Background
With abortion still considered a crime in NSW, many have
labelled the current position as 'archaic' and 'out of
touch' with modern societal and medical standards. According to
the 100-year-old law, women who access abortion services and
doctors who provide them are liable to imprisonment for up to ten
years.
The Law
Sections 82 and 83 of the Crimes Act 1900 (NSW)
('the Act') makes it an offence for a
pregnant woman, or someone assisting the pregnant woman to
intentionally cause a miscarriage through administration of drugs
or by other means. A penalty of imprisonment for a term of up to
ten years is attached to the offences.
In addition, section 84 makes it a crime to unlawfully supply or
procure any drug or instrument with the intent of causing
miscarriage, with a penalty of five years imprisonment.
