Abortion Laws in Australia: A State by State Analysis

This essay provides a state by state analysis of abortion laws in Australia. It discusses the legalities of abortion in Queensland and other states, including the exceptions and restrictions. The essay argues for the right of women to make decisions about their own bodies.

Running head: ESSAY 0
legal studies
ABORTION
JUNE 18, 2018
STUDENT DETAILS

ESSAY 1
An abortion happens unexpectedly is called miscarriage. It means it is ending of
pregnancy by removing an embryo before it may endure out of uterus. In Australia, abortion
is subject matter of state law. The grounds on which abortion is allowed differ from state to
state. The abortion is permissible to secure the life and health of the females, however there is
different definition in each state. Abortion is the matter of criminal law in Australia and its
territories except Australian Capital Territory. Each state and the territory has the legislation
barring illegal abortion. Victoria, South Australia, Western Australia, North Territory and
Tasmania have law that gives a legal clarification when the abortion is not legally
permissible. In this essay, issues related to abortion with the help of Queensland state law
have been discussed and examined.
Abortion means safe and secure medical process. An abortion occurs when pregnancy
is finished so that it would not result in birth of child. It can be said termination of the
pregnancy. Abortion is defined under two categories; medical abortion and surgical abortion.
The medical abortion is normal procedure. It includes abortion pill up to ten weeks and
abortion pill from ten weeks up to twenty four weeks. On the other hand, surgical abortion
comprises minor operation. It consists vacuum aspiration up to fifteen weeks and dilatation
and evacuation from fifteen weeks up to twenty four weeks (Baird, 2015).
In Australia, abortion was considered as crime from the past ages. The abortion law
was involved in criminal legislation. The abortion law was based on the 1861 English
Offences against the Person Act (ABC, 2011). From the time, some states have made reforms
of abortion and some states continue to ban female’s abortion in improper way. In Australia,
abortion law is state and territory law. Commonwealth is only accountable for medical
abortion by Therapeutic Goods Administration.

ESSAY 2
In New South Wales, abortion was considered as crime under Crimes Act 1900 from
19th century. As per the New South Wales case law, there are some exceptions where abortion
will not be illegal as same as in Queensland. New South Wales case law permits to consider
the financial and common factors to decide whether having pregnancy leads serious danger to
women’s life and their mental and physical health (Baird, 2015)
In Western Australia, Criminal Code Act 1902 was as same as Queensland law. The
illegal abortion was criminal offence. There was no case law to decide when abortion was
legal. After the legislative reforms, Amendment (abortion) Act 1998 states that abortion is
legal up to twenty weeks if consent has been given by women or it is not possible to give
consent by women, the women will suffer some serious danger to their mental or physical
health or serious private or family consequences if abortion is not done. After the twenty
weeks of pregnancy if two medical practitioners among the six practitioners agree on the
serious condition of women, abortion can be done (Baird, 2014).
As per the Criminal Law Consolidation Act 1935 and 1969 amendments, in South
Australia abortion is legal in same circumstances described by statute. It means there is no
full legalisation. It is necessary to carry out abortion in hospitals or with help of prescribed
facility which was not so much available in the state. The females are required to live in
South Australia for at least two months for the legal abortion unless in situation of instant
threat to women’s life and their mental and physical health (Black, 2017).
Northern Territory Criminal Code has been altered by Medical Services Act, 1974. It
makes abortion legal up to fourteen weeks. It is necessary that two medical practitioners
should agree on the chances of serious danger due to having pregnancy continue or on the
chances of born of children with serious such as handicap or paralyse. Abortion is legal up to
twenty three weeks gestation when medical consultant thought that ending the pregnancy is

ESSAY 3
essential to stop serious danger to the life and mental health of women (Raifman, Orlando,
Rafie & Grossman, 2018).
Since 2013, as per the Criminal Code Act 1924, illegal termination of pregnancy was
not allowed in Tasmania. The Reproductive Health (Access to Terminations) Act 2013 has
necessarily legalised abortion. Up to 16 weeks abortion can be done by medical consultant
with consent of women. After 16 weeks abortion can be done if two medical consultants have
reasons to believe that if pregnancy will be continued then there will be chances of injury to
her mental and physical health if pregnancy was ended. The Tasmanian law states the
restriction on the harassment looking for services of abortion by authorising prohibiting areas
around the hospitals (Grossman & Goldstone, 2015).
The Victorian Abortion Law Reform Act 2008 permitted abortion by eliminating it
from 1958 Crimes Act. It was placed in the health regulations. The abortion is enabled the
process up to 24 weeks. After 24 weeks, abortion can be done if it is believed by two medical
consultant that it is appropriate to carry out abortion (Douglas, 2017). As per the Medical
Practitioners (Maternal Health) Amendment Act, abortion was permitted in 2002 in
Australian Capital Territory. The pregnant lady does not face legal sanction for abortion. As
per Crimes (abolition of offence of abortion) Act 2002, All Australian women can carry out
abortion despite of fact of their life (Macduff, 2017).
As per the Queensland law, in Queensland the people including females who carry out
abortion will be responsible to criminal action. In case R v Bayliss and Cullen [1986] QDC
011, it was held by the district court that there are some exceptions as per section 282 of the
criminal code. An abortion will not be illegal when abortion was done in good faith to
prevent some serious danger to life of mother or for her physical and mental health. It will be
not permissible in case of normal dangers of pregnancy. Queensland Criminal Code 1899

ESSAY 4
states that as per section 224, the person with the intention of carrying out miscarriage of
women whether having child or not, directs her illegally to take poison or any force of any
kind or uses other means, will be guilty of crime. That person will be sentenced for fourteen
years (Sifris & Suzann, 2017).
Section 225 states that the person with the intention of carrying out miscarriage of
women whether having child or not, directs her illegally to take poison or toxic or any force
of any kind or uses other means, or allows such things to be controlled to her, will be guilty
of crime. That person will be liable for seven years (Carrick, Perkins & Zalucki, 2014). As
per section 226, if any person supplies things which are intended to be used to obtain
miscarriage of women whether child or not, will be guilty of crime. That person will be
sentenced for three years. Section 282 of the Queensland Criminal Code 1899 defines a legal
abortion and used as defence to illegal abortion (Costa, Douglas & Hambin, 2015).
As per the above discussion, it can be said that women should be regarded as person
and not strongbox for foetus. The great consideration should be given to the rights of women.
Females have ethical rights to take decision about their bodies. The right of abortion is
vibrant for gender equality. This right to carry out abortion is vibrant to get full potential. The
right to carry out abortion is required to be part of portfolio of rights of pregnancy which
allow females to stop pregnancy on their own choice.

ESSAY 5
Reference
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<http://www.abc.net.au/news/health/2018-05-26/is-abortion-legal-in-australia/
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