Abortion has become a surprise subject of debate in the Queensland election – putting an issue that many Australians might have thought was settled, back on the national agenda.
If the polls are correct, the Liberal National Party (LNP) will sweep Queensland Labor out of office on October 26, re-electing a swathe of MPs who voted to keep abortion in the criminal code in 2018 and ushering in some candidates who’ve publicly expressed anti-abortion views.
While the LNP leader David Crisafulli has repeatedly said “there will be no change” to the laws if his party is elected, the issue could be forced by a minor conservative party.
LNP leader David Crisafulli says abortion laws will not change under his government. (ABC News: Stephen Cavenagh)
The Katter’s Australian Party (KAP) has vowed to introduce an abortion repeal bill into parliament as “quick as you like” after the election.
The United States has shown abortion laws can change over time. In some US states access to terminations has been radically limited since a Supreme Court decision in 2022.
What is the situation with abortion in Australia?
The quick answer is: it’s currently legal everywhere.
But the rules vary across the states and territories and access to affordable medical care can be a challenge.
What’s legal in Queensland?
In 2018, legislation to decriminalise abortion was passed by Queensland parliament.
Pregnancy terminations are now available on request from health services up to 22 weeks’ gestation.
Abortions can be accessed after 22 weeks’ gestation if the medical practitioner providing the termination has consulted with a second medical practitioner – who also agrees the termination should go ahead.
Under Queensland law a health care worker who conscientiously objects to providing abortion services must tell their patient and refer them elsewhere.
What are the laws interstate?
Abortion is currently legal in every state and territory across Australia with new legislation bringing Western Australia broadly into line with other jurisdictions earlier this year.
But the laws do vary.
For example, in Victoria and the Northern Territory abortions can be sought on request up to 24 weeks’ gestation with two medical practitioners needing to approve a termination after that point.
Children By Choice is a not-for-profit that provides people will information about their pregnancy options. (ABC News: Tim Leslie)
Like Queensland, in New South Wales abortions are available up to 22 weeks on demand and thereafter with sign-off from two medics.
In Tasmania, the gestational limit for on request abortions is earlier – at 16 weeks.
In the Australian Capital Territory there is no gestational limit for terminations on demand.
Abortion has recently been a subject of debate in South Australia where a private member’s bill was proposed last month, which would require women wanting a termination from 28 weeks to undergo an induced birth with babies to be adopted.
How are terminations done?
Depending on the circumstances, abortions can be performed using medication or an operation.
For medical abortions, the drugs used are mifepristone and misoprostol – sold in Australia as MS-2 Step.
For medical abortions, the drugs used are mifepristone and misoprostol (AP: Jose Luis Magana)
Using medication to end a pregnancy at home can be done in the early stages – generally up to nine weeks’ gestation – after appointments with a health care worker such as a general practitioner.
In Queensland since September 2024, authorised nurses and midwives have joined doctors in being able to facilitate medical terminations up to nine weeks’ gestation.
Queensland Health information says after nine weeks, a pregnant person will likely need to be admitted to a hospital or day surgery clinic to receive a termination, which could be medical or surgical.
Access to abortion
While having the legal right to terminate a pregnancy is one issue, being able to access one is another.
A Queensland Health webpage directs readers to an online map of termination services from not-for-profit organisation Children by Choice.
It shows big gaps in the availability of surgical terminations with the service unavailable in several large regional towns including Townsville, Bundaberg and Mount Isa.
Queensland Health says all hospital and health services “have pathways” for accessing termination of pregnancy services.
“Depending on where you live, this referral may be to another city,” the website says.
Private facilities also provide abortion services in parts of Australia.
Abortions later in pregnancy
In a 2024 submission to a Queensland parliamentary committee, the Royal Australian and New Zealand College of Obstetricians and Gynaecologists wrote: “abortion after 20 weeks comprises only about 1 per cent of all abortions”.
“This can be due to late presentation to request an abortion (particularly among vulnerable populations) or later diagnosis of major fetal structural issues, genetic syndromes, severe fetal growth restriction, or maternal conditions where pregnancy continuation would be significantly detrimental to the mental or physical health of the woman,” the submission read.