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Abortion laws vary across Australia, with each state and territory having its own criminal code relating to abortion. In Western Australia, abortion was decriminalized in 2024, allowing women across the state improved access to equitable healthcare. Before this, abortion was legal in Western Australia since May 1998, when abortions became legal on request (with a referral from a doctor) up to 20 weeks of pregnancy.
| Characteristics | Values |
|---|---|
| Abortion law | Based on the Victorian Crimes Act, as interpreted by the Menhennitt ruling in 1969 |
| Abortion legality | Legal on request with a referral from a doctor up to 20 weeks of pregnancy |
| Abortion after 20 weeks of pregnancy | Only allowed if the foetus is likely to be born with severe medical problems |
| Abortion-related violence | Rare |
| Safe access zones | 50m |
| Parental consent | Not required |
| Notification to sexual partner | Not required |
| Waiting periods | None |
| Abortion funding | Partially funded under the federal government public health scheme, Medicare, or by private healthcare insurers |
| Abortion decriminalisation | Decriminalised in 2024 |
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What You'll Learn
Abortion law in Western Australia was updated in 2024
Previously, abortion law in Western Australia was based on the Victorian Crimes Act, as interpreted by the Menhennitt ruling in 1969. Under this ruling, abortions were only legal if necessary to protect the woman's life or health from serious danger that would result from continuing the pregnancy. From May 1998, abortions became legal on request in Western Australia up to 20 weeks of pregnancy, provided a doctor's referral and counselling by a separate medical practitioner were obtained. After 20 weeks of pregnancy, abortions were only permitted if the foetus was likely to be born with severe medical problems.
The updated abortion laws in Western Australia address the issue of criminalised abortion, which was seen as undermining a person's dignity, autonomy, decision-making, and right to healthcare. The reforms are designed to reduce barriers to accessing abortion services and ensure that abortion care is recognised as a critical aspect of healthcare for women.
While each state and territory in Australia has its own criminal code relating to child destruction, abortion access and care are now decriminalised across the country. This means that a person who consents to, assists in, or performs an abortion on themselves does not commit an offence. Abortion services can be provided by qualified medical practitioners, including doctors, nurses, and pharmacists, within approved medical facilities.
In addition to Western Australia, abortion is legal in other Australian states and territories, such as New South Wales, Queensland, South Australia, Victoria, and the Australian Capital Territory, with varying gestation limits and regulations.
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Abortion is decriminalised in Western Australia
Previously, abortion law in Western Australia was based on the Victorian Crimes Act, as interpreted by the Menhennitt ruling in 1969. Under this ruling, abortions were only legal if necessary to protect the woman's life or health. In May 1998, abortions became legal on request (with a doctor's referral) up to 20 weeks of pregnancy, though subject to counselling. After 20 weeks, abortions were only permitted if the foetus was likely to be born with severe medical problems.
The new laws in Western Australia have several key provisions. Firstly, they reduce the number of health practitioners required to be involved in most abortions from two to one. This means that nurse practitioners and endorsed midwives can now prescribe abortion drugs within their scope of practice. Secondly, the laws remove clinically unnecessary barriers for women, such as the requirement for counselling by a medical practitioner other than the one performing the abortion. Finally, the laws reflect the recognition that abortion care is part of everyday healthcare for women, cementing access to equitable healthcare services.
While abortion is now decriminalised in Western Australia, references to abortion care may still remain in criminal codes. Additionally, abortion services are not equally accessible across the state, with women in rural and remote areas facing barriers to access. However, advancements in technology have allowed telehealth to become a pivotal mode for providing abortion services, improving access for women in these areas.
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Abortion access in rural Western Australia
The new laws in Western Australia bring the state in line with other Australian jurisdictions. They reduce the number of health practitioners required for most abortions from two to one and allow nurse practitioners and endorsed midwives to prescribe abortion drugs within their scope of practice. This is expected to improve access to abortion services for women in rural and remote areas of Western Australia.
Previously, women in rural Western Australia faced barriers in accessing abortion services. A 2020 report by the Western Australian Department of Health found that 70% of people approved of safe access zones. However, some hospitals within rural communities in Western Australia denied women access to abortion through self-imposed regulations, forcing women to travel long distances to cities like Sydney or Canberra to access abortion services.
With advancements in technology, telehealth has become an important mode of providing abortion services across Australia, including rural and remote areas. Telehealth allows women in these regions to access safe and legal abortion services without having to physically attend a healthcare facility. This can be particularly beneficial for those in rural Western Australia, improving their access to abortion care and reducing the need to travel long distances.
