Overview

Australia scores high in the freedom index consistently with its position in other comparable indexes. Australia has the second-highest human development index globally and scores high in indexes measuring quality of life, health, education, economic freedom, and the protection of civil liberties and political rights. This is a federal country with a central government and six states and two major mainland territories. The laws of the territories however can be superseded by federal law. This has happened with regard to euthanasia which had been legalized in the Northern Territory in 1995 and subsequently voided by an amendment by the Commonwealth to the Northern Territory (Self-Government) Act 1978. Most of the areas connected to the freedom index are primarily governed by state law, which do so by exercising their “residual powers.” Federal legislation can in fact override state legislation only in areas that are set out in Section 51 of the Australian Constitution (primarily taxation, defense, foreign affairs, and postal and telecommunications services). The legal status of abortion, which is regulated by state law, is complex and far from settled. It can be performed at the request of a woman in the Australian Capital Territory, Victoria and Western Australia. In Queensland, New South Wales, South Australia, the Northern Territory and Tasmania, the requirements are stricter. Depending on the state, it can be performed only when a physician believes a woman’s physical and/or mental health is in serious danger or fetal abnormalities. With regard to research with embryos, federal legislation was enacted in 2002 (Research Involving Human Embryos Act 2002 and the Prohibition of Human Cloning for Reproduction Act 2002). The law authorized research with excess embryos (conditional upon a researcher obtaining a license from the National Health and Medical Research Council Licensing Committee) and, since 2006, extended it to somatic cell nuclear transfer. The use of non-human animal eggs to make human SCNT cell lines is specifically prohibited. Gamete and embryo donation and surrogacy are permitted. Although subtle between-state differences exist, third-party reproduction is by and large a socially acceptable and legally permissible way to form a family throughout Australia. Australian state laws and federal guidelines prohibit commercial and anonymous third-party reproduction; mandate counselling of all parties involved in gamete and embryo donation and surrogacy arrangements; and require clinics to keep records with identifying and non- identifying information about the donor/s to allow donor-conceived offspring to trace their biological origins. With regard to fertilization, all of the major levers relevant to reproductive technology policy—health regulation, parentage law, and criminal prohibition—fall within state jurisdiction. State legislation is relatively harmonized because states modeled and copied each other’s legislation and because of the role of federal funding. Assisted reproduction is widely used in part because of the generous financial support available since 2000 by means of partial reimbursement of an unlimited number of ART cycles without restrictions on parental age or numbers of previous treatment attempts or existing children and since 2004 as a result of the establishment of the Extended Medicare Safety Net (EMSN), which reimburses 80% of out-of-pocket expenses for out-of-hospital Medicare services once an annual threshold is reached. Australia has also been a world leader in reducing the incidence of ART multiple births through a voluntary shift to single embryo transfer. Both single women and same-sex couples have access to ART. Modern contraceptives are commonly used and emergency contraceptives are available from a pharmacist without requiring a prescription. Family support is indirectly provided by the government. Euthanasia is the least advanced area of policy. Active euthanasia was briefly legalized in the Northern Territory in 1995. However, an amendment by the Commonwealth to the Northern Territory (Self-Government) Act 1978 subsequently voided the law. Assisted a person in committing suicide is prohibited. Penalties for voluntary active euthanasia or mercy killings vary from 5 years to life imprisonment (the Criminal Code of Western Australia carries the penalty of imprisonment for life for the crime of aiding suicide). Courts have been inconsistent in relation to verdicts about mercy killing crimes with the result that Australian law struggles to clarify its position on voluntary and involuntary active euthanasia and cases are very much decided on a case-by-case basis rather than on a broader policy position. However, Faunce and Townsend report that “there have been no cases of a doctor having been prosecuted for assisting a patient to die in Australia despite numerous studies highlighting the existence of that practice.” The law does permit life‐sustaining treatment to be withheld or withdrawn when a patient is competent or through advance directive when incompetent. The enforcement of advance directives is however inconsistent across jurisdictions. South Australia and the Northern Territory legislation allows advance directives but limits their use to situations of terminal illness and for consent or refusal of specified treatments.
Aabortion

Abortion

74 pts out of 100 / 100,00% complete

74 pts

Abortion and contraception allow women to express their freedom of reproduction by exercising their right of self-determination over their bodies.


