Country or Region | |
---|---|
Western Australia (Australia) |
No
Read more On requestNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person. Source document: WHO Abortion Care Guideline (page 64) |
Country | Economic or social reasons |
Foetal impairment |
Rape |
Incest |
Intellectual or cognitive disability of the woman |
Mental health |
Physical health |
Health |
Life |
Other |
---|---|---|---|---|---|---|---|---|---|---|
Western Australia (Australia) |
Economic or social reasonsYes WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Health grounds shall reflect WHO’s definitions of health, which entails a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Abortion Care Guideline § 2.2.2. Source document: WHO Abortion Care Guideline (page 16) 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. Source document: WHO Abortion Care Guideline (page 103) |
Foetal impairmentYes Gestational limit
Abortion at gestational ages of more than 20 weeks is permissible if two medical practitioners who are members of a panel of at least six medical practitioners appointed by the Minister have agreed that the mother, or the unborn child, has a severe medical condition that, in the clinical judgment of those two medical practitioners, justifies the procedure. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person. Source document: WHO Abortion Care Guideline (page 64) 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. Source document: WHO Abortion Care Guideline (page 103) |
RapeNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person. Source document: WHO Abortion Care Guideline (page 64) |
IncestNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person. Source document: WHO Abortion Care Guideline (page 64) |
Intellectual or cognitive disability of the womanNo |
Mental healthYes Gestational limit
Abortion at gestational ages of more than 20 weeks is permissible if two medical practitioners who are members of a panel of at least six medical practitioners appointed by the Minister have agreed that the mother, or the unborn child, has a severe medical condition that, in the clinical judgment of those two medical practitioners, justifies the procedure. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Health grounds shall reflect WHO’s definitions of health, which entails a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Abortion Care Guideline § 2.2.2. Source document: WHO Abortion Care Guideline (page 16) 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. Source document: WHO Abortion Care Guideline (page 103) |
Physical healthYes Gestational limit
Abortion at gestational ages of more than 20 weeks is permissible if two medical practitioners who are members of a panel of at least six medical practitioners appointed by the Minister have agreed that the mother, or the unborn child, has a severe medical condition that, in the clinical judgment of those two medical practitioners, justifies the procedure. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Health grounds shall reflect WHO’s definitions of health, which entails a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Abortion Care Guideline § 2.2.2. Source document: WHO Abortion Care Guideline (page 16) 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. Source document: WHO Abortion Care Guideline (page 103) |
HealthNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Health grounds shall reflect WHO’s definitions of health, which entails a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Abortion Care Guideline § 2.2.2. Source document: WHO Abortion Care Guideline (page 16) |
LifeNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Grounds-based approaches to restricting access to abortion should be revised in favour of making abortion available on the request of the woman, girl or other pregnant person. The Abortion Care Guideline recommends against laws and other regulations that restrict abortion by grounds. The guideline recommends abortion be available on the request of the woman, girl or other pregnant person. Source document: WHO Abortion Care Guideline (page 64) |
OtherThe woman will suffer serious personal, family or social consequences if the pregnancy is carried to term Additional notesNo gestational limit specified. "Abortion at gestational ages of more than 20 weeks is permissible if two medical practitioners who are members of a panel of at least six medical practitioners appointed by the Minister have agreed that the mother, or the unborn child, has a severe medical condition that, in the clinical judgment of those two medical practitioners, justifies the procedure." |
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 |
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Western Australia (Australia) |
Authorization of health professional(s)Yes Number and cadre of health-care professional authorizations required
WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Third-party authorization requirements are incompatible with international human rights law, which provides that States may not restrict women’s access to health services on the ground that they do not have the authorization of husbands, partners, parents or health authorities, because they are unmarried, or because they are women. The Abortion Care Guideline recommends that abortion be available on the request of the woman, girl or other pregnant person without the authorization of any other individual, body or institution. Abortion Care Guideline § 3.3.2. Source document: WHO Abortion Care Guideline (page 81) |
Authorization in specially licensed facilities onlyYes WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. To establish an enabling environment, there is a need for abortion care to be integrated into the health system across all levels (including primary, secondary and tertiary) – and supported in the community – to allow for expansion of health worker roles, including self-management approaches. To ensure both access to abortion and achievement of Universal Health Coverage (UHC), abortion must be centred within primary health care (PHC), which itself is fully integrated within the health system, facilitating referral pathways for higher-level care when needed. Abortion Care Guideline § 1.4.1. Source document: WHO Abortion Care Guideline (page 52) |
Judicial authorization for minorsNot 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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that abortion be available on the request of the woman, girl or other pregnant person without the authorization of any other individual, body or institution. Abortion Care Guideline § 3.3.2. Source document: WHO Abortion Care Guideline (page 81) |
