WA abortion bill a historic opportunity to improve reproductive health outcomes

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its commitment to the health and equality of women and all people who experience pregnancy by bringing the state’s outdated abortion laws into line with other Australian states and territories.  

Today debate will begin on the Cook Government’s Abortion Legislation Reform Bill 2023 in the Lower House. If it passes, the proposed laws will see abortion treated like healthcare in law, including by:  

  • 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  

  • 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   

Western Australia’s abortion laws have not kept up with community values and modern medical practice. It is the only state yet to fully decriminalise abortion by medical practitioners. While abortion is legal in most circumstances, the use of the criminal law to regulate healthcare stigmatises patients and care providers.   

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

“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.” 

“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 include medically unnecessary rules that are barriers to timely abortion care, particularly for people living remotely or without much money. It is unacceptable that some women in distressing situations are being forced to fly interstate for healthcare they should be able to access in WA.”   

“The Bill, if passed, would support better reproductive health outcomes across Western Australia. The removal of barriers, such as mandated counselling, medical panels and multiple GP referrals, are critical to improving access to care.”  

Read the Human Rights Law Centre’s explainer: Abortion Legislation Reform Bill 2023  

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: michelle.bennett@hrlc.org.au 0419 100 519