Abortion will be fully decriminalised in Western Australia under long-sought Labor government reforms intended to improve access to safe procedures.
Health Minister Amber-Jade Sanderson on Wednesday introduced legislation to parliament removing abortion from the state’s criminal code and placing it within the Public Health Act.
Currently women can only seek an abortion after 20 weeks in WA if two medical practitioners agree either the mother or foetus has a severe medical condition that justifies the procedure.
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This has led to women being forced to travel interstate to have the procedure carried out safely.
Under the reforms, the gestational time limit for procedures will be increased to 23 weeks and women will be able to self-refer to clinics.
Minister Amber-Jade Sanderson has introduced legislation removing abortion from WA’s criminal code.
Credit: AAP
The bill also scraps a requirement for women seeking later-term abortions to have their cases reviewed by members of an ethics panel.
Labor controls both houses of WA’s parliament, but members will be given a conscience vote on the first update to the state’s abortion laws in 25 years.
Sanderson said it was unacceptable women were facing barriers to abortions.
“Most of them are planned and wanted pregnancies that have just received a devastating diagnosis at the 19 or 20-week scan,” she told reporters.
“The clock is ticking for them to make one of the most difficult decisions they’ll ever have to make.
“This buys them time, and it is a more humane and compassionate approach for those women and their families.”
Keeping pace
Introducing the bill to the Legislative Assembly, Sanderson noted that two doctors had faced criminal charges for conducting an abortion as recently as 1998.
“For many people, it was a stark reminder that abortion remained largely illegal in Western Australia,” she said.
“Groundbreaking” changes were adopted that year after then-Labor MP Cheryl Davenport introduced a private member’s bill from opposition, but since then, WA had failed to keep pace with other jurisdictions.
Davenport said she had faced death threats from members of the public at the time.
“There was some pretty nasty stuff that was thrown at me when I did the legislation,” she told reporters.
“But from my perspective, it was something that had to be done, and I’m not sorry I did it. I’m very proud that I did it.”
Personal healthcare issue
The announcement was applauded by leading non-profit abortion care provider MSI Australia.
“Currently, a woman with an unplanned pregnancy over 20 weeks’ gestation has to travel interstate to access safe, legal abortion care,” managing director Greg Johnson said.
“MSI Australia has supported some of these women with financial and other assistance, but it’s time Western Australia came into line with other states.
“The decision to take abortion out of the criminal code is a clear acknowledgement that abortion is a choice and a personal healthcare issue.”
Premier Roger Cook said the legislation represented a significant and overdue change.
“The introduction of these historic reforms to parliament is a significant moment for women in this state, who deserve fair, equal and timely access to legal medical services,” he said.
Public consultation had found “overwhelming” community support for reform, including among medical practitioners, he said.
It will remain illegal for unqualified people to perform or assist with abortions.
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