Presently, a significant proportion of Western Countries have legalized abortion. Roe v Wade (1973) in the USA Supreme Court determined that the Constitution protects a woman's decision in regards to abortion, whatever it may be. .
In 1988 France became the first Western country to allow the sale of the "abortion pill". In England a woman can seek an abortion up until the 24th week of pregnancy and the National Health Service has made these abortions free of charge. Even in more conservative countries such as India, abortion was legalized in 1971. Why then, does abortion remain illegal in Australia?.
In Australia, the laws governing abortion fall within the legislative responsibility of each individual state and territory. Statutory provisions in every state and territory- except Western Australia and now the Australian Capital Territory - make it a crime to unlawfully administer any poison or noxious thing, any other instrument or other means with intent to procure miscarriage. The wording of these statutory provisions is based directly on legislation enacted in England in the nineteenth century: Sections 58 and 59 of the Offences Against the Person Act 1861. .
The crime of "unlawful abortion" may be committed by the pregnant woman herself, by the person performing the abortion, or by anyone who assists. The laws can apply to an abortion performed at any stage of the pregnancy. In each state and territory where abortion remains an illegal act, the crime is punishable with lengthy periods of imprisonment. .
In Victoria, both the woman and the abortionist can be jailed for five years, and anyone who chooses to supply or procure anything to assist can be jailed for one year. In New South Wales the punishment is ten years for both the woman and the abortionist, with five years imprisonment for supplying or procuring. Women and abortionists in South Australia face life imprisonment, with three years for supplying and procuring.