Western Australia to change, decriminalise ‘outdated’ abortion laws after critical community feedback study

One state is due to make a major change to “outdated” abortion laws after thousands of residents made their position clear.

Landmark changes to “outdated” and overly harsh abortion laws in Western Australia will be introduced as the state government prepares to introduce a bill to fully decriminalise the medical procedure.

The announcement follows a landmark study of thousands of people indicating an overwhelming support for change.

WA is the only state in the country where abortion remains in the criminal code but the state’s Attorney-General John Quigley said this was likely to change with the introduction of the new bill to parliament.

Western Australia is planning to introduce legislation that would fully decriminalise abortion, ending “outdated” laws in the criminal code that the government claims presents barriers to women looking to access the service. Picture: NCA NewsWire / Luis Enrique Ascu

“The criminal code has no role to play in regulating access to legitimate abortion services and importantly this offence will be repealed,” he said.

Abortion was decriminalised in WA in 1998 and is lawful, provided the process is performed by a medical practitioner in good faith and with reasonable care and skill.

The consultation paper found medical care around abortion had modernised since that time and WA’s legislation was “outdated” and at times posed “unnecessary barriers to the access and provision” of the service.

More than 17,500 people took part in the community consultation organised by the WA government - over 81 per cent of respondents were women.

The study found 69 per cent of people were in favour of reducing the number of health practitioners required to be involved in care from two, to one.

Thousands of people responded to the WA governments' community consultation, indicating major support for changing abortion laws. Picture: NCA NewsWire / Luis Enrique Ascu

The majority of respondents also supported removing mandatory counselling provisions, along with the Ministerial Panel requirement for later-term abortions, and “increasing the gestational age at which requirements apply”.

“Abortion is a critical component of women‘s healthcare, and the Cook Government is working to remove unnecessary restrictions on accessing care in WA,” mental health minister Amber-Jade Sanderson said.

“It is clear that just like the government, the public and medical practitioners recognise that the time has come for change.”

WA mental health minister Amber-Jade Sanderson said the public and medical practitioners recognised the time had come for change. Picture: NCA NewsWire /Philip Gostelow

Mr Quigley had earlier raised issues with WA’s criminal code and how it dealt with the practice.

“The Criminal Code currently raises the risk for medical practitioners and patients that an abortion may be considered a criminal act if certain strict legal requirements are not met,” he said in November last year.

“It is entirely inappropriate that such a crucial healthcare service is dealt with in this way.”

The public feedback is being considered by the state government ahead of introducing legislation to address inequity of access.

The changes would bring WA in line with other Australian jurisdictions and remove clinically unnecessary and antiquated barriers for women accessing an abortion.

Originally published as Western Australia to change, decriminalise ‘outdated’ abortion laws after critical community feedback study