WA abortion reform

KEY PROJECT | Reproductive Freedoms

For years, the Human Rights Law Centre has been fighting to ensure abortion is treated as healthcare and wiped from the criminal laws of every state and territory around Australia. In September 2023, we reached this critical milestone with the passing of new abortion laws in Western Australia. Abortion by doctors has now been decriminalised and replaced by health-focused laws in each state and territory of Australia.

Western Australia’s new laws will finally see abortion treated like healthcare in law, including by:

• allowing patients to decide whether to have an abortion up to 23 weeks gestation in consultation with their healthcare provider, after which two doctors would need to be involved in decision-making;  

• requiring doctors with a conscientious objection to respect their patient’s right to healthcare; and

• removing abortion from the state’s Criminal Code, together with harmful legal barriers to timely abortion care, such as mandatory counselling and needing multiple doctors' approval.

This moment was achieved through generations of protest and advocacy from organisations and individuals around Australia. We worked closely with many incredible community advocates, doctors, nurses, social workers, lawyers and politicians, and heard many brave women tell their stories. This win for reproductive freedom is a testament to their determination and to collaborative action.