While the new laws in Western Australia have improved access to abortion services in rural areas, there may still be challenges in terms of availability and accessibility of services. The availability of qualified health practitioners who can provide abortions and the potential need to travel to access services in certain regions may be factors that can influence access for women in rural Western Australia. Nonetheless, the decriminalisation of abortion and the removal of unnecessary barriers are significant steps towards improving abortion access in these regions.
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Abortion care and consent in Western Australia
In the past, abortion laws in Western Australia were based on the Victorian Crimes Act, as interpreted by the Menhennitt ruling in 1969. This ruling allowed abortions only when necessary to protect the woman's life or health from serious danger beyond the typical risks of pregnancy and childbirth. However, in May 1998, Western Australia legalised abortions on request (with a doctor's referral) up to 20 weeks of pregnancy, subject to counselling. After 20 weeks, abortions were permitted only if severe foetal medical problems were likely, requiring confirmation by a medical practitioner other than the one performing the abortion.
The Western Australian government's recent abortion reforms have further improved access to abortion services for women across the state. These reforms have reduced the number of health practitioners required for most abortions from two to one, enabling women to obtain abortions more efficiently and reducing potential delays in their healthcare. Additionally, the new laws authorise nurse practitioners and endorsed midwives to prescribe abortion medications within their scope of practice, expanding the pool of healthcare providers who can offer abortion care.
In Western Australia, informed consent is an essential aspect of abortion care. Informed consent means that individuals seeking abortion have full access to relevant health information, understand the consequences of their decision, can consider all options, and make their own choices. Consent must be granted freely and without coercion, and individuals have the right to delay or withdraw their consent at any time. This consent is a critical component of recognising abortion as a healthcare decision, ensuring that individuals have autonomy over their bodies and medical choices.
While abortion care and consent have made significant progress in Western Australia, some challenges remain. Abortion-related violence, although rare in Australia, has occurred, with a notable incident in 2001 perpetrated by an anti-abortion activist. Additionally, data on abortions in Western Australia is limited, with only unpublished estimates suggesting a rate of 19.4 terminations per 1000 women aged 15-44. Nonetheless, the recent reforms indicate a commitment to improving access to abortion care and ensuring that women across Western Australia can make informed choices regarding their reproductive health.
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Abortion violence in Western Australia
Abortion-related violence is rare in Australia. However, Western Australia has witnessed a few instances of such violence. The first serious attack and murder by an anti-abortion activist occurred in 2001, perpetrated by Peter Knight. Knight forced his way into a Melbourne clinic carrying a rifle, kerosene, and equipment to lock the doors. He intended to murder everyone in the building but was overpowered after killing a security guard. Knight was convicted of murder and sentenced to life imprisonment.
In January 2009, a firebombing using Molotov cocktails was attempted at a medical clinic in Mosman Park, Western Australia. The damage was minimal, resulting only in smashed windows and blackened external walls.
Western Australia has also seen anti-abortion protesters intimidate patients at abortion clinics, even during the height of the COVID-19 pandemic, despite social distancing guidelines. In response, Western Australia enacted laws in 2021 to prohibit protesters from harassing visitors and staff within a certain radius of abortion clinics, with safe access zones of 150m around termination services.
Abortion laws in Western Australia differ from those in other states and territories. While abortion has been fully decriminalised in most parts of Australia, Western Australia is still regulated by the Criminal Code. Abortions in Western Australia became legal in May 1998, allowing abortions on request (with a doctor's referral) up to 20 weeks of pregnancy, subject to counselling. After 20 weeks, abortions are permitted only if the foetus is likely to have severe medical problems, which must be confirmed by two independently appointed doctors.
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Frequently asked questions
Abortion is legal in Western Australia. As of 2024, new abortion laws have been implemented, decriminalising abortion and improving access to healthcare for women across the state.
Prior to the new laws, Western Australia was the only state in Australia where references to abortion care were included in criminal codes. Abortion was legal on request with a referral from a doctor up to 20 weeks of pregnancy. After 20 weeks, abortions were only performed if the foetus was likely to be born with severe medical problems.
The new laws reduce the number of health practitioners required for most abortions from two to one, allowing nurse practitioners and endorsed midwives to prescribe abortion drugs. Abortion is now decriminalised in Western Australia, bringing it in line with other Australian jurisdictions.
Safe access zones are areas around termination services where protesters are prohibited from harassing visitors and staff. In Western Australia, a 2020 report found that 70% of people approved of these safe access zones.
Abortion can be performed by a medical practitioner (doctor) and must be carried out within an approved medical facility. The procedure is partially funded under the federal government public health scheme, Medicare, or by private healthcare insurers. No waiting periods are imposed, and no parental consent is required for minors.
