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Abortion Legislation Reform Act 2023

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Abortion Legislation Reform Act 2023
Parliament of Western Australia
  • An Act —
    • to amend The Criminal Code to remove offences related to abortion; and
    • to amend the Public Health Act 2016 to regulate the performance of abortion by registered health practitioners and prohibit the

    performance of abortion by certain persons; and

    • to make consequential and related amendments to other Acts; and
    • for related purposes
CitationNo. 20 of 2023
Considered byLegislative Assembly of Western Australia
Considered byLegislative Council of Western Australia
Royal assent27 September 2023
Commenced27 March 2024
Legislative history
First chamber: Legislative Assembly of Western Australia
First reading21 June 2023
Second reading15 August 2023
Third reading17 August 2023
Second chamber: Legislative Council of Western Australia
First reading17 August 2023
Second reading17 August 2023
Third reading31 August 2023
Status: Current legislation

The Abortion Legislation Reform Act 2023 is an act of the Parliament of Western Australia relating to the decriminalisation of abortion.

Background

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At the time the legislation was passed, Western Australia was the last state where abortion remained under the criminal code.[1]

Provisions

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The act includes provisions to:[2]

  • remove the need for patients to be referred for an abortion by a dcotor
  • remove the need for obligatory counselling
  • put doctors who conscientiously object to abortion under an "obligation to refer" the patient to a doctor who has no conscientious objection
  • transfer abortion to being a healthcare matter

Late term abortions are reclassified from being from 20 weeks' gestation to being from 23 weeks' gestation.[3] The legislation does not include restrictions on sex-selective abortions.[4]

Reception

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The legislation was praised by MSI Australia, who said "The changes better recognise and respect the bodily autonomy of women."[5]

References

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  1. ^ Shepherd, Tory (27 June 2022). "Explainer: Is abortion legal in Australia and what are the laws in each state?". The Guardian. Archived from the original on 28 June 2022. Retrieved 12 July 2025.
  2. ^ Bourke, Keane (21 June 2023). "WA's abortion laws are set for a major overhaul. Here's everything you need to know". ABC News. Archived from the original on 8 August 2023. Retrieved 12 July 2025.
  3. ^ Bourke, Keane (20 September 2023). "Landmark reforms to WA's abortion laws pass state parliament". ABC News. Archived from the original on 27 September 2023. Retrieved 12 July 2025.
  4. ^ Bunch, Aaron; Hastie, Hamish (21 September 2023). "Abortion decriminalised in WA under sweeping reforms". WA Today. Archived from the original on 30 November 2023. Retrieved 12 July 2025.
  5. ^ "WA becomes the final state to decriminalise abortion, as premier praises change". SBS News. 28 March 2024. Archived from the original on 20 May 2025. Retrieved 12 July 2025.