Abortion in Australia
In June 2022, the Supreme Court of the United States of America overturned the constitutional right to abortion. This has led many of us to reflect on our rights to abortion here in Australia. While abortion has been fully decriminalised across Australia, access to abortion varies between states and territories, with significant differences between when an abortion is lawful or unlawful, financial and geographical accessibility, and when, how and the type of abortion you can access. These differences between states and territories and the barriers to access can cause significant distress and confusion for those seeking abortion services.
Due to the varying laws and regulations across Australia, there is a lack of consistent data on abortion. However, current national estimates are:
Half of all pregnancies in Australia are unplanned (Rissel et al., 2003).
Half of all unplanned pregnancies are terminated (Rissel et al., 2003).
Between one quarter to one third of Australian people assigned female at birth will experience an abortion in their lifetime (Rissel et al., 2003).
Less than 2% of abortions occur on or after 20 weeks’ gestation (Pratt et al, 2005).
Medical abortions (taking prescribed medications that induce a miscarriage) are available across Australia until nine weeks’ gestation. However, there are different pregnancy gestational limitations for surgical abortions (operation under light sedation) across Australia:
Australian Capital Territory:
No pregnancy gestational limit, but can only be performed by a doctor within an approved medical facility.
Tasmania:
Accessible up to 16 weeks (no reason or referral needed).
Western Australia:
Accessible up to 20 weeks (subject to doctor approval or after counselling demonstrates informed consent)
Queensland and New South Wales:
Accessible up to 22 weeks (no reason or referral needed in either state).
South Australia:
Accessible up to 22 weeks and 6 days (patient must have been living in SA for at least two months)
Northern Territory and Victoria:
Accessible up to 24 weeks (subject to doctor approval in NT)
Abortion beyond these gestational pregnancy limits are only legal if approved by at least two medical professionals. In WA, a person seeking termination after 20 weeks gestation must first present their request to a panel of six medical professionals. WA is the only state or territory where, regardless of their capacity to consent to a medical procedure, a person under the age of 16 seeking a termination must have at least one parent informed. If a young person does not want a parent to be informed, they need to apply to the Children’s Court first.
While ACT has no pregnancy gestational limit, there are limited medical facilities that can perform abortions after 14-16 weeks. This means that people seeking abortion in ACT may need to travel interstate to access this health service. Many people throughout Australia experience significant travel expenses due to limited termination services in regional and rural areas.
Not all states and territories provide low-cost or free abortion services, and the cost of accessing abortion remains high despite Medicare rebates with many forced to pay out of pocket. Medication abortion is not covered by Medicare, although some of the medications needed are listed on the Pharmaceutical Benefits Scheme. The current process for accessing abortion means that there can be a number of additional costs including for multiple consultations, ultrasounds, blood tests, and travel.
In all states and territories, medical practitioners can refuse to perform a termination if they have a conscientious objection to it. While they must disclose to the patient their reason for refusal, in some states and territories, there is no legal obligation for the medical practitioner to provide the patient with information about where they can then access abortion services.
All of these limitations and restrictions have significant impacts on people’s psychological, physical, and financial health.Current abortion laws continue to treat pregnant people as though they are unable to make the right choice for themselves. They continue to have to justify or seek permission to access an abortion, and they experience other significant barriers that limits their choice. While our abortion rights do not seem to be directly under threat as we have seen in other countries, more work needs to be done in Australia to ensure that everyone can freely and safely access the healthcare that they need regardless of where they live, their age, the gestation of pregnancy, their financial circumstances, and their reasons for wanting an abortion.
Abortion is healthcare.
Abortion is a human right.
Abortion is your choice, no justification needed.
Information from: childrenbychoice.org.au
This blog post is a brief exploration of this topic and does not replace therapy. At SHIPS, we have practitioners that are knowledgeable and skilled in a variety of areas including sex therapy, relationships and more. If you may benefit from some support, please check out our website resources, or contact us.
We are also always happy to hear feedback about our blog articles. If you would like to share your experience or feel we may have missed something on this topic, please contact us to let us know.
AUTHOR
Javiera Dastres
Senior Psychologist