Abortion Legislation Reform Bill 2023

Prior to the implementation of the Abortion Legislation Reform Bill 2023 (current)

• Abortion is still regulated under the WA Criminal Code.
• People seeking abortion need to obtain a doctor’s referral to an abortion service provider.
• People accessing an abortion are required to receive counselling on the medical risk of termination of pregnancy and of carrying the pregnancy to term by a medical practitioner other than the one performing the procedure.
• Clinicians can refuse to refer or assist people seeking abortion care on the basis of conscientious objection to abortion.
• Pregnant people can access an abortion up to 20 weeks gestation without additional restrictions.
• People seeking an abortion after 20 weeks’ gestation need to obtain a referral from their medical practitioner and be approved by two doctors appointed to a Ministerial panel.
• Doctors with appropriate qualifications and training can provide medical abortions.
• A mature minor seeking abortion care must either inform a parent or guardian or apply to the Children’s Court for permission not to inform a parent or guardian.

After the implementation of the Abortion Legislation Reform Bill 2023 (March/April 2024)

• Abortion is fully decriminalised and regulated under the WA Health Act, with the exception of an offence provision governing the performance of an abortion by an unqualified person.
• No health practitioners other than the one providing the procedure is required to be involved in abortion care.
• People are not required to receive counselling prior to accessing an abortion.
• Clinicians with a conscientious objection to abortion are required to immediately disclose their objection, transfer care to a health practitioner or facility that they reasonably believe can provide abortion services or provide information approved by the Chief Health Officer to enable access to treatment elsewhere. They must also provide abortion care in an emergency. Students in a relevant health profession who conscientiously object to abortion must disclose their conscientious objection to abortion to their supervising person immediately after the supervising person asks them to assist in the performance of an abortion on a person.
• Pregnant people can access an abortion up to 23 weeks gestation without additional restrictions.
• A Primary medical practitioner is authorised to perform an abortion for a patient with a fetus of gestational age of more than 23 weeks if they reasonably believe that performing the abortion is appropriate in all the circumstances and have consulted with at least one other medical practitioner who also holds that reasonable belief.
• Any healthcare practitioner with appropriate qualifications and training can provide medical abortions.
• The competence of a person under 16 years seeking an abortion can be determined by their health practitioner without the involvement of any other parties. A mature minor can consent to their own medical treatment, the same as an adult, provided they have been deemed capable of doing so.