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Abortion regulation – new law
Date created: 05 November 2008
Applies from 23 October 2008
It is no longer an offence under the Crimes Act in Victoria for a woman to seek to have an abortion.
Abortion by registered medical practitioner
An abortion may be performed by a registered medical practitioner on a woman if she is not more than 24 weeks pregnant.
Late term abortions
After 24 weeks, an abortion may be performed if two medical practitioners agree that the abortion is appropriate, all circumstances considered.
The practitioners must consider the patient’s medical circumstances and also her physical, psychological and social circumstances.
Supply of drugs to cause abortion
Administration and supply of drugs to cause an abortion may be given by a registered nurse of pharmacist who is authorised to administer drugs. Drugs can only be administered in this way up until the woman is 24 weeks pregnant. After 28 weeks this must be authorised by a medical practitioner in writing.
Conscious objection
If a woman requests that an abortion be performed and the health practitioner has a conscientious objection to abortion, the practitioner must:
- inform the woman of their objection
and - refer the woman to another practitioner who they know does not object.
Emergency situations
A registered medical practitioner must perform an abortion if the abortion is necessary to preserve the life of the pregnant woman. A registered nurse also has a duty to assist in an emergency.
Offences
It is an offence under the Crimes Act for an unqualified person to perform an abortion. It is also an offence for an unqualified person to supply a drug that they know will be likely to cause an abortion.
It is not an offence for a woman to consent to an abortion.
Abortion is specifically included in the definition of a serious injury under the Crimes Act.
More information
Related publications
Related pages
Youth issues – Your life, your rights
Youth issues – Relationships & sex
Related legislation
Abortion Law Reform Act 2008 (new window)
Related websites
Victorian Law Reform Commission – Abortion project (new window)
Women’s Health Victoria – Abortion (new window)