Abortion law in Victoria

Abortion is a safe, common and legal medical procedure.

In Victoria you can legally have an abortion up to 24 weeks of pregnancy.

Abortion is available from some public hospitals, private clinics, community health centres and some doctors in GP clincs.

Abortion after 24 weeks is legal but is not common. Two doctors must agree the abortion is appropriate, considering the person’s relevant medical situation, and their current and future physical, psychological and social circumstances.

Abortion was decriminalised under the Abortion Law Reform Act 2008.

Conscientious objection: the law and your rights

Some doctors will not provide abortion information or services because of their personal beliefs.  This is known as conscientious objection.

In Victoria, it is the law that doctors who have a conscientious objection must refer any person who is seeking information about abortion to another doctor who doesn’t object.

You have the right to make a formal complaint against any doctor who fails to refer you to another doctor or service who can provide you with information on abortion.

Making a complaint

If your doctor has failed or refused to refer you to another doctor or service who can provide you with information on abortion you can make a complaint to:

• Health Complaints Commissioner
• Australian Health Practitioner Regulation Agency (AHPRA)

In Victoria, you have the right to make a complaint about a public or private health professional, service or provider. Some reasons you might make a complaint include:

• failure to provide satisfactory care
• failure to provide enough information or to deny patient choice
• lack of respect, dignity or privacy
• negligence or unprofessionalism.

Safe access zones around abortion clinics

In 2015, the Public Health and Wellbeing Amendment (Safe Access Zones) Act 2015 was introduced to ensure anyone entering an abortion service, can do so safely and privately, without fear or harassment.

This means that the following behaviours are not allowed within 150 metres of an abortion service. Engaging in these behaviours in a safe access zone is an offence:

• Harassment and intimidation
• Communicating about abortion, in a manner that could be seen or heard by a person accessing or leaving premises providing abortions, where the communication is reasonably likely to cause distress or anxiety
• Impeding a footpath, road or vehicle without reasonable excuse
• Intentionally recording a person accessing or leaving premises providing abortions, without consent or reasonable excuse.