225 The like by women with child: Any woman who, with intent to procure her own miscarriage, whether she is or is not with child, unlawfully administers to herself any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, or permits any such thing or means to be administered or used to her, is guilty of a crime, and is liable to imprisonment for 7 years. 226 Supplying drugs or instruments to procure abortion: Any person who unlawfully supplies to or procures for any person anything whatever, knowing that it is intended to be unlawfully used to procure the miscarriage of a woman, whether she is or is not with child, is guilty of a misdemeanor, and is liable to imprisonment for 3 years. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesQueensland Criminal Code - 2Termination of pregnancy performed by unqualified person (1) An unqualified person who performs a termination on a woman commits a crime. 319 319A Maximum penalty—7 years imprisonment. 2. (2) An unqualified person who assists in the performance of a termination on a woman commits a crime. Maximum penalty—7 years imprisonment. 3. (3) A reference in subsection (2) to assisting in the performance of a termination includes— 1. (a) supplying, or procuring the supply of, a termination drug for use in a termination; and 2. (b) administering a termination drug. Note— The Termination of Pregnancy Act 2018, section 10 provides that a woman who consents to, assists in, or performs a termination on herself does not commit an offence. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesNone found |
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South Australia (Australia) |
Penalties deconstructedPenalties only for unlawful/illegal abortions |
PenaltiesSouth Australia Criminal Law - Division 17—Abortion 81—Attempts to procure abortion: (1) Any woman who, being with child, with intent to procure her own miscarriage, unlawfully administers to herself any poison or other noxious thing, or unlawfully uses any instrument or other means whatsoever with the like intent, shall be guilty of an offence and liable to be imprisoned for life. (2) Any person who, with intent to procure the miscarriage of any woman, whether she is or is not with child, unlawfully administers to her, or causes to be taken by her, any poison or other noxious thing, or unlawfully uses any instrument or other means whatsoever with the like intent, shall be guilty of an offence and liable to be imprisoned for life. 82—Procuring drugs etc to cause abortion: Any person who unlawfully supplies or procures any poison or other noxious thing, or any instrument or thing whatsoever, knowing that it is intended to be unlawfully used or employed with intent to procure the miscarriage of any woman, whether she is or is not with child, shall be guilty of an offence and liable to be imprisoned for a term not exceeding three years. 82A—Medical termination of pregnancy: (1) Notwithstanding anything contained in section 81 or 82, but subject to this section, a person shall not be guilty of an offence under either of those sections— (a) if the pregnancy of a woman is terminated by a legally qualified medical practitioner in a case where he and one other legally qualified medical practitioner are of the opinion, formed in good faith after both have personally examined the woman— (i) that the continuance of the pregnancy would involve greater risk to the life of the pregnant woman, or greater risk of injury to the physical or mental health of the pregnant woman, than if the pregnancy were terminated; or (ii) that there is a substantial risk that, if the pregnancy were not terminated and the child were born to the pregnant woman, the child would suffer from such physical or mental abnormalities as to be seriously handicapped, and where the treatment for the termination of the pregnancy is carried out in a hospital, or a hospital of a class, declared by regulation to be a prescribed hospital, or a hospital of a prescribed class, for the purposes of this section; or (b) if the pregnancy of a woman is terminated by a legally qualified medical practitioner in a case where he is of the opinion, formed in good faith, that the termination is immediately necessary to save the life, or to prevent grave injury to the physical or mental health, of the pregnant woman. Subsection (1)(a) does not refer or apply to any woman who has not resided in South Australia for a period of at least two months before the termination of her pregnancy. (3) In determining whether the continuance of a pregnancy would involve such risk of injury to the physical or mental health of a pregnant woman as is mentioned in subsection (1)(a)(i), account may be taken of the pregnant woman's actual or reasonably foreseeable environment. (4) The Governor may make regulations— (a) for requiring any such opinion as is referred to in subsection (1) to be certified by the legally qualified medical practitioners or practitioner concerned in such form and at or within such time as may be prescribed and for requiring the preservation and disposal of any such certificate made for the purposes of this Act; and (b) for requiring any legally qualified medical practitioner who terminates a pregnancy, and the superintendent or manager of the hospital in which the termination is carried out, to give notice of the termination and such other information relating to the termination as may be prescribed to the Director-General of Medical Services; and (c) for prohibiting the disclosure, except to such persons or for such purposes as may be prescribed, of notices or information given pursuant to the regulations; and (d) declaring a particular hospital or a class of hospitals to be a prescribed hospital or a prescribed class of hospitals for the purposes of this section; and (e) for providing for, and prescribing, any penalty, not exceeding two hundred dollars, for any contravention of, or failure to comply with, any regulations. (5) Subject to subsection (6), no person is under a duty, whether by contract or by