WA Parliament has historic opportunity to improve access to abortion

The Western Australian Parliament has a unique opportunity to demonstrate its commitment to the health and equality of women and all people who experience pregnancy by reforming the state’s outdated abortion laws.

The Cook Government today introduced the Abortion Legislation Reform Bill 2023 into the Lower House. If it passes, the proposed laws will allow patients to decide, in consultation with their healthcare provider, whether to have an abortion up to 23 weeks, after which two doctors would need to be involved in decision-making. The Bill would also remove abortion from the state’s criminal laws, together with harmful legal hurdles to abortion care. Doctors with a conscientious objection to abortion would need to ensure that their patients know where to get help.

Western Australia is the only state yet to fully decriminalise abortion by qualified medical practitioners. While abortion is legal in most circumstances, the use of the criminal law to regulate healthcare stigmatises patients and care providers.

WA’s current laws force patients to see two doctors before being able to access abortion care and mandate counselling in all cases. They also force a small number of women in the distressing and complex situation of needing an abortion after 20 weeks to fly interstate to access care that should be available in WA. These legal requirements are medically unjustified and make it harder for patients, especially those in regional and remote areas and on limited incomes, to get timely and compassionate healthcare.

Adrianne Walters, Acting Legal Director with the Human Rights Law Centre, said:

“Abortion is healthcare. Access to abortion is a human right. We commend Minster Sanderson and the Cook Government for taking this step to improve WA’s abortion laws.”

“WA’s abortion laws have failed to keep up with modern medical practice and community values. The current laws are outdated and include medically unnecessary rules that are barriers to timely abortion care, particularly for women living remotely or without much money.”

“The Bill, if passed, would support better reproductive health outcomes across Western Australia. The removal of barriers, such as mandated counselling, the two-doctor requirement and the medical panel requirement for abortions after 20 weeks, are critical to improving access to care and health outcomes.

“It is beyond time for abortion to be treated like healthcare in law and for the focus to be on the health, dignity and autonomy of patients.”

Read the Human Rights Law Centre’s submission to inform the government's drafting of new abortion laws: Abortion as healthcare in law 

Media contact:
Thomas Feng
Human Rights Law Centre
Media and Communications Manager
0431 285 275
thomas.feng@hrlc.org.au