Measurement questions

Is abortion lawful to protect woman's life?

Yes

Is abortion lawful to protect woman's physical health?

Yes

Is abortion lawful to protect woman's mental health?

Legal during 1st trimester only

Is abortion lawful in the event the woman was raped?

Legal during 1st trimester only

Is abortion lawful in the event of fetal defects?

Legal during 1st trimester only

Does the law mandate that an abortion is performed at the mere request of a pregnant woman?

Legal during 1st trimester only

Is RU-486 (Mifepristone) approved or registered for use?

Yes and it is available with prescription

Are emergency contraception drugs lawfully available?

Yes, from a pharmacist without requiring a prescription

Are family planning services provided through government-run programs and facilities?

Yes, indirectly

Is spousal notification/permission required?

No

Assisted reproduction

Assisted Reproduction

87 pts out of 100 / 100,00% complete

87 pts

Assisted reproductive technologies (ARTs) are the methods used to achieve pregnancy by artificial or partially artificial means. Access to assisted reproduction concerns our ability to expand our right to health by offering us access to treatment to overcome infertility.


Measurement questions

Is preimplantation genetic diagnosis permissible?

Yes with no restrictions

Is oocyte cryopreservation permissible?

Yes

Is embryo cryopreservation permissible for reproductive purposes?

Yes

Is sperm donation permissible?

Yes

Is oocyte donation permissible?

Yes

Are IVF surrogacy agreements enforceable?

Not mentioned but used

Marital status requirements?

No

Do same-sex couples have access to ART?

Yes

Do single women have access to ART?

Yes

Are there any limits on the number of pre-embryos that can be transferred?

Yes

End Off Life

End of life

40 pts out of 100 / 100,00% complete

40 pts

End of life decisions concern our ability to make choices concerning the end of our lives and take of the form of refusal of life sustaining treatment, being help in committing suicide, choosing euthanasia, and make choices that must be upheld even when the person becomes unconscious. As Young (2010) noted, "People have an interest in making important decisions about their lives in accordance with their own conception of how they want their lives to go."


Measurement questions

Is passive euthanasia lawful?

Legally prohibited

Is active euthanasia lawful?

Legally prohibited

Is physician-assisted suicide lawful?

Legally prohibited

Are advance directives (AD) enforceable?

Yes

Is a physician required to respect a patient's refusal of life-sustaining treatment?

Yes

Research With Embryo

Research with embryos

38 pts out of 100 / 100,00% complete

38 pts

Research with embryos and pre-embryos as well as therapeutic cloning concerns scientists’ freedom to investigate human biology as well as patients’ freedom to access regenerative medicine treatments that may be developed as a result of research with human embryonic stem cells. Since the early 2000s, research with embryos has been at the center of an often-polarized debate about the nature and scope of scientific freedom.


Measurement questions

Is basic research using germline modification in human embryos/gametes permitted?

Only permitted on supernumerary embryos

Is pre-clinical research using germline modification technologies in animals permitted?

Yes

Is clinical research using germline modification technologies in humans permitted?

No

Are clinical applications of research using germline modification technologies (i.e., to initiate a pregnancy with edited embryos or with edited gametes) permitted?

No

GM Crops

GM Crops

80 pts out of 100 / 100,00% complete

80 pts

GM crops have contributed significantly to modern agriculture. Plant breeding using genetic modification techniques has led to improving crops in more targeted ways than classical breeding techniques. GM crops acquire desirable characteristics, including pest and herbicide resistance, enhanced robustness against diseases, drought or water tolerance, and healthier profiles that can enhance nutrition.


Measurement questions

Is research on GMOs permitted in the laboratories?

Yes

Is notification to start research on GMOs in laboratories required?

Yes

Is research on GMOs frequent?

Yes

Are GM crop field trials (the limited release into the environment for research purposes) permitted?

Yes

Is authorization to start a GM crop field trial required?

