What is the law and what are my rights?

In the ACT, it is legal to have an abortion at any gestation.

It is legal to have an abortion at any age. If you are under 18 years old, you can see information for young people here.  

ACT law says that an abortion must be done by doctor, nurse practitioner or authorised midwife, with help from nurses and pharmacists. This means that it is illegal for someone who is not a doctor, nurse practitioner or authorised midwife to provide an abortion.

ACT law also says a doctor, nurse practitioner or authorised midwife can refuse to provide an abortion. This may be for religious or other personal reasons. It is called conscientious objection.

However, doctors, nurse practitioners or authorised midwives cannot conscientiously object:

Even though a doctor can refuse to provide an abortion, you still have the right to feel safe and be treated respectfully under the Australian Charter of Healthcare Rights.

If you think that your rights have not been upheld, you may want to make a complaint.

We recommend having an abortion with the doctors and services available here.

These doctors and services agree to provide free abortion to all Canberra residents.

They support your choice and do not object to providing abortion.

Beyond the ACT

Abortion is legal in every Australian State and Territory.

However, legislation is different between States and Territories.

Some States and Territories have limits on how late in a pregnancy you can have an abortion.

Access to abortion is also supported by the Federal Government. Supporting access to abortion for anyone who wants one is part of the National Women’s Health Strategy 2020-2030.

Protection from harassment when going to a clinic for abortion

In the ACT there are laws to help keep you safe and protect you when going to have an abortion from the MSI Australia clinic.

The laws prevent you from being harassed, obstructed, threatened, humiliated or intimidated or having your privacy invaded

These laws create a 50m zone around the MSI Australia clinic where no protest activity can take place.

Under the law, it is possible for new zones to be declared around GP clinics or other health services if needed.

If you are harassed while trying to access an abortion, we encourage you to let your doctor know.

You can let us know by calling us or emailing ReproductiveHealth@womenshealthmatters.org.au. We will advocate for new zones if they are needed.

In New South Wales (including Queanbeyan), there are different laws, but they have a similar impact.

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