Major push to decriminalise formerly contentious issue in WA

Proposed changes to the state’s outdated laws would “remove clinically unnecessary barriers” for women, bringing it in line with the rest of the country.

Sweeping abortion law reforms will be introduced to West Australian parliament this week in what has been touted as a “historic moment for women” in the state.

The Cook government’s proposed reforms of the outdated laws will bring it in line with most other Australian jurisdictions, fully decriminalising abortion.

Premier Roger Cook said the overturning of the Roe v Wade decision in the US brought the issue “into sharp focus”, with abortion still included in WA’s Criminal Code.

“(Our) laws have now fallen way behind in terms of community expectations and in terms of best practice for public health processes,” he said.

Women’s Interests Minister Sue Ellery said she was “confident” the Bill, being introduced to parliament on Wednesday, would pass.

The proposed reforms come after extensive consultation with clinicians and the community. Picture: NCA NewsWire / Luis Enrique Ascui

“We will conduct the debate respectfully and there will be some who have strong views opposing the Bill,” she said.

“They will be able to express their views … and scrutinise the Bill.”

WA’s abortion laws, which have remained unchanged for 25 years, require those seeking an abortion to have a GP referral and to undergo mandatory counselling.

Instead, pregnant women up to 23 weeks will be able to self refer to a clinic or medical practitioner.

While these referral and counselling requirements will be scrapped under the proposed legislation, so too will the requirement for abortions beyond 20 weeks to be authorised by two medical practitioners.

Presently, both of the practitioners in such cases must belong to a statutory panel, appointed by the health minister.

Health Minister Amber-Jade Sanderson said such situations arose in only 1 per cent of abortion cases and the Bill would “remove clinically unnecessary barriers” for women.

Health Minister Amber-Jade Sanderson will introduce the Bill to parliament on Wednesday. Picture: NCA NewsWire /Philip Gostelow

“Most of them are planned and wanted pregnancies that have just received a devastating diagnosis at the 19 or 20 week scan, and the clock is ticking for them to make one of the most difficult decisions that they’ll ever have to make,” she said.

The changes will include abortion in the Public Health Act 2016 that Ms Sanderson said would provide “more certainty for clinicians … and also for the women”.

Under the proposed changes, abortions after 23 weeks will require medical practitioners to consult with another medical practitioner, and both will need to be satisfied the circumstances are appropriate for an abortion to be performed.

The Premier said the state’s abortion laws had ‘fallen way behind’ community expectations. Picture: NCA NewsWire / Luis Enrique Ascui

Former Labor MP and renowned abortion rights champion Cheryl Davenport led the decriminalisation of abortion in 1998.

On Wednesday, she said the proposed legislation would allow more women to have access to safe medical procedures, as women in WA have until now “relied solely on two clinics”.

“It will bring with it the opportunity for us to have more clinics … in both the private and the public sector,” she said.

“It will give access to lower socio-economic women and First Nations women who have great difficulty now when they actually have to pay for late stage terminations to go to the eastern states.”

The proposed changes follow extensive consultation with clinicians and more than 17,500 community members.

The survey found the majority of respondents endorsed the proposed changes.

Ms Sanderson will present the Bill, will be subject to a conscience vote, to parliament on Wednesday.

Originally published as Major push to decriminalise formerly contentious issue in WA