Yes/prohibited

Are GM crop field trials frequent?

Yes

Is cultivation of GM crops (for commercial purposes) in open field permitted?

Yes

Is authorization to start open field cultivation of GM crops required?

Yes/prohibited

Is open field cultivation of GM crops frequent?

Yes

Can GM crop commodities harvested in other countries be imported?

Yes

Is authorization to import GM crop commodities required?

Yes/prohibited

Is the import of GM crop commoties frequent?

Yes

Right To Science Indicators

Right To Science Indicators


Measurement questions

- Access to benefits

What is the total general government expenditure on education?

13.88

What is the expenditure on tertiary as % of government expenditure on education?

26.54

What is the the percentage of population ages 25 and over that attained or completed a doctoral degree or equivalent?

1.32

What is the percentage of population that uses the Internet?

88.24

What is the quality of math and science education on a scale from 1 to 7 being "excellent"?

4.8

To what extent is the Internet used in schools for learning purposes?

6

What is the scientific literacy of 15-year-old students as measured by the Programme for International Student Assessment (PISA)(mean score)?

510

- Opportunities to participate

Does the law mandate nondiscrimination based on gender in hiring?

Yes

What is the percentage of females employed with advanced degrees out of total employed?

66.8

- Enabling environment

How many scientific and technical journal articles are published each year in physics, biology, chemistry, mathematics, clinical medicine, biomedical research, engineering and technology, and earth and space sciences?

51068.2

What is the percentage of GDP allocated to Research and Development?

2.2

How may published articles have received at least H citations in the period 1996–2014?

63.5

What is the quality of scientific research institutions?

5.7

To what extent do business and universities collaborate on research and development (R&D)?

4.3

What is the average university ranking score of countries based on their top 3 universities?

81.6

To what extent are scientists and engineers available?

4.9

How many professionals are employed as researchers?

9

How many professionals are employed by government as researchers?

8.9

- International cooperation

To what extent are talented people attracted from abroad?

4.7

Recent News about Australia

Australia’s Northern Territory decriminalises abortion

Australia’s Northern Territory has decriminalised abortion as part of wide-ranging reforms on the medical termination of pregnancy. Chief Minister Michael Gunner said the laws bring the territory in line with the rest of Australia. The reforms legalise the use of abortion drugs, such as RU486, up to nine weeks into a pregnancy. They also allow

Voluntary euthanasia: South Australian Parliament knocks back Death With Dignity euthanasia bill

Voluntary euthanasia has been knocked back in South Australian Parliament for the 15th time after a marathon late session in the House of Assembly overnight. Key points: MP’s conscience vote tied at 23 votes for and against Speaker uses casting vote to defeat bill Voluntary euthanasia bills defeated 15 times in SA   The bill

Victoria to debate assisted suicide

The Labor Government of the Australian state of Victoria will introduce legislation into the Parliament next year to legalise assisted suicide. The Labor Party will allow its MPs a conscience vote. Assisted suicide recently failed in the South Australian Parliament, but only after the Speaker cast the deciding vote. Supporters of change have been buoyed up by

Former Australian PM Bob Hawke backs euthanasia

Former Australian Prime Minister Bob Hawke has emerged as a strong supporter of legalised euthanasia. In an interview on ABC Radio, he said that some people were dying in terrible pain and should be able to schedule their own deaths. In his judgement, it is an “inarguable case”: “In my judgement, there’s no moral or

Tasmania’s euthanasia bill fails narrowly

TASMANIA’S lower house has rejected voluntary euthanasia by the narrowest of margins. The private members bill, co-sponsored by Labor Premier Lara Giddings and Greens leader Nick McKim, was defeated 13-11 with Speaker Michael Polley effectively using his casting vote against it. Debate in the 25-member House of Assembly had indicated a 12-12 result after all

Australian abortion law and practice

Abortion is the subject of criminal law in all Australian states and territories, except the Australian Capital Territory. Each state and territory has legislation prohibiting unlawful abortion.  Victoria, South Australia, Western Australia, Tasmania and the Northern Territory have legislation in place that provides a statutory explanation of when an abortion is not unlawful.  In the