QUEENSLAND

Criminal Code Sections 224, 225 & 226

R v Bayliss & Cullen (1986)
McGuire J (District Court)

Nil

Free-standing private clinics
Up to 20 weeks LMP*

NEW SOUTH WALES

Crimes Act 1900 Sections 82, 83 & 84

R v Wald (1971) 3, NSW DCR 25
Levine J (District Court)

Nil

Free-standing private clinics, private & public hospitals
Up to 20 weeks LMP*

VICTORIA

Abortion Law Reform Bill 2008

R v Davidson (1969) VR 667
Menhennit J (Supreme Court)

Nil

Free-standing private clinics, private & public hospitals
Up to 20 weeks LMP*

AUSTRALIAN CAPITAL TERRITORY

No laws regarding abortion in Crimes Act
Medical Practitioners (Maternal Health) Amendment Act 2002

Untested

Medical Practitioners (Maternal Health) Amendment Act 2002

Only a registered medical practitioner may carry out abortion (Maximum penalty – 5 years imprisonment)

Abortion is to carried out in a medical facility, or part of a medical facility (Maximum penalty – 50 penalty points, 6 months imprisonment or both)

Ministerial approval is required for the medical facility, or part of, for abortions to be performed.

No person is required to assist or perform in the carrying out of abortion.

Free-standing private clinic
Up to 14 weeks LMP

SOUTH AUSTRALIA

Criminal Law - Consolidation Act 1935(as amended)
Sections 81 (1), 81 (2), 82 & 82 (2)

Untested

The opinion of two legally qualified medical practitioners.

The abortion procedure can only be performed in a prescribed hospital/clinic.

Two months prior residency in S.A.

Must be carried out within 28 weeks of conception.

Free-standing public hospital clinic & prescribed hospitals
Up to 20 weeks LMP*

WESTERN AUSTRALIA

Criminal Code Sections 199 (amended)
Health Act Acts Amendment (Abortion) Act 1998

Untested

Acts Amendment (Abortion) Act 1998 amending Health Act: Abortion is justified if:

The woman has given informed consent.

The woman will suffer serious personal, family or social consequences.

The pregnancy is causing or will cause serious danger to the woman’s physical or mental health.

Girls under 16 need to have one parent informed or apply to Children’s Court for order to proceed.

The woman must consult an independent doctor prior to pregnancy termination.

Access to terminations of pregnancy over 20 weeks of gestation severely restricted.

Free-standing private clinics
and limited availability King Edward Memorial Hospital
Up to 20 weeks LMP*

TASMANIA

Criminal Code 1924
Amended 2001 Sections 134 (1), 134 (2) , 135 , and 164.

Two registered medical practitioners have agreed that the continuation of the pregnancy would involve greater risk of injury to the physical or mental health of the pregnant woman than if the pregnancy were terminated; the registered medical practitioners may take account of any matter which they consider to be relevant.

The woman has given informed consent unless it is impracticable for her to do so.

"informed consent" means a registered medical practitioner has

(a) provided the woman with counselling about the medical risk of termination of pregnancy and of carrying a pregnancy to term; and

(b) has referred her to counselling about other matters relating to termination of pregnancy and carrying a pregnancy to term;

Limited Public Hospitals, 2 free-standing private clinics in Hobart
Up to 14 weeks LMP*

NORTHERN TERRITORY

Criminal Code 1983 Sections 172, 173 & 174

Untested

Legally available up to 14 weeks gestation where the maternal health or the foetal disability grounds are satisfied.

Second doctor must share opinion that these grounds are satisfied.

Must be carried out by a gynaecologist or obstetrician.

Darwin and Alice Springs hospitals by specialist obstetrician & gynaecologist.