The Victorian Supreme Court has ruled the City of Melbourne wasn’t at fault for failing to move on protesters outside the East Melbourne Fertility Control Clinic.
From Monday to Saturday outside the clinic, religious anti-abortion protesters picket the front entrance, harrassing staff and inpatients.
Last year, the clinic sued the City of Melbourne for failing to move the protesters on, declaring staff and patients should be free from harassment under public health laws.
As a result of the judgement on Wednesday, the protesters will be free to continue picketing outside clinic.
An anti-abortion protester hands a pamphlet to a driver outside the clinic.
Photo – Finbar O’Mallon
Judge Michael McDonald’s decision boiled down to if the council had the legal jurisdiction to define the protesters as a ‘nuisance’ and to resolve the matter itself.
This jurisdiction is granted to local government by the Public Health and Wellbeing Act 2008, which states, “A council has a duty to remedy as far as is reasonably possible all nuisances existing in its municipal district.”
While the court ruled the council acted inside its jurisdiction by declaring the protesters a nuisance and making a decision to resolve the matter, he said he did not believe the council resolved it in the correct manner.
“For too long, women have had to walk the gauntlet just to see their doctor, just to access terminations; lawful health services provided in this state.”
The council referred the clinic to the Victoria Police, which the court ruled they were wrong to do, and suggested the matter be settled between the clinic and the council.
This was declared a partial victory by Katie Robertson from Maurice Blackburn, part of the legal team working pro-bono on behalf of the clinic, alongside the Human Rights Law Centre.
“Obviously, however, we are disappointed that his honour has decided not to make a [sic] order compelling the council to act in this particularly instance,” Robertson said outside the court.
Emily Howie, director for advocacy at the Human Rights Centre, said: “For too long, women have had to walk the gauntlet just to see their doctor, just to access terminations; lawful health services provided in this state.”
Dr Susan Alanson, from the clinic, accompanied Robertson and Howie. All three pointed to Sex Party MP Fiona Patten’s bill to create a 150-metre anti-protester buffer zone around the clinic to stop protesters. A similar system is already implemented in Tasmania.
Liberal MP Bernie Finn leads the ‘March for the Babies’, an anti-abortion rally, in October 2014.
Photo – Finbar O’Mallon
Howie called for more legal reform to ensure there were clearer laws to deal with the protesters.
Also speaking outside the clinic was Jeremy, a member of the Helpers of God’s Precious Infants (HGPI), the main anti-abortion group picketing outside the clinic.
He said the court’s decision vindicated his group and denied protesters had harassed inpatients.
Last year, City Journal witnessed several of the members attempt to hand pamphlets to inpatients and passers-by.
One member of HGPI yelled “Don’t kill your baby!” to one woman, another reached into a car which had pulled up outside the clinic to hand a pamphlet to the driver who had not requested it.
Every fourth Saturday of the month, a procession of anti-abortionists march from St Patrick’s Cathedral with a statue of Jesus and Mary to pray and kneel outside the clinic.
Judge McDonald allowed the clinic to submit notions on how they wish to settle the matter with the council on September 2.
Anti-abortion group members with a statue of Mary and Jesus pray outside the clinic.
Photo – Finbar O’Mallon
