ANTI-ABORTION protesters are forcing women to “walk the gauntlet” as they enter a Melbourne fertility clinic and the local council is doing nothing to stop them, a court has heard.
THE Fertility Control Clinic in East Melbourne is taking the Melbourne City Council to court over claims it failed to address the ongoing nuisance caused by protesters, despite formal complaints.
Protesters from the group Helpers of God’s Precious Infants have harassed women outside the clinic for decades and it is still ongoing, the Supreme Court heard on Wednesday. Peter Hanks QC, representing the clinic, says a complaint to the council in December 2013 was met with a response that it should be sorted out with Victoria Police. He said the council had failed a legal obligation under the Public Health and Wellbeing Act to investigate the claim of nuisance and take appropriate action. Mr Hanks said the clinic provided a number of specialist women’s medical services but pregnancy termination appeared to be the target. Protesters caused a “significant interference” to the rights of women attending the clinic at a difficult time, by harassing them, blocking the footpath and forcing them to “walk the gauntlet”. “There is some evidence that some patients are being discouraged from attending and that can’t be a trivial matter,” he said. The clinic wants the Supreme Court to force Melbourne City Council to issue a prohibition notice, which could include banning the protesters outside the clinic. Justice Michael McDonald said he expects council lawyers to argue the court can’t order a specific remedy, when it was one of several legal options the council had. Justice McDonald also questioned why the clinic wasn’t taking action against the individual protesters, saying they could be served with legal notices outside the clinic if they were there so regularly. A number of protesters sat inside the court during proceedings, including one wearing an anti-abortion slogan T-shirt. The hearing continues.