Abortion Law in New South Wales: The Problem with Necessity

Research output: Contribution to journalArticlepeer-review


In 1861 the United Kingdom Parliament enacted the Offences against the Person
Act,1 which, pursuant to ss 58 –9, made abortion a criminal offence.2 At the turn of the 20th century, New South Wales, along with all other Australian jurisdictions,
enacted statutory provisions on abortion modelled on this 19th century English
legislation. The NSW provisions, contained within ss 82–4 of the Crimes Act
1900 (NSW), are practically identical to the 1861 UK Act.3
Original languageEnglish
Pages (from-to)32-70
Number of pages39
JournalMonash University Law Review
Issue number1
Publication statusPublished - Nov 2018


  • abortion law
  • Australian jurisdictions
  • NSW
  • woman's health
  • law reform


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