There is no set age at which a young person in Australia can get an abortion without parental consent. Instead, a doctor assesses whether you understand the procedure well enough to make the decision yourself. If the doctor decides you do, your consent alone is enough, and your parents don’t have to be told or asked. This applies in every state and territory, though the surrounding rules vary a little depending on where you live.
How the Doctor Decides You Can Consent on Your Own
The rule comes from a High Court decision known as Marion’s Case, which held that “parental power to consent to medical treatment on behalf of a child diminishes gradually as the child’s capacities and maturity grow.”1High Court of Australia. Secretary, Department of Health and Community Services v JWB and SMB (Marion’s Case) A young person can give valid consent to an abortion if a doctor assesses them as having “sufficient understanding and intelligence to enable him or her to understand fully what is proposed.” This is usually called being “Gillick competent.”
The assessment is done case by case. The doctor is looking at whether you understand what the procedure involves, the risks and benefits, the alternatives, and what happens if you go ahead or don’t. Two 15-year-olds can be assessed differently. There is no automatic cutoff, though clinical guidance in some places notes that children under 14 shouldn’t be presumed capable of consenting to a significant procedure without a closer look.2Northern Territory Health. Northern Territory Clinical Guideline – Termination of Pregnancy
Once the doctor decides you meet that standard, your consent stands on its own. Parental approval is not required, and the doctor doesn’t need to notify anyone.
Will My Parents Find Out?
No, not unless you agree to it. When a doctor assesses you as Gillick competent and you choose not to involve your parents, that choice has to be respected. The Northern Territory’s clinical guidelines put it directly: “when a young person assessed as Gillick competent chooses not to include their parents/guardians in consultation, this must be respected, and confidentiality not breached.”2Northern Territory Health. Northern Territory Clinical Guideline – Termination of Pregnancy The same confidentiality principle applies nationally through general medical ethics and privacy law.
A doctor might suggest bringing in a trusted adult for support. They can’t require it, and they can’t contact a parent without your permission. The one narrow exception is if the doctor believes you are at serious risk of harm, such as suspected abuse.
How the Rules Vary by State and Territory
The mature minor assessment applies everywhere in Australia. The abortion law surrounding it differs a little in each place.
New South Wales
Abortion is available on request up to 22 weeks, with tighter requirements after that.3NSW Health. Abortion Legislation in NSW There is no parental consent rule. A young person assessed as mature enough can consent alone.
Victoria
Abortion is available up to 24 weeks; after that, two doctors must agree.4Better Health Channel. Abortion in Victoria No parental consent is required for a Gillick competent young person.
Queensland
A medical practitioner can perform the procedure up to 22 weeks. After that, two doctors must consider the person’s physical, psychological, and social circumstances and both agree.5Queensland Health. Termination of Pregnancy Legislation No parental consent requirement applies.
Western Australia
WA changed its law on 27 March 2024 and removed the earlier rule that required people under 16 to notify a parent. One health practitioner can now provide an abortion up to 23 weeks; two doctors are needed after that.6Government of Western Australia Department of Health. Abortion Reform Frequently Asked Questions A mature minor can now consent without any parental involvement.
South Australia
Anyone 16 or over can consent to their own medical treatment under South Australian law. Under 16, the mature minor assessment applies. If a young person is assessed as lacking capacity and there is a dispute, the South Australian Civil and Administrative Tribunal can decide.
Tasmania
Abortion is available on request up to 16 weeks, with further requirements after that.7AustLII. Tasmania Code – Reproductive Health (Access to Terminations) Act 2013 Tasmanian clinical guidelines confirm that a person under 18 can give valid consent if they fully understand what is proposed.8Tasmanian Department of Health. Tasmanian Health Service Protocol – Termination of Pregnancy
Australian Capital Territory
The ACT treats abortion as a standard health service without specific age-based or gestational barriers. The mature minor doctrine applies.
Northern Territory
A single doctor can perform the procedure up to 24 weeks; after that, a second doctor must also approve.9Northern Territory Health. Termination of Pregnancy Law Reform Act Summary NT clinical guidelines say a Gillick competent young person can consent in the same way as an adult with full capacity, while a young person under 14 shouldn’t be presumed to have that capacity.2Northern Territory Health. Northern Territory Clinical Guideline – Termination of Pregnancy
What Happens If the Doctor Decides You Can’t Consent Alone
If a doctor assesses you as not having the capacity to consent on your own, a parent or guardian would usually need to give consent instead. If that isn’t possible, whether because a parent refuses, can’t be reached, or isn’t someone you can safely involve, the courts can step in. State and territory Supreme Courts, and in South Australia the SACAT tribunal, can authorise the procedure themselves.
These applications are decided on a “best interests” standard, taking in the young person’s health, social circumstances, and overall welfare. The application can be brought by the young person, a doctor, or a child welfare agency. The court’s decision replaces the need for either your consent or a parent’s. This pathway exists for exactly the situations where the usual consent process has broken down.
Where to Get Help
You can call 1800 My Options on 1800 696 784 for free, confidential information on pregnancy options and referrals to services in your area.101800 My Options. 1800 My Options – Sexual and Reproductive Health Services The line is open Monday to Friday, 9am to 5pm. Medicare covers a significant portion of the cost of an abortion, but out-of-pocket expenses vary by provider and by the type of procedure. A GP or the 1800 My Options service can tell you what to expect to pay where you live.