any statutory or other legal requirement, to participate in any treatment authorised by this section to which he has a conscientious objection, but in any legal proceedings the burden of proof of conscientious objection rests on the person claiming to rely on it. (6) Nothing in subsection (5) affects any duty to participate in treatment which is necessary to save the life, or to prevent grave injury to the physical or mental health, of a pregnant woman. (7) The provisions of subsection (1) do not apply to, or in relation to, a person who, with intent to destroy the life of a child capable of being born alive, by any willful act causes such a child to die before it has an existence independent of its mother where it is proved that the act which caused the death of the child was not done in good faith for the purpose only of preserving the life of the mother. (8) For the purposes of subsection (7), evidence that a woman had at any material time been pregnant for a period of twenty-eight weeks or more shall be prima facie proof that she was at that time pregnant of a child capable of being born alive. (9) For the purposes of sections 81 and 82, anything done with intent to procure the miscarriage of a woman is unlawfully done unless authorised by this section. (10) In this section and in sections 81 and 82— woman means any female person of any age. Note: This version is not published under the Legislation Revision and Publication Act 2002 [1.4.2015] WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesSouth Australia Criminal Law - Division 17—Abortion 81—Attempts to procure abortion: (1) Any woman who, being with child, with intent to procure her own miscarriage, unlawfully administers to herself any poison or other noxious thing, or unlawfully uses any instrument or other means whatsoever with the like intent, shall be guilty of an offence and liable to be imprisoned for life. (2) Any person who, with intent to procure the miscarriage of any woman, whether she is or is not with child, unlawfully administers to her, or causes to be taken by her, any poison or other noxious thing, or unlawfully uses any instrument or other means whatsoever with the like intent, shall be guilty of an offence and liable to be imprisoned for life. 82—Procuring drugs etc to cause abortion: Any person who unlawfully supplies or procures any poison or other noxious thing, or any instrument or thing whatsoever, knowing that it is intended to be unlawfully used or employed with intent to procure the miscarriage of any woman, whether she is or is not with child, shall be guilty of an offence and liable to be imprisoned for a term not exceeding three years. 82A—Medical termination of pregnancy: (1) Notwithstanding anything contained in section 81 or 82, but subject to this section, a person shall not be guilty of an offence under either of those sections— (a) if the pregnancy of a woman is terminated by a legally qualified medical practitioner in a case where he and one other legally qualified medical practitioner are of the opinion, formed in good faith after both have personally examined the woman— (i) that the continuance of the pregnancy would involve greater risk to the life of the pregnant woman, or greater risk of injury to the physical or mental health of the pregnant woman, than if the pregnancy were terminated; or (ii) that there is a substantial risk that, if the pregnancy were not terminated and the child were born to the pregnant woman, the child would suffer from such physical or mental abnormalities as to be seriously handicapped, and where the treatment for the termination of the pregnancy is carried out in a hospital, or a hospital of a class, declared by regulation to be a prescribed hospital, or a hospital of a prescribed class, for the purposes of this section; or (b) if the pregnancy of a woman is terminated by a legally qualified medical practitioner in a case where he is of the opinion, formed in good faith, that the termination is immediately necessary to save the life, or to prevent grave injury to the physical or mental health, of the pregnant woman. Subsection (1)(a) does not refer or apply to any woman who has not resided in South Australia for a period of at least two months before the termination of her pregnancy. (3) In determining whether the continuance of a pregnancy would involve such risk of injury to the physical or mental health of a pregnant woman as is mentioned in subsection (1)(a)(i), account may be taken of the pregnant woman's actual or reasonably foreseeable environment. (4) The Governor may make regulations— (a) for requiring any such opinion as is referred to in subsection (1) to be certified by the legally qualified medical practitioners or practitioner concerned in such form and at or within such time as may be prescribed and for requiring the preservation and disposal of any such certificate made for the purposes of this Act; and (b) for requiring any legally qualified medical practitioner who terminates a pregnancy, and the superintendent or manager of the hospital in which the termination is carried out, to give notice of the termination and such other information relating to the termination as may be prescribed to the Director-General of Medical Services; and (c) for prohibiting the disclosure, except to such persons or for such purposes as may be prescribed, of notices or information given pursuant to the regulations; and (d) declaring a particular hospital or a class of hospitals to be a prescribed hospital or a prescribed class of hospitals for the purposes of this section; and (e) for providing for, and prescribing, any penalty, not exceeding two hundred dollars, for any contravention of, or failure to comply with, any regulations. (5) Subject to subsection (6), no person is under a duty, whether by contract or by any statutory or other legal requirement, to participate in any treatment authorised by this section to which he has a conscientious objection, but in any legal proceedings the burden of proof of conscientious