Victoria Passes Bill Creating Safe Access Zones For Abortion Clinics

Monday 30 November 2015 @ 12.19 p.m. | Legal Research

Last week, the Victorian Parliament passed the Public Health and Wellbeing Amendment (Safe Access Zones) Bill 2015.  The Bill creates 150 metre zones around premises that carry out abortions, and prevents “prohibited behaviour” in these zones which will include harassing, intimidating, and obstructing people accessing or leaving the premises; impeding footpaths, roads and vehicles and recording people accessing or leaving the premises.  The new provisions will be enforceable by police.

Victoria is the second state to pass such legislation, after Tasmania, which has similar 150 metre zones under the Reproductive Health (Access to Terminations) Act 2013 (Tas).

Background to the Bill

The Government Bill follows the introduction earlier this year of  a Private Member’s Bill by Fiona Pattern of the Australian Sex Party on the same issue – the Public Health and Wellbeing Amendment (Safe Access) Bill 2015, which had similar objectives.  A Research Note by the Victorian Parliamentary Library & Information Services notes that the Government bill “differs in a number of significant ways “, including:

  • Safe access zones applicable to “‘premises at which abortions are provided” rather than premises providing reproductive health services
  • More specific “prohibited behaviours”
  • The Government Bill includes penalties of 120 penalty units ($18,200) or 12 months imprisonment as opposed to 500 penalty units ($75,835)
  • The Government Bill also introduces broader police enforcement powers
  • Various “reasonable excuse” defences are also legislated

In a lengthy opinion piece published in The Age, Minister for Health Jill Hennessy explained why she felt the Bill was necessary:

“For too long, women accessing abortion services have been subjected to verbal and psychological abuse, designed to discourage them from accessing abortion services. This abuse has included yelling, holding up images of fetuses, physical intimidation and, on occasions, violence. Women have been filmed entering abortion clinics and recordings published on the internet. This abuse is designed to humiliate and shame women who are accessing a legal and legitimate medical procedure.

Abortion is an issue upon which people hold many different views and a small minority strongly oppose the practice of abortion. I don't agree with those people, but they have a right to express their opposition to abortion. The appropriate place to express that opposition is outside the Parliament and directed at legislators, such as myself, who are elected to make decisions about Victoria's laws with respect to abortion.

It is not appropriate to target women outside abortion providers. These women are accessing a lawful medical service. People have a right to access lawful medical services without having their privacy invaded.”

However, the president of Right to Life Australia, Margaret Tighe, told ABC News the new legislation prevents them exercising their free speech:

“The legislation that has been passed is ludicrous in the extreme installing a 150-metre buffer zone around any place where abortions are carried out, even GP clinics, where RU 486 abortions are procured…  By passing legislation of this kind the Andrews Government believes the abortion issue will go away when the reverse is likely to occur.”

The Bill is currently awaiting assent.  It has a proposed commencement date of 1 July 2016, unless proclaimed earlier.

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