New abortion legislation reform act

 WA Department of Health update

New abortion laws will come into effect in Western Australia (WA) on 27 March 2024.  Until the new legislation comes into effect, registered health practitioners must continue to comply with the existing legislation.

Introduction of the new laws ensures WA has modernised abortion laws that address inequity of access in line with other Australian jurisdictions and has removed clinically unnecessary barriers for women accessing an abortion.

The amended laws have:

  • reduced the number of registered health practitioners required to be involved in most abortion care from two to one.
  • enabled prescribing practitioners (nurse practitioners and endorsed midwives) to prescribe the medical abortion medicine (MS-2 Step) within their scope of practice and training.
  • abolished the Ministerial Panel approval requirement for late abortions.
  • abolished the mandatory counselling provision.
  • abolished the requirement for Ministerial approval for a health service to be approved for the performance of late abortions.
  • increased the gestational limit at which an abortion may be performed without additional requirements from less than 20 to 23 weeks to better reflect current clinical practice.
  • removed abortion from the Criminal Code Act Compilation Act 1913 (Criminal Code); however, it will remain an offence for an ‘unqualified person’ to perform or assist with an abortion

GPs will have access to several resources to assist with the transition to the new legislation. For more information, visit the WA Department of Health website.