objection rests on the person claiming to rely on it. (6) Nothing in subsection (5) affects any duty to participate in treatment which is necessary to save the life, or to prevent grave injury to the physical or mental health, of a pregnant woman. (7) The provisions of subsection (1) do not apply to, or in relation to, a person who, with intent to destroy the life of a child capable of being born alive, by any willful act causes such a child to die before it has an existence independent of its mother where it is proved that the act which caused the death of the child was not done in good faith for the purpose only of preserving the life of the mother. (8) For the purposes of subsection (7), evidence that a woman had at any material time been pregnant for a period of twenty-eight weeks or more shall be prima facie proof that she was at that time pregnant of a child capable of being born alive. (9) For the purposes of sections 81 and 82, anything done with intent to procure the miscarriage of a woman is unlawfully done unless authorised by this section. (10) In this section and in sections 81 and 82— woman means any female person of any age. Note: This version is not published under the Legislation Revision and Publication Act 2002 [1.4.2015] WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesSouth Australia Criminal Law - Division 17—Abortion 81—Attempts to procure abortion: (1) Any woman who, being with child, with intent to procure her own miscarriage, unlawfully administers to herself any poison or other noxious thing, or unlawfully uses any instrument or other means whatsoever with the like intent, shall be guilty of an offence and liable to be imprisoned for life. (2) Any person who, with intent to procure the miscarriage of any woman, whether she is or is not with child, unlawfully administers to her, or causes to be taken by her, any poison or other noxious thing, or unlawfully uses any instrument or other means whatsoever with the like intent, shall be guilty of an offence and liable to be imprisoned for life. 82—Procuring drugs etc to cause abortion: Any person who unlawfully supplies or procures any poison or other noxious thing, or any instrument or thing whatsoever, knowing that it is intended to be unlawfully used or employed with intent to procure the miscarriage of any woman, whether she is or is not with child, shall be guilty of an offence and liable to be imprisoned for a term not exceeding three years. 82A—Medical termination of pregnancy: (1) Notwithstanding anything contained in section 81 or 82, but subject to this section, a person shall not be guilty of an offence under either of those sections— (a) if the pregnancy of a woman is terminated by a legally qualified medical practitioner in a case where he and one other legally qualified medical practitioner are of the opinion, formed in good faith after both have personally examined the woman— (i) that the continuance of the pregnancy would involve greater risk to the life of the pregnant woman, or greater risk of injury to the physical or mental health of the pregnant woman, than if the pregnancy were terminated; or (ii) that there is a substantial risk that, if the pregnancy were not terminated and the child were born to the pregnant woman, the child would suffer from such physical or mental abnormalities as to be seriously handicapped, and where the treatment for the termination of the pregnancy is carried out in a hospital, or a hospital of a class, declared by regulation to be a prescribed hospital, or a hospital of a prescribed class, for the purposes of this section; or (b) if the pregnancy of a woman is terminated by a legally qualified medical practitioner in a case where he is of the opinion, formed in good faith, that the termination is immediately necessary to save the life, or to prevent grave injury to the physical or mental health, of the pregnant woman. Subsection (1)(a) does not refer or apply to any woman who has not resided in South Australia for a period of at least two months before the termination of her pregnancy. (3) In determining whether the continuance of a pregnancy would involve such risk of injury to the physical or mental health of a pregnant woman as is mentioned in subsection (1)(a)(i), account may be taken of the pregnant woman's actual or reasonably foreseeable environment. (4) The Governor may make regulations— (a) for requiring any such opinion as is referred to in subsection (1) to be certified by the legally qualified medical practitioners or practitioner concerned in such form and at or within such time as may be prescribed and for requiring the preservation and disposal of any such certificate made for the purposes of this Act; and (b) for requiring any legally qualified medical practitioner who terminates a pregnancy, and the superintendent or manager of the hospital in which the termination is carried out, to give notice of the termination and such other information relating to the termination as may be prescribed to the Director-General of Medical Services; and (c) for prohibiting the disclosure, except to such persons or for such purposes as may be prescribed, of notices or information given pursuant to the regulations; and (d) declaring a particular hospital or a class of hospitals to be a prescribed hospital or a prescribed class of hospitals for the purposes of this section; and (e) for providing for, and prescribing, any penalty, not exceeding two hundred dollars, for any contravention of, or failure to comply with, any regulations. (5) Subject to subsection (6), no person is under a duty, whether by contract or by any statutory or other legal requirement, to participate in any treatment authorised by this section to which he has a conscientious objection, but in any legal proceedings the burden of proof of conscientious objection rests on the person claiming to rely on it. (6) Nothing in subsection (5) affects any duty to participate in treatment which is necessary to save the life, or to prevent grave injury to the physical or