Western Australian Current Acts

PUBLIC HEALTH ACT 2016 - SECT 202ME

202ME .         Performance of abortion by medical practitioner at more than 23 weeks

        (1)         Subject to subsection (5), a medical practitioner (the primary practitioner ) is authorised to perform an abortion on a person who is more than 23 weeks pregnant if —

            (a)         the primary practitioner, after having regard to the matters referred to in subsection (2), reasonably believes that performing the abortion is appropriate in all the circumstances; and

            (b)         the primary practitioner has consulted with at least 1 other medical practitioner who, after having regard to the matters referred to in subsection (2), also reasonably believes that performing the abortion is appropriate in all the circumstances.

        (2)         In considering whether performing an abortion on a person is appropriate in all the circumstances, a medical practitioner must have regard to —

            (a)         all relevant medical circumstances; and

            (b)         the person’s current and future physical, psychological and social circumstances; and

            (c)         the professional standards and guidelines commonly accepted by members of the medical profession that apply to the medical practitioner in relation to the performance of the abortion.

        (3)         Subsection (2) does not limit the matters to which a medical practitioner may have regard in considering whether performing an abortion on a person is appropriate in all the circumstances.

        (4)         For the purposes of subsection (1)(b) —

            (a)         the principal place of practice (as defined in the Health Practitioner Regulation National Law (Western Australia) section 5) of a medical practitioner with whom the primary practitioner consults need not be in Western Australia; and

            (b)         if a medical practitioner with whom the primary practitioner consults does not believe that performing the abortion is appropriate in all the circumstances, this does not prevent the primary practitioner from consulting with another medical practitioner.

        (5)         In an emergency, a medical practitioner is authorised to perform an abortion on a person who is more than 23 weeks pregnant without complying with subsection (1) if the medical practitioner considers it necessary to perform the abortion to save the person’s life or save another foetus.

        [Section 202ME inserted: No. 20 of 2023 s. 8.]