Judicial authorization in cases of rapeNot applicable WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. There shall be no procedural requirements to “prove” or “establish” satisfaction of grounds, such as requiring judicial orders or police reports in cases of rape or sexual assault (for sources to support this information). These restrictions subject the individual to unnecessary trauma, may put them at increased risk from the perpetrator, and may cause women to resort to unsafe abortion. Source document: WHO Abortion Care Guideline (page 64) |
Police report required in case of rapeNot applicable WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. There shall be no procedural requirements to “prove” or “establish” satisfaction of grounds, such as requiring judicial orders or police reports in cases of rape or sexual assault (for sources to support this information). These restrictions subject the individual to unnecessary trauma, may put them at increased risk from the perpetrator, and may cause women to resort to unsafe abortion. Source document: WHO Abortion Care Guideline (page 64) |
Parental consent required for minorsNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. While parental or partner involvement in abortion decision-making can support and assist women, girls or other pregnant persons, this must be based on the values and preferences of the person availing of abortion and not imposed by third-party authorization requirements. Third-party authorization requirements are incompatible with international human rights law, which provides that States may not restrict women’s access to health services on the ground that they do not have the authorization of husbands, partners, parents or health authorities, because they are unmarried, or because they are women. The Abortion Care Guideline recommends that abortion be available on the request of the woman, girl or other pregnant person without the authorization of any other individual, body or institution. Abortion Care Guideline § 3.3.2. Source document: WHO Abortion Care Guideline (page 81) |
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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. While parental or partner involvement in abortion decision-making can support and assist women, girls or other pregnant persons, this must be based on the values and preferences of the person availing of abortion and not imposed by third-party authorization requirements. Third-party authorization requirements are incompatible with international human rights law, which provides that States may not restrict women’s access to health services on the ground that they do not have the authorization of husbands, partners, parents or health authorities, because they are unmarried, or because they are women. The Abortion Care Guideline recommends that abortion be available on the request of the woman, girl or other pregnant person without the authorization of any other individual, body or institution. Abortion Care Guideline § 3.3.2. Source document: WHO Abortion Care Guideline (page 81) |
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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The right to refuse information, including the right to refuse viewing ultrasound images, must be respected. The Abortion Care Guideline recommends against the use of ultrasound scanning as a prerequisite for providing abortion services for both medical and surgical abortion. Abortion Care Guideline § 3.3.5. Source document: WHO Abortion Care Guideline (page 85) |
Compulsory counsellingNot 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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. While counselling should be made available and accessible, it should always be voluntary for women to choose whether or not they want to receive it. The right to refuse counselling when offered must be respected. Where provided, counselling must be available to individuals in a way that respects privacy and confidentiality. Source document: WHO Abortion Care Guideline (page 77) |
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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Mandatory waiting periods delay access to abortion, sometimes to the extent that women’s access to abortion or choice of abortion method is restricted. The Abortion Care Guideline recommends against mandatory waiting periods for abortion. Abortion Care Guideline § 3.3.1. Source document: WHO Abortion Care Guideline (page 79) |
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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Regulatory, policy and programmatic barriers – as well as barriers in practice – that hinder access to and timely provision of quality abortion care should be removed. Abortion Care Guideline § Box 2.1. Source document: WHO Abortion Care Guideline (page 59) |
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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Regulatory, policy and programmatic barriers – as well as barriers in practice – that hinder access to and timely provision of quality abortion care should be removed. Abortion Care Guideline § Box 2.1. Source document: WHO Abortion Care Guideline (page 59) |
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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. 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. Source document: Preventing Gender-Biased Sex Selection (page 17) |
No data
Restrictions on information provided to the publicNo data found WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Dissemination of misinformation, withholding of information and censorship should be prohibited. Source document: WHO Abortion Care Guideline (page 74) |
No data
Restrictions on methods to detect sex of the foetusNo data found WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. 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. Source document: WHO Abortion Care Guideline (page 103) |
OtherIn the case of a dependent minor, the Health Act requires that a custodial parent has been informed that the performance of an abortion is being considered and has been given the opportunity to participate in a counselling process and in consultations between the woman and her medical practitioner as to whether the abortion is to be performed. Additional notesThe role of the parent can be performed by a guardian. A woman is a dependent minor if she has not reached the age of 16 years and is being supported by a custodial parent or parents.