mental health, of a pregnant woman. (7) The provisions of subsection (1) do not apply to, or in relation to, a person who, with intent to destroy the life of a child capable of being born alive, by any willful act causes such a child to die before it has an existence independent of its mother where it is proved that the act which caused the death of the child was not done in good faith for the purpose only of preserving the life of the mother. (8) For the purposes of subsection (7), evidence that a woman had at any material time been pregnant for a period of twenty-eight weeks or more shall be prima facie proof that she was at that time pregnant of a child capable of being born alive. (9) For the purposes of sections 81 and 82, anything done with intent to procure the miscarriage of a woman is unlawfully done unless authorised by this section. (10) In this section and in sections 81 and 82— woman means any female person of any age. Note: This version is not published under the Legislation Revision and Publication Act 2002 [1.4.2015] WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesNone found |
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Tasmania (Australia) |
Penalties deconstructedPenalties only for unlawful/illegal abortions |
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PenaltiesReproductive Health (Access to Terminations) Act 2013 (No. 72 of 2013): 78D. Termination by person other than medical practitioner or pregnant woman (1) A person who performs a termination on a woman and who is not (a) a medical practitioner; or (b) the pregnant woman is guilty of a crime. Charge: Termination by person other than medical practitioner or pregnant woman. (2) For the purposes of subsection (1), woman means a female person of any age. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesNone found |
PenaltiesReproductive Health (Access to Terminations) Act 2013 (No. 72 of 2013): 178E. Termination without woman's consent: (1) A person who intentionally or recklessly performs a termination on a woman without the woman's consent, whether or not the woman suffers any other harm, is guilty of a crime. Charge: Termination without woman's consent. (2) No prosecution is to be instituted against a medical practitioner who performs a termination on a woman if the woman is incapable of giving consent and the termination is (a) performed in good faith and with reasonable care and skill; and (b) is for the woman's benefit; and (c) is reasonable having regard to all the circumstances. (3) For the purposes of this section, woman means a female person of any age. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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Victoria (Australia) |
Penalties deconstructedPenalties only for unlawful/illegal abortions |
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PenaltiesCrimes Act 1958 - (11) Attempts to procure abortion- 65 Abortion performed by unqualified person: (1) A person who is not a qualified person must not perform an abortion on another person. Penalty: Level 5 imprisonment (10 years maximum). (2) A woman who consents to, or assists in, the performance of an abortion on herself is not guilty of an offence against this section. (3) For the purposes of this section— (a) a registered medical practitioner is a qualified person; and (b) a registered pharmacist or registered nurse is a qualified person only for the purpose of performing an abortion by administering or supplying a drug or drugs in accordance with the Abortion Law Reform Act 2008. (4) In this section— abortion has the same meaning as in the Abortion Law Reform Act 2008; perform an abortion includes supply or procure the supply of any drug or other substance knowing that it is intended to be used to cause an abortion; registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); registered nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse or as a midwife (other than as a student); registered pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student); woman means a female person of any age. 66 Abortion—Abolition of common law offences: Any rule of common law that creates an offence in relation to procuring a woman's miscarriage is abolished. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesNone found |
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Western Australia (Australia) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
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PenaltiesWestern Australia Criminal Code Amended - Abortion 199. It is unlawful to perform an abortion (1) unless — (a) the abortion is performed by a medical practitioner in good faith and with reasonable care and skill; and (b) the performance of the abortion is justified under section 334 of the Health Act 1911. (2) A person who unlawfully performs an abortion is guilty of an offence. Penalty: $50 000. (3) Subject to section 259, if a person who is not a medical practitioner performs an abortion that person is guilty of a crime and is liable to imprisonment for 5 years. (4) In this section — ‘‘medical practitioner’’ has the same meaning as it has in the Health Act 1911. (5) A reference in this section to performing an abortion includes a reference to — (a) attempting to perform an abortion; and (b) doing any act with intent to procure an abortion, whether or not the woman concerned is pregnant. Section 259 of the Code is repealed and the following section is substituted — ‘‘ Surgical and medical treatment 259. A person is not criminally responsible for administering, in good faith and with reasonable care and skill, surgical or medical treatment — (a) to another person for that other person’s benefit; or (b) to an unborn child for the preservation of the mother’s life, if the administration of the treatment is reasonable, having regard to the patient’s state at the time and to all the circumstances of the case.’’ WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesNone found |
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