Author: Una Ebsworth
Practice area: Murder & Manslaughter
Una is a Director at Doogue + George, recognised by Doyle's Guide as a Preeminent Criminal Defence Lawyer in Victoria (2026) and an LIV Accredited Criminal Law Specialist since 2014 with over 15 years of experience in serious indictable matters. Her depth of experience in this area means clients receive accurate, considered advice.
View full profile →Una authored this content and last revised it for accuracy on 5th August 2026.
What is the offence of Abortion by an Unqualified Person?
In Victoria, Abortion by an Unqualified Person is an offence under section 65 of the Crimes Act 1958. It is a criminal offence to perform an abortion on another person if you are not qualified to do so.
Key points
- What must be proved: an abortion was performed on another person by someone not qualified to do so
- Type of conduct: performing an abortion without the requisite qualification/registration
- Usual court level: generally heard in the County Court
The maximum penalty for Abortion by an Unqualified Person is level 5 imprisonment (10 years).
Common defences may include there was no pregnancy; there was no intention that the pregnant person miscarry.
Have you been accused of Abortion by an Unqualified Person?
Contact an abortion charges lawyer as soon as possible and get expert legal advice.
Police Interview
The purpose of the police interview from the prosecution’s perspective is to elicit admissions from you that prove you either performed an abortion without holding the requisite qualifications.
It is extremely important prior to interview to engage a defence lawyer as soon as you become aware that police want to interview you so that you receive the correct information about what you should or should not be saying to police about the circumstances. Each case comes with a different set of facts and therefore a different approach, so it is beneficial to seek the opinion of a criminal law specialist about how you should approach the interview. Our lawyers can also advise you of what to expect so you are not caught off guard by the interview process.
Our lawyers regularly attend Police interviews with clients to make sure our clients do not say anything they shouldn’t. You may find it comforting having someone there on your side looking after your best interest.
Pleading Not Guilty
Conducting an illegal abortion is considered a serious offence, so it is important to seek legal advice early in order for you to be made aware of the ways in which you could successfully contest the charge. Our lawyers approach contested hearings pro-actively and look for evidence which the police may have over looked. Our lawyers will consider the following questions:
- Is the police brief of evidence complete?
- Are there any witnesses who police have not spoken to?
- Is there medical evidence which could shed light on the allegations?
Pleading Guilty
If you decide to plead guilty to performing an illegal Abortion, our abortion charges lawyer can advise you what the best approach is to get the best possible outcome in Court. Your plea hearing may be the single most important event in your life and you should not leave it to chance.
Examples of Abortion by an Unqualified Person
- Someone who is not a doctor, pharmacist, or nurse performs an abortion.
- A registered pharmacist or registered nurse performs an abortion other than by by administering or supplying a drug.
Defences
- There was no pregnancy.
- There was no intention that the pregnant person miscarry.
There are other possible defences depending on the circumstances surrounding the alleged offending. An abortion charges lawyer knows that each matter is unique and requires an individual approach and strategy.
Questions in cases like this:
- How do they prove you intended to perform an abortion?
Maximum penalty and Court that deals with this charge
The maximum penalty for Abortion by an Unqualified Person (s65 of the Crimes Act 1958) is level 5 imprisonment (10 years).
This type of offence is generally heard in the County Court.
Legislation
The section that covers this offence is section 65 of the Crimes Act 1958.
What is the legal definition of Abortion by an Unqualified Person?
A person who is not qualified cannot perform an abortion. To be qualified, you must be a registered under the Health Practitioner Regulation National Law to practise in the medical profession.
Other Important Resources
What can you be sentenced to for this charge?
There is a maximum penalty of level 5 imprisonment (10 years) for Abortion by an Unqualified Person.
This is a serious offence and you may serve a prison term if you are found guilty.