The source Termination of pregnancy: Information and legal obligations for medical practitioners states: [t]he legislation does not define what is meant by supported. However, it would be reasonable to interpret it as referring primarily to financial support. Therefore, a child living away from home who was not financially dependent on the parents would not be a dependent minor. Additional evidence may be required in these cases, such as Social Security details. In these cases, the young woman is considered in the same way any woman over 16 years of age.
The source further specifies that a woman who is a dependent minor may apply to the Children’s Court for an order that a person specified in the application, being a custodial parent of the woman, should not be given the information and opportunity referred to in subsection and the court may, on being satisfied that the application should be granted, make an order in those terms. |
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 |
---|---|---|---|---|---|---|---|---|---|---|---|
Western Australia (Australia) |
National guidelines for induced abortionYes, guidelines issued by the government WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. National standards and guidelines for abortion care should be evidence based and periodically updated and should provide the necessary guidance to achieve equal access to comprehensive abortion care. Leadership should also promote evidence-based SRH services according to these standards and guidelines. Abortion Care Guideline § 1.3.3. Source document: WHO Abortion Care Guideline (page 50) Additional notesIn addition to the Western Australia Department of Health Termination of Pregnancy Information for Medical Practitioners, 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 aspirationYes (up to 12 WEEKS) In addition to the Western Australia Department of Health Termination of Pregnancy Information for Medical Practitioners, 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 evacuationYes (up to 12 WEEKS) In addition to the Western Australia Department of Health Termination of Pregnancy Information for Medical Practitioners, 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-misoprostolNot specified In addition to the Western Australia Department of Health Termination of Pregnancy Information for Medical Practitioners, 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 onlyNot specified In addition to the Western Australia Department of Health Termination of Pregnancy Information for Medical Practitioners, 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)WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Vacuum aspiration is recommended for surgical abortions at or under 14 weeks to be provided by traditional and complementary medicine professionals, nurses, midwives, associate/advanced associate clinicians, generalist medical practitioners and specialist medical practitioners. Source document: WHO Abortion Care Guideline (page 101) Dilation and evacuation (D&E) is recommended for surgical abortions at or over 14 weeks to be provided by generalist medical practitioners and specialist medical practitioners. Vacuum aspiration can be used during a D&E. Abortion Care Guideline § 3.4.1. Source document: WHO Abortion Care Guideline (page 103) The recommended method for medical abortion is mifepristone followed by misoprostol (regimen differs by gestational age). Abortion Care Guideline § 3.4.2. Source document: WHO Abortion Care Guideline (page 106) The Abortion Care Guideline recommends the use of misoprostol alone, with a regime that differs by gestational age. Evidence demonstrates that the use of combination mifepristone plus misoprostol is more effective than misoprostol alone. Abortion Care Guideline § 3.4.2. Source document: WHO Abortion Care Guideline (page 106) |
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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Mifepristone and misoprostol should be listed in relevant national EMLs (NEMLs) or their equivalent and should be included in the relevant clinical care/service delivery guidelines. Source document: WHO Abortion Care Guideline (page 55) Mifepristone and misoprostol should be listed in relevant national EMLs (NEMLs) or their equivalent and should be included in the relevant clinical care/service delivery guidelines. Source document: WHO Abortion Care Guideline (page 55) |
No data
Country recognized approval (misoprostol)No data found WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Mifepristone and misoprostol should be listed in relevant national EMLs (NEMLs) or their equivalent and should be included in the relevant clinical care/service delivery guidelines. Source document: WHO Abortion Care Guideline (page 55) |
Where can abortion services be providedRelated documents:Primary 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 Other (if applicable)Abortions after 20 weeks gestation can only be legally provided in facilities approved by the Minister. WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1. Source document: WHO Abortion Care Guideline (page 48) |
