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Public Health and Wellbeing
Amendment (Safe Access) Bill 2015
Introduction Print
EXPLANATORY MEMORANDUM
General
The purpose of the Bill is to amend the Public Health and Wellbeing Act
2008 to provide for safe access zones around premises offering reproductive
health services and for other purposes.
Clause Notes
Clause 1 sets out the main purpose of the Bill, which is to amend the
Public Health and Wellbeing Act 2008 to provide for safe
access zones around premises offering reproductive health
services.
Clause 2 provides for the commencement of the Bill, which is to come into
effect on the day of proclamation, or 1 December 2015.
Clause 3 inserts new Part 9A in the Public Health and Wellbeing
Act 2008, which contains new sections 185A to 185D.
New sections 185A to 185D create offences relating to
prohibited behaviour within a safe access zone and distributing
and publishing recordings relating to access of reproductive
health services, as well as providing police with powers to seize
material relating to such offences.
New section 185A of the Public Health and Wellbeing Act
2008 defines terms used in the Bill, including--
• distribute which is defined to mean dispensing through
communication, exhibition, and making available for
access. This definition relates to the offence of
publishing or distributing a recording of a person
accessing or attempting to access reproductive health
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services. The offence is created to address concerns
relating to publication and provision of recordings that
invade medical privacy of clients and staff accessing
such premises. Previous Victorian Law Reform
Commission recommendations have suggested creating
offences relating to surveillance undertaken to
intimidate, demean, or harass people (see--Victorian
Law Reform Commission, Surveillance in Public
Places: Final Report 18 (2010) p 125). It is worth
noting that this recommendation included "to prevent or
hinder a person of ordinary sensibilities from
performing an act they are lawfully entitled to do",
which would include accessing reproductive health
services. This Bill's definition of distribute is
comparatively limited, aiming to protect against the
distribution or publication of recording relating to
medical privacy.
• prohibited behaviour that, if conducted within a
safe access zone, will constitute an offence.
These behaviours reflect the intimidation and
harassment of both clients and staff, through outward
threats and interfering communications, as well as the
physical impediments to individuals attempting to
access such services.
This refers to intentional recording, not unintentional
recording of an individual such as a tourist unaware of
the nature of the zone or premises.
Previously such behaviour may have been caught by a
variety of piecemeal approaches. This definition
clarifies those behaviours deemed detrimental to health
and wellbeing under these circumstances.
• reproductive health services which is defined to include
premises providing services relating to the termination
and prevention of pregnancy, including birth control and
advanced contraceptives. The intention is for rural
operators to be able register for the provision of such
services without fear of harassment, intimidation, and
hindrance of staff and clientele.
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• safe access zone which is defined as a set radius of
150 metres from premises in order to facilitate medical
privacy within a set area.
New section 185B creates the offence of engaging in prohibited
behaviour within a safe access zone. The offence is designed to
eliminate behaviour detrimental to the health and wellbeing of
individuals seeking reproductive health services, to protect the
wellbeing of staff and clients, and the health and wellbeing of the
wider Victorian community. Targeting such behaviour at
individuals accessing such premises is a direct detriment to the
health and wellbeing both of individuals, and the wider public.
Clients and staff report being traumatised by these encounters,
and they have the wider community impact of dissuading people
from seeking medical assistance.
The penalty provisions are designed to reflect the serious,
discriminatory nature of such behaviour. The deterrence impact
should be viewed in light of previous violent encounters around
such clinics, including a hostage situations involving staff and
patients, and murder. The penalties reflect the importance of
avoiding such escalation, and providing clarity around the rights
to safe access to such services, and privacy in so doing.
New section 185C creates the offence of distributing or
publishing a recording of a person accessing, or attempting to
access, premises at which reproductive health services are
provided. It has been designed to come into effect when there
is no lawful excuse for such recording without consent.
An example of lawful excuse may be someone recording an
assault that happens to be occurring in a safe access zone;
providing such a recording for legal proceedings would not
constitute an offence. In such a case, a person who was recorded
accessing or attempting to access a safe access zone may also be
approached to provide retroactive consent, which would vitiate
the offence.
New section 185D provides police with the ability to seize
material used in an offence under 185B(1) or 185C.
This clarifies the power of the police to seize materials such
as posters, or devices believed used to record individuals
accessing or attempting to access such premises.
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Clause 4 provides that the Act will be repealed on the first anniversary of
the day in which it comes into operation. The repeal of this Act
will not affect in any way the continuing operation of the
amendments made by it (see section 15(1) of the Interpretation
of Legislation Act 1984).
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