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Legislative Council - Fifty-Fourth Parliament, First Session (54-1)
2018-05-29 Daily Xml
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Health Safe Access Zones

The Hon. T.A. FRANKS (15:38): I seek leave to make a brief explanation before addressing a question to the Minister for Health and Wellbeing on the topic of health safe access zones.

Leave granted.

The Hon. T.A. FRANKS: As the health minister—and I imagine many members of this council—would be aware, there has been a trend to health safe access zones (or in the UK they are referred to as health buffer zones) to ensure that those people attending a clinic for reproductive health purposes, or to support someone attending those reproductive health services, enjoy safety, dignity and comfort in access to that health access service.

Around Australia we have seen moves to implement safe access zones in Victoria, the ACT and Tasmania. In previous weeks, a bill in New South Wales passed the upper house and is due to be debated in the lower house in the coming month. That bill provides a protection area of some 150 metres to ensure that those people and their supporters accessing those particular health services in that state will be free of what has been revealed to be harassment and, in fact, violence, in the New South Wales example, when they seek to access those services.

Here in South Australia, we have no such protection zone. I note that each year the 40 Days for Life campaign runs from Ash Wednesday to Palm Sunday, and indeed there are regular protests and visuals outside our reproductive health services in this state. The 40 Days for Life campaign boasts on their website that, since their inception in 2007, they have successfully closed 102 abortion facilities and indeed they boast that they have seen 184 abortion workers quit their jobs.

My question to the Minister for Health and Wellbeing is: what protections are afforded South Australians seeking health services and workers in those health services to ensure they have safe access to health services and a safe employment environment?

The Hon. S.G. WADE (Minister for Health and Wellbeing) (15:40): I thank the honourable member for her question. In terms of the relevant legislation, obviously the member is referring to abortion law, which in South Australia is contained within the Criminal Law Consolidation Act. There are provisions in the Criminal Law Consolidation Act which could have relevance in the context of protesters impeding in a threatening manner persons trying to access medical services, including medical termination services. Of course, that act is not committed to me, but I make that comment.

I note, as the honourable member said, Tasmania, Victoria and the ACT have laws authorising safe access zones around abortion clinics and that similar laws are before the New South Wales parliament. These laws recognise the right of people to access legally available services. However, they do raise issues in relation to freedom of speech. I notice that there are at least two legal challenges to the validity of the laws. The laws under challenge, I understand, are in Victoria and Tasmania, so I'm sure that the Attorney-General would be watching those cases, and this parliament may choose to have the validity of such laws clarified before it considers legislating.

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