National guidelines for post-abortion careYes, guidelines issued by the government WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. National standards and guidelines for abortion care should be evidence based and periodically updated and should provide the necessary guidance to achieve equal access to comprehensive abortion care. Leadership should also promote evidence-based SRH services according to these standards and guidelines. Abortion Care Guideline § 1.3.3. Source document: WHO Abortion Care Guideline (page 50) Additional notesIn addition to the Western Australia Department of Health Termination of Pregnancy Information for Medical Practitioners, 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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends the option of telemedicine as an alternative to in-person interactions with the health worker to deliver medical abortion services in whole or in part. Telemedicine services should include referrals (based on the woman’s location) for medicines (abortion and pain control medicines), any abortion care or post-abortion follow-up required (including for emergency care if needed), and for post-abortion contraceptive services. Abortion Care Guideline § 3.6.1. Source document: WHO Abortion Care Guideline (page 133) |
Contraception included in post-abortion careWHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. All contraceptive options may be considered after an abortion. For individuals undergoing surgical abortion and wishing to use contraception, Abortion Care Guideline recommends the option of initiating the contraception at the time of surgical abortion. For individuals undergoing medical abortion, for those who choose to use hormonal contraception, the Abortion Care Guideline suggests that they be given the option of starting hormonal contraception immediately after the first pill of the medical abortion regimen. For those who choose to have an IUD inserted, Abortion Care Guideline suggests IUD placement at the time that success of the abortion procedure is determined. Abortion Care Guideline § 3.5.4. Source document: WHO Abortion Care Guideline (page 126) Additional notesIn addition to the Western Australia Department of Health Termination of Pregnancy Information for Medical Practitioner 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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where user fees are charged for abortion, this should be based on careful consideration of ability to pay, and fee waivers should be available for those who are facing financial hardship and adolescent abortion seekers. As far as possible, abortion services and supplies should be mandated for coverage under insurance plans as inability to pay is not an acceptable reason to deny or delay abortion care. Furthermore, having transparent procedures in all health-care facilities can ensure that informal charges are not imposed by staff. Abortion Care Guideline § 1.4.2. Source document: WHO Abortion Care Guideline (page 53) |
Who can provide abortion servicesNurseNot specified Midwife/nurse-midwifeNot specified Doctor (specialty not specified)Not specified Specialist doctor, including OB/GYNNot specified Other (if applicable)Medical practitioner, defined as a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends against regulation on who can provide and manage abortion that is inconsistent with WHO guidance. Abortion Care Guideline § 3.3.8. Source document: WHO Abortion Care Guideline (page 97) |
Extra facility/provider requirements for delivery of abortion servicesReferral linkages to a higher-level facilityNot specified Availability of a specialist doctor, including OB/GYNNot specified Minimum number of bedsNot specified Other (if applicable)WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. There is no single recommended approach to providing abortion services. The choice of specific health worker(s) (from among the recommended options) or management by the individual themself, and the location of service provision (from among recommended options) will depend on the values and preferences of the woman, girl or other pregnant person, available resources, and the national and local context. A plurality of service-delivery approaches can co-exist within any given context. Given that service-delivery approaches can be diverse, it is important to ensure that for the individual seeking care, the range of service-delivery options taken together will provide access to scientifically accurate, understandable information at all stages; access to quality-assured medicines (including those for pain management); back-up referral support if desired or needed; linkages to an appropriate choice of contraceptive services for those who want post-abortion contraception. Best Practice Statement 49 on service delivery. Abortion Care Guideline § 3.6.1. Source document: WHO Abortion Care Guideline (page 132) |
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 |
---|---|---|---|---|---|---|---|---|
Western Australia (Australia) |
Public sector providersIndividual health-care providers who have objected are required to refer the woman to another providerNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that access to and continuity of comprehensive abortion care be protected against barriers created by conscientious objection. It is critical that States ensure compliance with regulations and design/organize health systems to ensure access to and continuity of quality abortion care. If it proves impossible to regulate conscientious objection in a way that respects, protects and fulfils abortion seekers’ rights, conscientious objection in abortion provision may become indefensible. Abortion Care Guideline § 3.3.9. Source document: WHO Abortion Care Guideline (page 98) |
