Legal on request + Exemptions, due to legal definitions, in criminal law for maternal life, rape, health, foetal defects, mental health, economic factors, and/or social factors + Legal for maternal life, rape, health, foetal defects, and/or mental health State-by-state legality of abortion in Australia. Abortion in Australia is largely regulated by the states and territories rather than the Federal Government. The grounds on which abortion is permitted in Australia vary by jurisdiction. In every state, abortion is legal to protect the life and health of a woman, though each state has a different definition. Nowhere in Australia is there a requirement that a woman's sexual partner be notified of a proposed abortion or to consent to the procedure. Australian courts will not grant an injunction to restrain a pregnant woman from terminating her pregnancy, even if the applicant is the putative father of the fetus.[1] There is also no waiting period for an abortion. A minor does not need to notify a parent of a proposed abortion nor is parental consent required, except in Western Australia. In Western Australia, a proposed abortion by a minor under 16 years of age must be notified to one of the parents, except where permission has been granted by the Children's Court or the minor does not live with her parents. Early-term surgical abortions are generally available around Australia for those women who seek them. The procedure is partially funded under Medicare, the government-funded public health scheme, or by private healthcare insurers. Prosecutions against medical practitioners for performing abortions have not occurred for decades, with one exception – a prosecution in 1998 in Western Australia that soon after led to the explicit legalisation of on-request abortions under certain circumstances in that state. RU-486, an abortifacient widely used overseas, has been available in Australia only since February 2006. In the case of 'a child capable of being born alive' (usually taken to mean after 28 weeks of pregnancy), a termination may be subject to a separate crime of child destruction in some States and Territories. Contents

History Edit

State laws Edit

Statistics Edit

Due to the lack of consistent data collection standards across States and the differences in definitions, it is difficult or impossible to accurately quantify the number of abortions performed in Australia each year.[45] There were an average of 75,700 Medicare-funded procedures that could result in an "abortive outcome" performed each year from 1995 to 2004, but it should be noted that this figure includes miscarriages as well as terminations. On the other hand, many women who have medical abortions performed at private hospitals may not claim the Medicare rebate.[45] South Australia is the only state which collects and publishes data on abortions. In 2002 there were 5,147 medical abortions performed in South Australia, or 17.2 per 1000 women aged 15–44. Projected nationally, this would suggest that about 73,300 abortions were performed nationwide. This does not take into account differences between states. For example, unpublished data from Western Australia estimates a rate of 19.4 terminations per 1000 women in the same age bracket, which would indicate about 82,700 abortions projected nationally.[45] The South Australian data also indicates that the vast majority of abortions performed 1994–2002 occurred before 14 weeks gestation. Less than 2% took place at or after 20 weeks.[45]

Public opinion Edit

See also Edit