A Melbourne abortion clinic has lost a court bid to force the Melbourne City Council to prevent pro-life activists from gathering and protesting outside the premises.



The Helpers of God's Precious Infants group have been gathering outside the East Melbourne Fertility Control Clinic trying to stop women from getting abortions for more than 20 years.

The clinic had asked the Victorian Supreme Court to order the council to enforce existing laws which could move the protesters on.

Lawyers for the clinic argued the protesters were causing a nuisance and endangering the health of its clients by harassing female patients and staff.

Key points: Court rules council did not fail in its duty to move anti-abortion protesters on

Court rules council did not fail in its duty to move anti-abortion protesters on Council says group "shows little respect" for women, but it has no authority to do more

Council says group "shows little respect" for women, but it has no authority to do more Clinic lawyers call for law reforms to stop protests so close to premises

Clinic lawyers call for law reforms to stop protests so close to premises Pro-life group say they are "vindicated" and will continue to protest

They said the clinic was a ratepayer and resident, and therefore had the right to be protected.

Today, the court ruled the council had done nothing wrong in not taking action.

"I have concluded that there was no actual or constructive failure by council to perform the duties imposed upon it by the [Public Health and Wellbeing] Act," Justice Michael McDonald ruled.

But he said the council had erred when it told the clinic the matter could be better settled privately through referral to Victoria Police.

"On no view could the involvement of Victoria Police ... facilitate a private settlement," he said.

He also said the conduct of the protesters, including blocking the entrance of the clinic, could potentially constitute a nuisance.

Lawyers representing the abortion clinic said they were disappointed the court did not compel the council to intervene.

They said women visiting the clinic had the right to be treated with dignity and the Victorian Parliament needed to reform the law.

City of Melbourne 'has no authority to do more'

In a statement, the council said it took "no relief or pleasure" in the ruling and it left the broader issue of managing protesters at the clinic "unresolved".

"The City of Melbourne sympathises with the women targeted by protesters at the East Melbourne Fertility Control Clinic and acknowledges the impact the group's presence has on the health and wellbeing of the clinic's patients, staff and management," it said in a statement.

"For more than 20 years, the City of Melbourne has worked within its limited powers to protect the interests of women who attend the clinic. Although we have wanted to do more, we have not had the authority to do so.

"Although we respect people's right to a peaceful protest, we consider that the groups who assemble at the clinic show little respect for the rights of women who attend it.

"We recognise the court has found that we made an error in referring the clinic to Victoria Police in order to resolve the issues.

"We will reflect on the decision and its implications as a matter of priority."

Outside court, members of the Helpers of God's Precious Infants said they had been vindicated by the decision.

Group member Jeremy denied they were harassing patients.

"Those who would seek some help, want some help, we're there," he said.

"That [harassing] wouldn't be of any benefit at all, if they're looking for help."

Protesters causing 'psychological, physical barrier' for patients

The centre's clinical psychologist, Dr Susie Allanson, said the protesters' actions were "appalling" and "a form of violence against women".

She said staff also felt harassed at the clinic and she had been hoping patients would "no longer have to suffer this psychological and physical barrier from attending the clinic".

"I'm a little disappointed," Dr Allanson said.

The Helpers of God's Precious Infants said it had been vindicated by the court's decision. ( ABC: Peta Carlyon )

"The situation is a unique and specific one... women need to have safe access."

Earlier this month, Sex Party MP Fiona Patten introduced a bill into State Parliament to enforce a buffer zone around abortion clinics.

If passed, it would make it illegal for protesters to be within 150 metres of fertility and reproductive health clinics, with penalties including fines or imprisonment for repeat offenders.

There has yet to be any clear indication on whether it would garner support from the Labor Government or Liberal opposition.

Melbourne Lord Mayor Robert Doyle had previously labelled the protests "shameful", but said they still had the right to protest.

"I've got a great deal of sympathy for those young women who are harassed in, I think, quite a vile way, as they enter that clinic," Cr Doyle said at the time.

"Despite the fact I don't like the protest at all, and I don't think they've conducted themselves in any honourable way, they do still have rights as protesters.

ABC/AAP