Private sector providersIndividual health-care providers who have objected are required to refer the woman to another providerNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that access to and continuity of comprehensive abortion care be protected against barriers created by conscientious objection. It is critical that States ensure compliance with regulations and design/organize health systems to ensure access to and continuity of quality abortion care. If it proves impossible to regulate conscientious objection in a way that respects, protects and fulfils abortion seekers’ rights, conscientious objection in abortion provision may become indefensible. Abortion Care Guideline § 3.3.9. Source document: WHO Abortion Care Guideline (page 98) |
Provider type not specifiedYes Individual health-care providers who have objected are required to refer the woman to another providerNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that access to and continuity of comprehensive abortion care be protected against barriers created by conscientious objection. It is critical that States ensure compliance with regulations and design/organize health systems to ensure access to and continuity of quality abortion care. If it proves impossible to regulate conscientious objection in a way that respects, protects and fulfils abortion seekers’ rights, conscientious objection in abortion provision may become indefensible. Abortion Care Guideline § 3.3.9. Source document: WHO Abortion Care Guideline (page 98) |
Neither Type of Provider PermittedIndividual health-care providers who have objected are required to refer the woman to another providerNo WHO GuidanceThe following descriptions were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. The Abortion Care Guideline recommends that access to and continuity of comprehensive abortion care be protected against barriers created by conscientious objection. It is critical that States ensure compliance with regulations and design/organize health systems to ensure access to and continuity of quality abortion care. If it proves impossible to regulate conscientious objection in a way that respects, protects and fulfils abortion seekers’ rights, conscientious objection in abortion provision may become indefensible. Abortion Care Guideline § 3.3.9. Source document: WHO Abortion Care Guideline (page 98) |
Public facilitiesRelated documents:Health-care facilities who have objected are required to refer the woman to another providerNot 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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1. Source document: WHO Abortion Care Guideline (page 48) |
Private facilitiesRelated documents:Health-care facilities who have objected are required to refer the woman to another providerNot 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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1. Source document: WHO Abortion Care Guideline (page 48) |
Health-care facilities who have objected are required to refer the woman to another providerNot 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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1. Source document: WHO Abortion Care Guideline (page 48) |
Neither Type of Facility PermittedRelated documents:Health-care facilities who have objected are required to refer the woman to another providerNot 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 were extracted from WHO Abortion Care Guideline. Where there is a specific Recommendation, this is stated. Otherwise, these are excerpts. Where it is lawful, abortion must be accessible in practice. This requires both ensuring that health-care facilities, commodities and services are accessible (including sufficient providers), and that law and policy on abortion is formulated, interpreted and applied in a way that is compatible with human rights. Abortion Care Guideline § 1.3.1. Source document: WHO Abortion Care Guideline (page 48) |
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 |
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Capital Territory (Australia) |
Penalties deconstructedPenalties only for unlawful/illegal abortions |
PenaltiesOnly a doctor may carry out abortion. A person who is not a doctor must not carry out an abortion. Maximum penalty: imprisonment for 5 years. Abortion to be carried out in approved medical facility A person must not carry out an abortion except in a medical facility, or part of a medical facility, approved under section 83 (1). Maximum penalty: 50 penalty units, imprisonment for 6 months or both. 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. WHO Abortion Care Guideline, p 62. Source document: WHO Abortion Care Guideline (page 62) |
PenaltiesOnly a doctor may carry out abortion. A person who is not a doctor must not carry out an abortion. Maximum penalty: imprisonment for 5 years. Abortion to be carried out in approved medical facility A person must not carry out an abortion except in a medical facility, or part of a medical facility, approved under section 83 (1). Maximum penalty: 50 penalty units, imprisonment for 6 months or both. 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. WHO Abortion Care Guideline, p 62. Source document: WHO Abortion Care Guideline (page 62) |
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 |
