HIGH level legal advice has raised the possibility Albury Council can create and enforce an exclusion zone around the Englehardt Street abortion clinic.
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Expert advice on making a safe access zone around the clinic was sought by council late last year and remains confidential.
But in response to four key questions put to Sydney-based lawyers, Jeremy Kirk SC and Mark Seymour, on whether the Local Government Act can be used to create a safe access zone, risks of legal challenges to the move and enforcement limitations, they have drafted a notice for council’s consideration.
It stops pro-life protesters engaging in conduct which is “reasonably likely to cause distress, anxiety or inconvenience to such a person because of their actual, intended or attempted use of services” at the clinic.
The proposed exclusion zone includes a defined area along Englehardt, Victoria and Creek streets.
But enforcement remains a key issue with difficulties around the council’s “practical implementation” of a safe access zone and the imposition of a maximum $1100 fine for a breach.
No CCTV cameras exist in the area and council compliance staff don’t have power to arrest or move people on, but NSW police does.
The legal duo have also made comment about the council leaving the creation of safe access zones to the NSW Government.
Information provided to council states a second reading of the Summary Offences Amendment (safe access to reproductive health clinics) Bill 2017 may occur in the next two months.
Planning director Michael Keys has recommended council wait until NSW parliament makes a move.
“Women in our community deserve to be able to access their medical appointments with dignity and privacy, and without fear of intimidation or harassment by members of the public,” she said.
“Our community wants to see leadership from council to end this saga now.”
But Cr Darren Cameron said: “Cr Cohn knows if council tried to misuse the Local Government Act in the way she wants that any exclusion zone would be illusionary.
“Council officers can’t move people on.”