- Cook Government introduces proposed reforms to
Western Australia's outdated abortion laws
- The Bill's introduction comes after public
consultation found community and health professional support for reform
- Abortion will be fully decriminalised with the
Criminal Code offence to be repealed
- Proposed new laws will improve healthcare for
women
The Cook Government has today introduced contemporary abortion laws to the
Western Australian Parliament, following public consultation that found
overwhelming community and medical practitioner support for change.
Abortion
laws in WA have remained unchanged for 25 years and today marks a significant
day for women in the State.
The
Cook Government will include abortion in the Public Health Act 2016 and
remove it from the Criminal Code, to better reflect the fact that abortion care
is part of everyday health care for women.
The
Bill will address inequity of access in line with other Australian
jurisdictions and remove clinically unnecessary barriers for women accessing an
abortion. It will also:
- Reduce the number of health practitioners
required to be involved in care from two to one;
- Abolish the Ministerial Panel requirement for
later-term abortions;
- Allow health practitioners to conscientiously
object but be required to transfer the patient's care or provide information on
where to access that care;
- Remove mandatory counselling provisions; and
- Remove the requirement for Ministerial approval
for a health service to perform late abortions.
During
public consultation late last year, both health professionals and the community
were in support of increasing the gestational age, with key health stakeholders
unanimous in their support to increase the gestational limit from 20 weeks.
It was determined that
increasing the gestational limit to 23 weeks would best reflect current
clinical practice. This will align WA with other jurisdictions.
More
than 17,500 survey responses were received during the consultation period, more
than 91 per cent of whom are WA residents. More than 81 per cent of respondents
were women.
The
survey responses identified overwhelming support for a range of abortion
amendments.
Abortion
will be fully decriminalised, with the Criminal Code offence to be repealed, but
it will still remain an offence for an 'unqualified person' to perform or
assist with an abortion.
Comments attributed to Premier Roger Cook:
"WA's
abortion laws are outdated and no longer meet the needs of Western Australians.
"It
is unacceptable that WA women face greater barriers in accessing what is a
critical health care service, and the extensive consultation undertaken confirms
that health professionals and the public overwhelmingly agree.
"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."
Comments attributed to Health Minister
Amber-Jade Sanderson:
"Today is a significant day for women in
Western Australia, with the introduction of modernised abortion laws to State
Parliament.
"Safe and accessible abortion is an important
and historic reform, and I look forward to delivering this for Western Australian
women.
"It
can be particularly difficult for women in regional and remote WA where access
to primary care providers is limited and where access to care is time critical
and I look forward to fixing this inequity."
Comments attributed to Attorney General
John Quigley:
"The Criminal Code has no role to play in
regulating access to legitimate abortion services.
"While the offence for an
'unqualified person' to perform or assist with an abortion will remain, the
other amendments complete the decriminalisation of abortion, aligning WA with
other jurisdictions."
Comments attributed to Women's Interests
Minister Sue Ellery:
"I'm proud to be part of a Government that is
modernising Western Australia's outdated abortion laws.
"Women in this State have a right to make
decisions over their bodies. These laws will enable women to make those
decisions with dignity.
"Abortion is a critical component of women's
healthcare and no woman should be forced to travel interstate or risk her own
health because she can't access an abortion."
