Western Australia’s abortion reforms a historic win for reproductive freedom across Australia

The Human Rights Law Centre welcomes the passing of new abortion laws in Western Australia. Abortion by doctors has now been decriminalised and replaced by health-focused laws in each state and territory of Australia.

The Cook Government’s Abortion Legislation Reform Bill 2023 passed the WA Parliament last night. The new laws will finally see abortion treated like healthcare in law, including by:

  • allowing patients to decide whether to have an abortion up to 23 weeks gestation in consultation with their healthcare provider, after which two doctors would need to be involved in decision-making  

  • requiring doctors with a conscientious objection to respect their patient’s right to healthcare

  • removing abortion from the state’s Criminal Code, together with harmful legal barriers to timely abortion care, such as mandatory counselling and needing multiple doctors' approval

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

“We commend Minster Sanderson and the Cook Government for their commitment to the health and equality of women and all people who experience pregnancy by bringing WA’s abortion laws into line with modern community values and clinical practice.

“Abortion is healthcare and access to abortion is a human right. Now that right is better protected in Western Australia.

“The changes will support better reproductive health outcomes across WA. The removal of barriers, such as mandated counselling, medical panels and multiple GP referrals, are critical to improving timely access to care. New rules that require objecting doctors to ensure their patients know where to go to get help and that support nurse-led care are also very welcome.

“This moment is also a historic win for reproductive rights nationally – abortion by doctors is now decriminalised across all Australian states and territories. This landmark achievement is a testament to the tireless determination of generations of women, community advocates and dedicated health professionals across the country.

“There remains much to be done to ensure that every person can access abortion care regardless of where they live or how much money they have. But it is a huge relief to know that abortion will be treated as healthcare in laws across the country, with the focus rightly being on the health, dignity and autonomy of patients.”

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