Northern Territory legislation also requires that an abortion be performed at this stage of pregnancy in a hospital, by a gynaecologist or obstetrician. A second physician must share the view that the “reason for the mother`s health” or the “reason for fetal disability” is met. Northern Territory legislation allows abortions up to the 14th week of pregnancy if the `maternal health reason` or `fetal disability reason` is met. The legislation defines these grounds in the same way as in South Australia. (155) Although there is no case law on this subject, Northern Territory legislation appears to permit abortion at this stage of pregnancy for reasons similar to those of South Australia. In Western Australia, the number of registered abortions has remained relatively stable despite population growth. After the reform of South Australia, Victoria and New South Wales followed. However, it must be said that at that time, abortion was not legal without restrictions in any state. However, it must not be forgotten that the Kirby decision does not allow doctors to perform abortions on women whose mental and physical health they consider to be completely robust and immune from further pregnancy. No matter how low his judgment is set on the minimum level of threat to a pregnant woman`s health that can lead a doctor to conclude that the threat is “serious,” Kirby A-CJ has not really explained that an abortion will be legal if a pregnant woman wants it and that a doctor is willing to perform it. The Menhennitt judgment is silent on the question of whether an abortion can only be legally performed if the procedure itself is performed by a qualified physician. From a certain perspective, Menhennitt implicitly imposed this as a legal requirement.

On the other hand, the fact that the respondent in R. v. Davidson happened to be a physician, did not mean that the legal test set out by Justice Menhennitt would not be applicable to situations where an abortion was performed by someone other than a physician. The availability of abortion facilities in the state is limited. The state public health system provides abortion services only in exceptional circumstances (such as fetal abnormalities), so most women have access to abortion through the private sector. In 2017, the state`s only low-cost surgical abortion clinic closed. Some women have chosen to fly from state to state for abortions. [84] There does not appear to be a logical basis for limiting the honest and reasonable expectation of such a risk to the mother`s mental health to the period of pregnancy alone.

Having recognised the relevance of other economic or social reasons which may lead to such a conviction, it is illogical to exclude as a relevant factor the possibility that the patient`s mental state may be threatened after the birth of the child, for example because of the economic and social circumstances in which she is likely to find herself. Combined with an unexpected and unwanted pregnancy, such considerations would most likely result in a risk to the mother`s mental health after the birth of the child, if these circumstances were likely to wreak havoc. (88) However, any doctor may terminate a pregnancy of up to 23 weeks if termination of pregnancy is immediately necessary to prevent serious harm to the pregnant woman`s physical or mental health. Any doctor may perform an abortion at any stage of pregnancy, if it is necessary to preserve the life of the pregnant woman. The case involved the prosecution of two doctors, Dr Peter Bayliss and Dr Dawn Cullen, under Queensland`s regulations that criminalise abortion. Specifically, they were charged under section 224 of the Queensland Criminal Code for an abortion they had performed at the Greenslopes Fertility Control Clinic in Brisbane. The jury in this case acquitted both doctors. It did so after being commissioned by McGuire DCJ to apply the R.

v. Davidson test. In an extensive judgment, McGuire DCJ reviewed relevant case law in Australia and other common law jurisdictions, discussed academic commentary on these cases, and analysed the text and history of the relevant provisions of the Queensland Criminal Code. McGuire DCJ concluded that the defence had imported the Menhennitt judgment into section 282 of the Criminal Code, and also stated that in this case he relied on the doctrine of necessity to justify the judgment. (107) Under the Public Health and Welfare (Safe Areas) (VIC) Act 2015 (VIC) 2015, the harassment, intimidation, disruption, stress or anxiety or intentional recording of a person entering or leaving a health or fertility clinic offering an abortion within a 150-metre radius, is a criminal offence. “You can say we`re going in opposite directions,” said Gwen Gray, a political scientist specializing in reproductive rights at the Australian National University. She said that while the pandemic and the closure of some Marie Stopes clinics have made access more complicated for some, telemedicine has made things easier for others. And she said US-inspired anti-abortion movements are active in Australia. A bill to completely decriminalize abortion was introduced in the state legislature in October 2020. [75] By law, an abortion can be performed on demand up to the 22nd week of pregnancy and six days. After this period, a doctor can only perform an abortion if he or she consults another doctor and both feel that the procedure is medically appropriate.

With the reform, abortion was completely removed from the penal code. The Legislative Council passed the law on December 3, 2020,[76] as did the House of Assembly on February 19, 2021 by a vote of 29 to 15. [77] As the Assembly passed an amendment prohibiting so-called “sex-selective abortion,”[77] the amendments were adopted by the Legislative Council on March 2, 2021 and received Royal Assent on March 11, 2021. The law required that other regulations be published by the government to come into force. The government published the regulations on June 23, 2022; which came into force on July 7, 2022. [78] [79] [80] Health Secretary Chris Picton criticized the former Liberal government, which was defeated by Labour in the March 2022 election, for “delaying and burying these regulations and failing to explain to the community why it did not move them forward.” [79] Abusive partners can also control reproductive and sexual choices by controlling rape, sabotage of contraceptives, denial of contraception, and then women`s access to abortion.