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HomeIs Abortion Legal in Australia?

Is Abortion Legal in Australia?

24 Apr, 2024 | Abortion, Blog, Equity and access

 

As families prepare to gather for Christmas, there’s a hidden crisis intensifying behind closed doors: reproductive violence, where someone uses coercion, manipulation, pressure or control to dictate another person’s reproductive choices, is affecting thousands of women and pregnant people across our region.

1 in 3 women globally will experience reproductive coercion in their lifetime, including sabotage of contraception, forced pregnancy, prevention or pressure related to abortion care, and financial or emotional threats linked to reproductive decisions.[1]

In Australia, around 1 in 5 women accessing abortion services report some form of coercion or control from a partner, and frontline counsellors say cases are becoming more complex, particularly during holiday periods when isolation and family pressure escalate.[2]

“Reproductive violence remains largely invisible, but it is happening right now, in homes, relationships, and families across Australia and the world,” said Grishma Bista, CEO, MSI Asia Pacific.

“No one should face abuse, pressure, or control over their reproductive choices. Access to safe, confidential care is essential, especially at a time of year when family dynamics can amplify risk.”

Holiday season increases risk

The end of the year is a peak period for relationship stress, financial pressure, travel, family expectation and isolation from support networks, all factors that increase risk of reproductive violence and reduce access to help.

MSI Australia’s psychosocial team reports a surge in women disclosing lack of control, fear, or pressure from partners in the lead up to Christmas, particularly around continuing or ending a pregnancy.

“We regularly support clients who are frightened, confused, or unsure if what they are experiencing is abuse,” said Alison Fonseca, Psychosocial Health Manager at MSI Australia.

“Reproductive violence can look like sabotaging contraception, hiding medication, pressuring someone to continue or terminate a pregnancy, or threatening to withdraw financial support. It is gendered violence, and it has devastating consequences.”

Regional impact demands regional action

Across the world, reproductive coercion is deeply connected to gender inequality, stigma, economic dependence, and access to health services. In many countries, there are no legal safeguards, limited counselling services, and severe stigma around reproductive healthcare.

“At MSI, we see resilience every day, people finding the courage to seek help, make their own decisions, and protect their future,” Ms Bista said.

“But access to safe pathways must be funded, protected and strengthened.”

Campaign launching: Help us support safety, choice and care

This Christmas, MSI is launching a donation campaign to support people experiencing reproductive violence, here and overseas.

Funds raised will:

  • Provide emergency psychosocial support including counselling
  • Cover the cost of abortion or contraception care for people facing coercion
  • Support local services in countries where reproductive violence is rarely acknowledged

Every donation, large or small, helps someone make a decision free from control, fear and pressure.

“No one should be forced into or out of a pregnancy,” Ms Fonseca said.

“With community support, we can make sure reproductive choices belong to the person, not their partner, not their family, and not their circumstances.”

Key facts

  • 1 in 5 Australian women seeking abortion report pressure or coercion related to pregnancy decisions
  • Only 12 out of 43 Asia Pacific countries have legislation enshrining the right to choose the number, timing, and spacing of children [3]
  • Reproductive violence is one of the least recognised forms of gender-based violence, despite being reported in clinical and counselling settings worldwide [4]
  • Family violence is consistently one of the high-recorded months for family violence incidents [5]

[1] World Health Organisation. (2021)

[2] MSI Australia. (2020). Hidden Forces: Shining a light on reproductive coercion white paper

[3] IPPF. (2023). Asia Pacific Contraception Policy Atlas

[4]  Tarzia & McKenzie. (2024). Reproductive coercion and abuse in intimate relationships: Women’s perceptions of perpetrator motivations

[5] Crime Statistics Agency. (2025). Family Incidents

Ends

For more information contact Anna Jabour on 0403 322 992

 

Can I have an abortion in Australia?

Yes, you can.

 

In Australia, abortion laws vary by state and territories, but it is generally legal, with some regulations and conditions. This blog explores the current legal status of abortion across different Australian states and territories, helping to demystify the laws for those seeking or considering abortion services.

    Overview of Abortion Laws in Australia

    All states and territories in Australia have decriminalised abortion, meaning that it is treated as a healthcare service rather than a criminal issue. However, the specifics such as gestational limits, conditions for access, and the requirement for counselling can differ significantly from one region to another.

    Gestational Limits

    Most states allow abortions to be approved by one doctor, up to 20-24 weeks. Beyond these limits, abortions may only be performed if approved by two doctors and under certain conditions, such as if the mother’s physical or mental health is at risk or if there are significant foetal abnormalities.

    Access and Conditions

    Access to abortion is influenced by local laws which might include mandatory counselling sessions, waiting periods, and in some cases, the approval of multiple doctors, especially for late-term abortions. Some states have implemented safe access zones around clinics to protect patients from harassment and to maintain privacy.

    Legal Variations by State

    Australian Capital Territory (ACT)

    Abortion is legal, and access is straightforward with no mandatory counselling unless requested by the patient.

    New South Wales (NSW)

    Legal up to 22 weeks, with conditions for later terminations that require medical assessments and counselling.

    Northern Territory (NT)

    Permitted up to 24 weeks, with conditions for later terminations.

    Queensland (QLD)

    Abortion is legal up to 22 weeks, with specific conditions for abortions beyond this gestational limit.

    South Australia (SA)

    Available up to 23 weeks, with conditions applying for later terminations.

    Tasmania (TAS)

    Legal up to 16 weeks with more conditions required for abortions after this period.

    Victoria (VIC)

    Abortion is legal up to 24 weeks, with certain conditions for later terminations.

    Western Australia (WA)

    Abortion is legal up to 23 weeks, with more conditions for later gestations.

    What Types of Abortion Are Available in Australia?

    In Australia, people have access to two primary types of abortion: medication abortion (including medical abortion in-clinic or via telehealth) and surgical abortion. The choice between these methods typically depends on the duration of the pregnancy. Medication abortions are an option up to 9 weeks, while surgical procedures are available for later gestations.

    Abortions can be performed in various healthcare settings including private clinics, community-based clinics, and some public hospitals. Additionally, telehealth services offer medication abortions, which can be accessed through general practices and specialised clinics like family planning services.

    It’s important to note that not all healthcare providers, especially those affiliated with religious organisations, are required to offer abortion services.

    For more detailed information on abortion services and to find out which options might be right for you, read this page.

    Conclusion

    While abortion is broadly legal in Australia, navigating the specifics can be complex due to the differences in laws across states and territories. It is crucial for those seeking abortion services to be well-informed about the regulations applicable in their specific region. Get in touch with us if you would like to know more.

    For detailed information about the law and guidance on abortion services in Australia, please refer to this page.