Modernised abortion laws for Western Australian women

  • Cook Government passes modern abortion laws through WA Parliament
  • Historic reform fully decriminalises abortion with the Criminal Code offence repealed
  • New laws will improve healthcare for Western Australian women

Contemporary abortion laws today passed the Western Australian Parliament, marking a significant day for women in the State.

The Acts Amendment (Abortion) Bill 1998was ground-breaking at the time, and today in 2023, the Cook Government’s contemporary reforms will ensure Western Australia has modernised abortion laws.

The new laws address inequity of access in line with other Australian jurisdictions and have removed clinically unnecessary barriers for women accessing an abortion.

The modernised laws have reduced the number of health practitioners required to be involved in most abortion care from two to one, abolished the Ministerial Panel requirement for later-term abortions, the mandatory counselling provision, and the requirement for Ministerial approval for a health service to perform late abortion.

The new laws allow health practitioners to conscientiously object, but they are required to transfer the patient’s care or provide information on where to access that care. The gestational limit at which additional requirements apply has been amended from 20 to 23 weeks to best reflect current clinical practice and better align WA with other jurisdictions.

Abortion has been removed from the Criminal Code, however, it will still remain an offence for an ‘unqualified person’ to perform or assist with an abortion.

As stated by Premier Roger Cook:

“It is clear that the community and Western Australian women want these reforms, and I am proud that my Government is delivering them.

“I’d like to thank the broader WA community, as well as the medical community, for assisting us with this important reform.

“The Acts Amendment (Abortion) Bill 1998was ground-breaking at that time and today in 2023 my Government’s contemporary reforms will ensure that our State has modern laws that reflect the society we live in.”

As stated by Health Minister Amber-Jade Sanderson:

“Safe and accessible abortion is important and historic reform, and today is a significant day for Western Australian women.

“Abortion care has been treated differently for too long when in fact it is legal and safe mainstream healthcare for women. This legislation will significantly improve access to abortion care for regional women.

“With the passing on this bill today the Cook Government has taken a big step forward in addressing this inequity.”

As stated by Attorney General John Quigley:

“There is no place for legitimate abortion services in the Criminal Code.

“WA has removed abortion from the Criminal Code, however, it will still remain an offence for an ‘unqualified person’ to perform an abortion.”

As stated by Women’s Interests Minister Sue Ellery:

“This is a historic moment for women. I’d like to thank the Western Australian community for its overwhelming support for this Government to make critical changes to our abortion laws.

“Reproductive rights are a basic human right and women expect and have a right to make decisions over their bodies and it’s a right we are fiercely protecting.

“These modernised abortion laws will ensure Western Australian women have better access to this important component of women’s healthcare.”

/Public Release. View in full here.