Australian Abortion Access Scorecard
Last updated: September 2024
Below is a summary of the current abortion laws across states and territories in Australia. Although access to abortion is decriminalized across all states and territories in Australia but Western Australia, references to the provision of abortion care is still in criminal codes.
Each item is ranked according to most accessible (green tick), somewhat accessible (orange tick) or least accessible (red cross) and explained in the proceeding chart and information about the laws in each state and territory.
This information is intended to give general information about the law. It has been prepared by MSI Australia staff and the content does not, and cannot, constitute legal advice. To the maximum extent permitted by law, MSI Australia and all other contributors to this Scorecard are not responsible for, and do not accept any liability for, any loss, damage or injury, financial or otherwise, suffered by any person acting or relying on information contained in or omitted from this Scorecard. MSI Australia make no claims, guarantees or warranties about the accuracy, completeness, timeliness, quality or suitability for a particular use of this information. It is the responsibility of the user to verify the accuracy, completeness, timeliness, quality or suitability for a particular use of this information.
For any feedback or enquiries, please contact: communications@msiaustralia.org.au
Table 1: Australian Abortion Access Scorecard
On mobile devices and small screen sizes the following table can be viewed by scrolling left-right.
| ACT | NSW | NT | QLD | SA | TAS | VIC | WA | |
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| Abortions provided by one doctor |
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| Abortions can be accessed without risk of criminalisation |
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| Doctors can provide abortions without risk of criminalisation |
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| Nurses, Midwives and Aboriginal and Torres Strait Islander workers can provide medical abortions without risk of criminalisation |
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| Support people can assist someone to access abortion without risk of criminalisation |
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| Safe Access Zones are legislated |
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| Counselling referrals are optional and not mandated |
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| Abortion access free from judgement and justification |
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| Abortion evidence base is supported with data collection and publication |
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| Conscientious objection (CO) is legislated with a referral |
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Note: Each item is ranked according to most accessible (green), somewhat accessible (orange), or least accessible (red)
Table 2: Abortion access and equity wish list
On mobile devices and small screen sizes the following table can be viewed by scrolling left-right.
| Abortion access and equity wish list | ACT | NSW | NT | QLD | SA | TAS | VIC | WA |
| Abortion care can be provided by one doctor Green: Legal Orange: Some pregnancy gestation limits apply, after which two doctors are required |
Yes | 22 weeks* *Two doctor approvals required past each gestation limit |
24 weeks* *Two doctor approvals required past each gestation limit |
22 weeks* *Two doctor approvals required past each gestation limit |
22 weeks and 6 days* *Two doctor approvals required past each gestation limit |
16 weeks* **Gestation limit low and two doctor approvals required past each gestation limit |
24 weeks* *Two doctor approvals required past each gestation limit |
23 weeks** *Two doctor approvals required past each gestation limit |
| Women and pregnant people can access abortion care without risk of criminalisation Green: Criminalisation of people accessing abortion has been removed from the Criminal Code | No mention in the ACT Crimes Act | A person who consents to, assists in or performs a termination is not guilty of a crime | None | A woman who consents to, assists in, or performs a termination on herself does not commit an offence | A person who consents to, assists in, or performs an abortion on themselves does not commit an offence | A woman who consents to, assists in or performs a termination on herself is not guilty of a crime or any other offence | None | A person who performs an abortion on themselves, or consents to or does any act to assist in the performance of an abrtion on themselves does not commit on offence |
| Doctors can provide medical or surgical abortion care without risk of criminalisation | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
| Nurse Practitioners, Nurses, Midwives and Aboriginal and Torres Strait Islander health workers can provide medical abortion care without risk of criminalisation | A doctor, nurse practitioner or a person prescribed by regulation can perform a medical abortion. Only a doctor can perform a surgical abortion. | Can only assist | Can only assist | Health practitioners (nurses, midwives or another health practitioner prescribed by regulation) can perform a medical termination if they are authorised under the Medicines and Poisons Act 2019, section 54. Only a medical practitioner (doctor) can provide medical and surgical abortions. | The Act allows for other registered pratictioners (i.e. not medical practictioners) to perform early medical terminations in certain limited circumstances It is considered that this could include nurses, nurse practitioners and midwives in the first instances. There are currently other legislative and policy barriers to this part of the Act, and so this part of the Act has not yet commenced | A nurse or a midwife must assist a medical practitioner to perform an abortion in an emergency | Nurse practitioners with appropriate qualifications and training can perform a medical abortion. Nurse practitioners should check their employers clinical governance framework. Unclear whether Endorsed Midwives, Registered Nurses, Midwives, or Aboriginal and Torres Strait Islander health workers are able to perform a medical abortion. | A prescribing practitioner is authorised to perform an abortion on a person who is not more than 23 weeks. A prescribing practitioner means a person who is a member of a class of registered health practitioners that — (a) is authorised under the Medicines and Poisons Act 2014 to prescribe an abortion drug; and (b) is prescribed by the regulations for the purposes of this definition |
| Support people or doulas can assist someone to access abortion care without risk of criminalisation Green: All aspects of criminilisation of support people or doulas has been removed from the Criminal Code Red: Risk of criminalisation of support people or doulas exists in the Criminal Code | It is a crime if a person besides a doctor or nurse practitioner supplies or administers a termination drug to another person It is also a crime if a person besides a doctor carries out a surgical termination | No crime is listed | No crime is listed | It is a crime for an unqualified person to perform or assist in a termination | It is a crime for an unqualified person to perform, or assist in, a termination The Act imposes a maximum penalty of 7 years imprisonment for an unqualified person who performs a termination of pregnancy and a maximum penalty of 5 years imprisonment for an unqualified person who assists in a termination of pregnancy | Termination by a person other than medical practitioner or pregnant woman is guilty of a crime. | A person who is not a qualified person must not perform an abortion on another person | 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 |
| Safe Access Zones are legislated | 50m SAZ | 150m SAZ | 150m SAZ | 150m SAZ | 150m SAZ | 150m SAZ | 150m SAZ | 150m SAZ |
| Counselling referrals are optional and not mandated | Yes | Yes - after 22 weeks | Yes | Yes | Yes | Yes | Yes | Yes |
| Abortion access free from judgement and without needing to provide justification of choice | Yes | No - The government opposes abortions based on Gender Biased Sex Selection | Yes | Yes | No Gender Biased Sex Selection |
Yes | Yes | Yes |
| Abortion evidence base is supported with anonymous data collection and publication to improve health systems and processes | Data collection, no publication yet but all abortions are free for residents of the ACT | Data collection, sporadic publication | Data collection, can be requested for research | No data collection | Data collection, with publication | No data collection | No data collection | Data collection, sporadic publication |
| Conscientious objection (CO) is legislated with referral | Must inform and refer | Must inform and give information on how to locate/contact a doctor without CO or transfer to another doctor without CO | Must inform and refer in a clinically reasonable time | Must inform and refer or transfer care | Must inform and refer | Must provide information on where to access care elsewhere | Must inform and refer | Must inform and refer |