Why it's time for change

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Approximately 80% of Australians believe a woman should be able to choose whether or not to have an abortion.

Abortions are a reality in NSW. It is estimated that 1 in 3 Australian women have had an abortion, with 1 in 4 pregnancies terminated.

Keeping abortion a criminal offence does not reflect this fact and weakens people’s respect for the law.

Will decriminalising abortion mean more abortions?

Research shows that there is no link between the rate of abortion and the laws that regulate it.  Factors influencing abortion rates are unplanned pregnancies and the availability and use of contraception.  

What laws now govern abortion in NSW?

In NSW the Crimes Act governs abortion and makes abortion a criminal offence. Sections 82-84 make it unlawful to procure an abortion, punishable by imprisonment for up to 10 years. Unlawfully supplying “any drug or noxious thing, or any instrument or thing whatsoever” for the purpose of procuring an abortion is also punishable by way of imprisonment for up to five years.

NSW Judges have interpreted this legislation, spelling out in what circumstances an abortion can be lawful:

• In R v Ward [1971] Justice Levine established that an abortion could be lawful if there was 'any economic, social or medical ground or reason' upon which a doctor could base an honest and reasonable belief that an abortion was required to avoid a 'serious danger to the pregnant woman's life or to her physical or mental health.'
  
• In the next ten years NSW courts re-examined or applied this ruling, in the Skinner case (1974), the Liverpool Women's Health Centre case (1975), and the Smart case (1981). All cases supported the Levine judgement. 
  
• In 1995 CES v Superclinics Australia Pty Ltd expanded the relevant grounds that may cause a serious threat to a woman’s physical or mental health to include social and economic factors. Justice Kirby held a doctor may take into account danger to the woman’s health both during and after pregnancy.
  
• These principles were confirmed in R v Sood (Ruling No 3) [2006].

What are the statistics on abortion?

There is no comprehensive data set for abortions in Australia because there is no uniform national data collection. The number of abortions in Australia each year is commonly cited to be between 70,000 to 100,000. It is believed one in three Australian women have an abortion at some point, with one in four pregnancies terminated.   94.6 percent of abortions occurred before 13 weeks, 4.7 occurred after 13 but before 20 weeks and 0.7 percent occurred after 20 weeks.

What does the community think?

Only a few published studies have attempted to rigorously test community attitudes to abortion in Australia. A major national survey conducted by the Australian Survey of Social Attitudes in 2003 and 2005 found that around 80% of respondents strongly agreed or agreed with the statement that a women should have the right to choose whether or not she has an abortion.  Around 10 percent disagreed or strongly disagreed.  People who have no religion are more likely to agree a woman has a right to choose, although even among this group of supporters remain high.  Opposition to abortion tends to increase with age.

What is NSW Greens policy on abortion?

Our Women Policy has as a principle the right of women to make informed choices in all aspects of their lives, including …health, whether to bear children, [and] their reproductive processes.

Specifically, the Greens NSW are committed to:

• working towards repealing all laws which restrict the right of women to choose abortion and which restrict access to services
• ensuring access to legal, affordable, humane and safe abortion for all women, and provision of counselling pre- and post-termination.