New South Wales
Abortion Death Toll
17,740 children in the 2023/24 year
Abortion rates in New South Wales must now be reported for each financial period. The 2023/24 report is the first of its kind.
Source: NSW Health Termination of Pregnancy Annual Report – 2023-24
Legislation
Abortion is legal up to birth in New South Wales under the Abortion Law Reform Act 2019.
According to the Act:
- Up to 22 weeks gestation, a medical practitioner, endorsed midwife or nurse practitioner may abort a preborn child without any restrictions.
- After 22 weeks gestation, a preborn child may be aborted if two specialist medical practitioners, after considering all relevant medical circumstances and the woman’s current and future physical, psychological and social circumstances, agree that there are sufficient grounds for the child to be aborted. These broad categories for consideration make it extremely easy for a woman in New South Wales to abort her child up to birth. A specialist medical practitioner is defined as an obstetrician, a gynecologist or a medical practitioner with experience related to performing abortions.
- In an emergency, a single medical practitioner (whether or not a specialist) may abort a preborn child of more than 22 weeks gestation if the practitioner considers that the abortion is necessary to save the woman’s life or the life of another unborn child.
Buffer Zones Around Abortion Clinics
Part 6A of the Public Health Act 2010 places a 150 metre buffer zone around all abortion clinics (this does not include pharmacies).
Within a buffer zone it is an offence to:
- protest abortion laws
- interfere with any person’s access to an abortion clinic (e.g. attempt to dissuade someone from entering an abortion clinic)
- video any person who is inside a buffer zone
Maximum penalty:
- for a first offence – 50 penalty units or imprisonment for 6 months, or both
- for a second or subsequent offence – 100 penalty units or imprisonment for 12 months, or both
This buffer zone law does not apply to certain conduct such as activity inside a church or within its grounds, conduct that occurs in the forecourt of, or on the footpath or road outside, Parliament House in Macquarie Street, Sydney, or distribution of a candidate’s written material during an election, referendum or plebiscite.