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You can find the current article at its original source at http://www.theguardian.com/australia-news/2015/aug/26/victorian-court-rules-city-council-not-at-fault-over-anti-abortion-protests
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| Melbourne city council cleared of failing to protect women from anti-abortion protesters | Melbourne city council cleared of failing to protect women from anti-abortion protesters |
| (35 minutes later) | |
| Melbourne city council did not fail in its duty of care or breach Victorian law by allowing anti-abortion protesters to harass women attending the East Melbourne fertility clinic, a court has ruled. | Melbourne city council did not fail in its duty of care or breach Victorian law by allowing anti-abortion protesters to harass women attending the East Melbourne fertility clinic, a court has ruled. |
| In June Melbourne’s supreme court heard that for the past two decades women attending the clinic for medical treatment had been targeted by protesters from the group Helpers of God’s Precious Infants. | In June Melbourne’s supreme court heard that for the past two decades women attending the clinic for medical treatment had been targeted by protesters from the group Helpers of God’s Precious Infants. |
| Related: Women delay treatment at abortion clinic because of harassment, court told | Related: Women delay treatment at abortion clinic because of harassment, court told |
| The clinic took action against the council for what it alleged was a failure to stop clinic patients and staff being harassed, alleging it had breached the state’s Public Health and Wellbeing Act. | |
| Handing down his judgment on Wednesday morning, Justice Michael McDonald said there was “no actual or constructive failure by the council” to meet its obligations under the act. | Handing down his judgment on Wednesday morning, Justice Michael McDonald said there was “no actual or constructive failure by the council” to meet its obligations under the act. |
| The clinic had contended the protesters met the definition of “nuisance” under the act, and council had failed to exercise its powers in dealing with such nuisances. | The clinic had contended the protesters met the definition of “nuisance” under the act, and council had failed to exercise its powers in dealing with such nuisances. |
| After the judgment the practice manager of East Melbourne Fertility Clinic, Janice Nugent, told Guardian Australia she felt “extremely disappointed”. | After the judgment the practice manager of East Melbourne Fertility Clinic, Janice Nugent, told Guardian Australia she felt “extremely disappointed”. |
| She has worked at the clinic on and off for almost two decades, and protesters had targeted women and staff that entire time. | She has worked at the clinic on and off for almost two decades, and protesters had targeted women and staff that entire time. |
| “Patient are being harassed every single day of the week,” she said. | “Patient are being harassed every single day of the week,” she said. |
| “I just can’t understand why it’s been allowed to go on. It just makes it all the more important that government legislation is now changed, and a bill goes through parliament to allow all women safe access to reproductive health services.” | “I just can’t understand why it’s been allowed to go on. It just makes it all the more important that government legislation is now changed, and a bill goes through parliament to allow all women safe access to reproductive health services.” |
| Guardian Australia has asked Victoria’s attorney general, Martin Pakula, for comment. | Guardian Australia has asked Victoria’s attorney general, Martin Pakula, for comment. |
| In June Pakula said he could not say whether the Labor government would support exclusion zones at abortion and fertility clinics similar to those implemented in Tasmania because a judgment had not been handed down. | In June Pakula said he could not say whether the Labor government would support exclusion zones at abortion and fertility clinics similar to those implemented in Tasmania because a judgment had not been handed down. |
| The Human Rights Law Centre’s director of advocacy and research, Emily Howie, said there were some aspects of the judgment in favour of the clinic. | The Human Rights Law Centre’s director of advocacy and research, Emily Howie, said there were some aspects of the judgment in favour of the clinic. |
| McDonald found the council had made a mistake in the way it dealt with one particular complaint brought to it by the clinic. | McDonald found the council had made a mistake in the way it dealt with one particular complaint brought to it by the clinic. |
| In that case, the council determined the clinic must resolve the matter privately by requesting assistance from the Victorian police, which McDonald said could have been better handled by the council. | In that case, the council determined the clinic must resolve the matter privately by requesting assistance from the Victorian police, which McDonald said could have been better handled by the council. |
| “What we need now is a clear law to ensure that all Victorian women can access health services without being harassed or intimidated,” Howie said. | “What we need now is a clear law to ensure that all Victorian women can access health services without being harassed or intimidated,” Howie said. |
| “It’s time for the government to introduce safe access zones for abortion clinics across Victoria. Safe access zones are an easy and sensible solution.” | “It’s time for the government to introduce safe access zones for abortion clinics across Victoria. Safe access zones are an easy and sensible solution.” |
| The lord mayor of Melbourne city council, Robert Doyle, was expected to address the media about the decision at noon. | The lord mayor of Melbourne city council, Robert Doyle, was expected to address the media about the decision at noon. |
| Members of the protest group were in court for the decision, and handed out a press release dated March last year after McDonald had handed down his judgment. | Members of the protest group were in court for the decision, and handed out a press release dated March last year after McDonald had handed down his judgment. |
| “We look forward to the day when all human beings, whether born or unborn, young or old, handicapped or non-handicapped, black or white, are protected and treated equally under the law, particularly in relation to being accorded the most fundamental of all human rights: the right to life,” it said. | “We look forward to the day when all human beings, whether born or unborn, young or old, handicapped or non-handicapped, black or white, are protected and treated equally under the law, particularly in relation to being accorded the most fundamental of all human rights: the right to life,” it said. |
| The court previously had heard women had delayed getting important medical treatment clinic because of the anti-abortion protesters, who handed out anti-abortion flyers, blocked the entrance to the clinic, and discouraged women from attending. Staff are escorted to and from the clinic by security guards. | The court previously had heard women had delayed getting important medical treatment clinic because of the anti-abortion protesters, who handed out anti-abortion flyers, blocked the entrance to the clinic, and discouraged women from attending. Staff are escorted to and from the clinic by security guards. |
| In 2002 the anti-abortion activist Peter James Knight was sentenced to life in prison after he entered the East Melbourne Fertility Clinic with a gun and shot and killed a security guard. | In 2002 the anti-abortion activist Peter James Knight was sentenced to life in prison after he entered the East Melbourne Fertility Clinic with a gun and shot and killed a security guard. |