The sun is setting on archaic abortion laws in the West
In today’s analysis, Megan Elias discusses the impact of recent reforms to abortion law in Western Australia. Megan is a women’s and sexual health professional based in Boorloo, working across government and the not-for-profit sector. Megan is WA representative and Secretary for the Australian Women’s Health Network (@AusWomensHealth).
In 1998, on the back of sustained advocacy by passionate, committed women and supporters, Western Australia (WA) was the first jurisdiction in Australia to effectively legalise abortion. Since then there has been little change to abortion law in WA, with the state currently having some of the most restrictive laws in Australia.
On 20 November 2022, the Western Australian Government released the Abortion Legislation – Proposal for reform in Western Australia Discussion Paper for community consultation. The proposed legislative amendments aim to improve access to safe and timely abortion care in WA by reducing barriers to healthcare access and streamlining care pathways, and align WA with laws in other jurisdictions.
The proposed changes include full decriminalisation, increasing the gestational limit from 20 weeks to 24 weeks, removing mandatory counselling, removing the requirement for two medical practitioners to be involved before a person can have an abortion, and requiring health practitioners who conscientiously object to refer the patient to another health practitioner who is willing and able to provide abortion care.
Health practitioners in WA face unique barriers to providing abortion care. Photo by JESHOOTS.COM on Unsplash
The four-week community consultation period was an invaluable opportunity for Western Australians who have lived experience of abortion, women, healthcare providers and the broader community to have their voices heard. The potential for WA to make significant reform has brought renewed energy to advocacy efforts. It has drawn attention to an essential women’s health and human rights issue that is too often dismissed as a concern of the past. The consultation has highlighted the continuing barriers and inequity that people seeking abortion care in WA face, especially those in regional and remote areas.
The current legislation means patients and health practitioners in WA face unique challenges in accessing and providing abortion services. The legislative changes proposed will assist with reducing some of the challenges that face people seeking abortion and health practitioners in WA. They are an important step towards ensuring safe, timely and equitable access to essential healthcare for people throughout the state.
However, law reform is not the panacea for all barriers to equitable access to compassionate abortion care.
We know that people seeking abortion care face barriers beyond those that can be addressed through legislation alone. Abortion costs, both direct costs like service fees and indirect costs like travel, care for children and time off work, can total from hundreds to thousands of dollars and directly impede abortion access.
Like in other jurisdictions, fundamental service access issues are a significant barrier. There are areas in WA where there may be no available registered prescriber or dispenser of medical termination of pregnancy medication. Some lack access to ultrasound and other medical facilities. Others only have healthcare providers or services that are conscientious objectors. These service access issues are compounded by a chronic shortage of primary care providers.
Women face barriers to accessing information about abortion. Photo by Firmbee.com on Unsplash
Information is central. In various parts of the state an absence of accessible information and community and health practitioner knowledge is glaring. This includes information about options, gestational limits for medical termination of pregnancy, and abortion care pathways. The lack of accessible information restricts choice for pregnancy termination and acts as an additional barrier to accessing care.
It has been encouraging to see that the consultation questions explore barriers outside those solely within the realm of legislation. If we are to make meaningful strides towards equitable access to compassionate abortion care in WA, law reform is step one. It must be followed by action to address other barriers to access.
We must continue state and national advocacy on important areas for action like workforce training and capacity building, cost, reducing stigma, and improving public system access.
Access to abortion is a human right, an essential part of healthcare and a fundamental for gender equity. There is a palpable sense that it is an exciting time for change and a genuine opportunity for the community to have their voices heard, not only in WA but across the country.
The winds of change are here. With the Senate Inquiry into the universal access to reproductive healthcare, the recent announcement of the National Women’s Health Advisory Council and the potential for renewed commitment to implementation of the National Women’s Health Strategy 2020-2030 there are opportunities ahead for meaningful reform.
Abortion is healthcare. It is inevitable that 2023 will be the year we see sexual and reproductive health reforms, in WA and beyond.
This post is part of the Women's Policy Action Tank initiative to analyse government policy using a gendered lens. View our other policy analysis pieces here.
Posted by @PNagorcka-Smith