PenaltiesTermination of pregnancy performed by unqualified person (1) An unqualified person who performs a termination on another person commits an offence. Maximum penalty—7 years imprisonment. (2) An unqualified person who assists in the performance of a termination on another person commits an offence. Maximum penalty—7 years imprisonment. (3) A reference in subsection (2) to assisting in the performance of a termination includes— (a) supplying, or procuring the supply of, a termination drug for use in a termination, and (b) administering a termination drug. Note. Section 12 of the Abortion Law Reform Act 2019 provides that a person who consents to, assists in, or performs a termination on themselves does not commit an offence. (4) Proceedings for an offence under this section may only be instituted by, or with the approval of, the Director of Public Prosecutions. (5) In this section— medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession, other than as a student. perform includes attempt to perform. termination means an intentional termination of a pregnancy in any way, including, for example, by— (a) administering a drug, or (b) using an instrument or other thing. unqualified person means— (a) in relation to performing a termination on another person—a person who is not a medical practitioner, or (b) in relation to assisting in the performance of a termination on another person—a person who is not authorised under section 8 of the Abortion Law Reform Act 2019 to assist in the performance of the termination 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. WHO Abortion Care Guideline, p 62. Source document: WHO Abortion Care Guideline (page 62) |
PenaltiesTermination of pregnancy performed by unqualified person (1) An unqualified person who performs a termination on another person commits an offence. Maximum penalty—7 years imprisonment. (2) An unqualified person who assists in the performance of a termination on another person commits an offence. Maximum penalty—7 years imprisonment. (3) A reference in subsection (2) to assisting in the performance of a termination includes— (a) supplying, or procuring the supply of, a termination drug for use in a termination, and (b) administering a termination drug. Note. Section 12 of the Abortion Law Reform Act 2019 provides that a person who consents to, assists in, or performs a termination on themselves does not commit an offence. (4) Proceedings for an offence under this section may only be instituted by, or with the approval of, the Director of Public Prosecutions. (5) In this section— medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession, other than as a student. perform includes attempt to perform. termination means an intentional termination of a pregnancy in any way, including, for example, by— (a) administering a drug, or (b) using an instrument or other thing. unqualified person means— (a) in relation to performing a termination on another person—a person who is not a medical practitioner, or (b) in relation to assisting in the performance of a termination on another person—a person who is not authorised under section 8 of the Abortion Law Reform Act 2019 to assist in the performance of the termination 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. WHO Abortion Care Guideline, p 62. Source document: WHO Abortion Care Guideline (page 62) |
PenaltiesNone found |
||
Northern Territory (Australia) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
Penalties4 (3) A person commits an offence if: (a) the person intentionally gives information to the Chief Health Officer for the purpose mentioned in subregulation (1); and (b) the information is misleading and the person has knowledge of that circumstance. Maximum penalty: 100 penalty units. A person commits an offence if: (a) the person intentionally gives a document to the Chief Health Officer for the purpose mentioned in subregulation (1); and (b) the document contains misleading information and the person has knowledge of that circumstance. Maximum penalty: 100 penalty units. 10 A medical practitioner who performs or directs the performance of a termination must provide to the Chief Health Officer the information prescribed by regulation 8 in the approved form and within the time prescribed by regulation 9. Maximum penalty: 20 penalty units. An offence against subregulation (1) is an offence of strict liability. It is a defence to a prosecution for an offence against subregulation (1) if the defendant has a reasonable excuse. The offence in 4(3) pertains to medical practitioners. 4(1) states - The CHO may verify the credentials of a medical practitioner for the purpose of confirming the medical practitioner as a suitably qualified medical practitioner. 4(2) states - A medical practitioner must provide true and accurate information to the CHO for the purpose mentioned in sub-regulation (1). Criminal Code Act - Any person who, when a woman or girl is about to be delivered of a child, prevents the child from being born alive by any act or omission of such a nature that, if the child had been born alive and had then died, he would be deemed to have unlawfully killed the child, is guilty of an offence and is liable to imprisonment for life. 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. WHO Abortion Care Guideline, p 62. Source document: WHO Abortion Care Guideline (page 62) |
