What Does Abortion Being "Decriminalised" In NSW Actually Mean?

Here’s what you need to know.

New South Wales has finally decriminalised abortion, overturning a highly controversial 119-year-old law earlier this week. Following nearly 40 hours of discussion, the final vote came after the bill passed the upper house 26 votes to 14.

The bill to decriminalise abortion was introduced back in July by Independent MP Alex Greenwich, who introduced it to state parliament as the Reproductive Health Care Reform Bill 2019.

Now, following weeks of robust debate and protesting, NSW has become the last state in Australia to decriminalise abortion. However, the name has been changed to the Abortion Law Reform Act 2019.

Abortion has been decriminalised in NSW. Sorry it took so long.

— Alex Greenwich MP (@AlexGreenwich) September 26, 2019

With all the legal jargon surrounding legislation, it can be tough to figure out exactly what "decriminalising" something means. For instance, when did abortion become a crime in the first place, and what will the law be now?

These are all very valid questions, so let’s break them down.  

It’s a pretty ancient law.

Prior to the bill being passed, sections 82, 83 and 84 of the New South Wales Crimes Act considered abortion to be criminal if performed unlawfully, carrying a maximum penalty of up to ten years’ imprisonment. Previously, abortions were only considered lawful in NSW if a doctor thought the woman’s physical or mental health was at risk.

Given that the NSW Crimes Act was established in 1900, and public attitudes towards abortion have significantly shifted since then, people are wondering why it took so long for NSW to get with the program.

So, what does "decriminalise" actually mean?

In the context of abortion, it means that it will no longer be treated as a criminal offence. The reform will take abortion out of the Crimes Act, making it lawful for a woman to terminate her pregnancy for up to 22 weeks, as well as later if two specialist medical practitioners agree.

If a doctor has a conscientious objection to performing a termination, they will have to disclose the objection and refer the woman onto another practitioner who does not have a conscientious objection.

Additionally, coercing a person to either prevent or force them to have an abortion will now be a crime punishable by up to two years imprisonment.

Are all abortion laws around Australia the same?

Ah, if it only it was that easy.

Although abortion is now decriminalised in every state, the laws vary dramatically between different states and territories. For example, in Victoria abortion is legal until 24 weeks, and post-24 weeks with the approval from two doctors. However, in Western Australia, access to abortion after 20 weeks is very restricted.

In Queensland, abortion was legalised in 2018, with termination of pregnancy available on request at up to 22 weeks' gestation. After 22 weeks, the medical practitioner performing the termination has to consult with a second medical practitioner, and both must agree the abortion should be performed. 

Tasmania allows for termination in the first 16 weeks of pregnancy. While it's still legal after, it requires the approval of two doctors. 

Lawful termination of pregnancy in South Australia is up to 28 weeks if two medical practitioners agree that a woman's physical or mental health is endangered by the pregnancy, or if the child will be born with a serious abnormality. 

Plus, in the Northern Territory, a woman’s life must be endangered for a pregnancy to be terminated beyond 23 weeks, pursuant to the Pregnancy Law Reform Act.

Full-term abortions are available in the Australian Capital Territory, with no gestational limits. 

It's a lot to take in. But at least now you know! 

Header Image: iStock.com/sebk