Penalties4 (3) A person commits an offence if: (a) the person intentionally gives information to the Chief Health Officer for the purpose mentioned in subregulation (1); and (b) the information is misleading and the person has knowledge of that circumstance. Maximum penalty: 100 penalty units. A person commits an offence if: (a) the person intentionally gives a document to the Chief Health Officer for the purpose mentioned in subregulation (1); and (b) the document contains misleading information and the person has knowledge of that circumstance. Maximum penalty: 100 penalty units. 10 A medical practitioner who performs or directs the performance of a termination must provide to the Chief Health Officer the information prescribed by regulation 8 in the approved form and within the time prescribed by regulation 9. Maximum penalty: 20 penalty units. An offence against subregulation (1) is an offence of strict liability. It is a defence to a prosecution for an offence against subregulation (1) if the defendant has a reasonable excuse. The offence in 4(3) pertains to medical practitioners. 4(1) states - The CHO may verify the credentials of a medical practitioner for the purpose of confirming the medical practitioner as a suitably qualified medical practitioner. 4(2) states - A medical practitioner must provide true and accurate information to the CHO for the purpose mentioned in sub-regulation (1). Criminal Code Act - Any person who, when a woman or girl is about to be delivered of a child, prevents the child from being born alive by any act or omission of such a nature that, if the child had been born alive and had then died, he would be deemed to have unlawfully killed the child, is guilty of an offence and is liable to imprisonment for life. 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. WHO Abortion Care Guideline, p 62. Source document: WHO Abortion Care Guideline (page 62) |
PenaltiesNone found |
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Queensland (Australia) |
Penalties deconstructedPenalties only for unlawful/illegal abortions |
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. WHO Abortion Care Guideline, p 62. Source document: WHO Abortion Care Guideline (page 62) |
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. WHO Abortion Care Guideline, p 62. Source document: WHO Abortion Care Guideline (page 62) |
PenaltiesNone found |
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South Australia (Australia) |
Penalties deconstructedPenalties only for unlawful/illegal abortions |
PenaltiesPregnancy Termination Bill 2021: (1) An unqualified person who performs a termination on another person commits an offence. Maximum penalty: 7 years imprisonment. (2) An unqualified person who assists in the performance of a termination on another person commits an offence. Maximum penalty: 5 years imprisonment. (3) In this section— unqualified person means— (a) in relation to the performance of a termination under subsection (1)—a person who is not a registered health practitioner authorised under this Act to perform a termination; or (b) in relation to assisting in the performance of a termination under subsection (2)—a person who is not a registered health practitioner acting in the ordinary course of the practitioner's profession. 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. WHO Abortion Care Guideline, p 62. Source document: WHO Abortion Care Guideline (page 62) |
PenaltiesPregnancy Termination Bill 2021: (1) An unqualified person who performs a termination on another person commits an offence. Maximum penalty: 7 years imprisonment. (2) An unqualified person who assists in the performance of a termination on another person commits an offence. Maximum penalty: 5 years imprisonment. (3) In this section— unqualified person means— (a) in relation to the performance of a termination under subsection (1)—a person who is not a registered health practitioner authorised under this Act to perform a termination; or (b) in relation to assisting in the performance of a termination under subsection (2)—a person who is not a registered health practitioner acting in the ordinary course of the practitioner's profession. 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. WHO Abortion Care Guideline, p 62. Source document: WHO Abortion Care Guideline (page 62) |
PenaltiesPregnancy Termination Bill 2021: A prosecution for an offence against this Part cannot be commenced without the Director of Public Prosecution's written consent. |
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Tasmania (Australia) |
Penalties deconstructedPenalties only for unlawful/illegal abortions |
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. WHO Abortion Care Guideline, p 62. Source document: WHO Abortion Care Guideline (page 62) |
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. WHO Abortion Care Guideline, p 62. Source document: WHO Abortion Care Guideline (page 62) |
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. WHO Abortion Care Guideline, p 62. Source document: WHO Abortion Care Guideline (page 62) |
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Victoria (Australia) |
Penalties deconstructedPenalties only for unlawful/illegal abortions |
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. WHO Abortion Care Guideline, p 62. Source document: WHO Abortion Care Guideline (page 62) |
PenaltiesNone found |
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Western Australia (Australia) |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
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. WHO Abortion Care Guideline, p 62. Source document: WHO Abortion Care Guideline (page 62) |
PenaltiesNone found |