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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Summary Offences Amendment (Safe
Access to Reproductive Health Clinics)
Bill 2017
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to provide for safe access zones around reproductive health clinics at
which abortions are provided so as to protect the safety and well-being of, and respect the privacy
and dignity of, those accessing the services provided at those premises as well as those who need
to access those premises in the course of their employment.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent to the
proposed Act.
Schedule 1 Amendment of Summary Offences Act 1988
No 25
Schedule 1 inserts the following provisions into the Summary Offences Act 1988:
(a) Proposed section 11I inserts definitions used in the other proposed provisions. The term
safe access zone is defined to mean an area within a radius of 150 metres of a reproductive
health clinic at which abortions are provided or within a radius of 150 metres of a pedestrian
access point to a building that houses a reproductive health clinic at which abortions are
provided.
b2016-015.d18
Summary Offences Amendment (Safe Access to Reproductive Health Clinics) Bill 2017 [NSW]
Explanatory note
(b) Proposed section 11J provides that:
(i) it is the intention of Parliament that the fact that the public is entitled to access health
services, including abortions, should be respected and that the public should be able
to enter and leave reproductive health clinics at which abortions are provided without
interference, and in a manner that protects their safety and well-being and respects
their privacy and dignity, as should employees and other persons who need to access
such clinics in the course of their duties and responsibilities, and
(ii) accordingly, the objects of the proposed Division are to provide for safe access zones
around such reproductive health clinics so as to protect the safety and well-being of,
and respect the privacy and dignity of, those accessing the services provided at those
premises and those who need to access those premises in the course of their duties
and responsibilities, and to prohibit the publication and distribution of certain
recordings of those persons in those safe access zones.
(c) Proposed section 11K makes it an offence for a person who is in a safe access zone to
harass, intimidate, interfere with, threaten, hinder, obstruct or impede any person accessing,
leaving, or attempting to access or leave, any reproductive health clinic at which abortions
are provided. The maximum penalty is 150 penalty units (currently $16,500) or
imprisonment for 12 months.
(d) Proposed section 11L makes it an offence for a person who is in a safe access zone to
obstruct or block a footpath or road leading to any reproductive health clinic at which
abortions are provided. The maximum penalty is 150 penalty units or imprisonment for
12 months.
(e) Proposed section 11M makes it an offence for a person who is in a safe access zone to
communicate in relation to abortions in a manner that is able to be seen or heard by a person
accessing, leaving, attempting to access or leave, or inside, a reproductive health clinic at
which abortions are provided and that is reasonably likely to cause distress or anxiety to any
such person. The maximum penalty is 150 penalty units or imprisonment for 12 months.
(f) Proposed section 11N makes it an offence for a person to:
(i) intentionally capture visual data of another person, without that other person's
consent, if that other person is in a safe access zone and is accessing, leaving, or
attempting to access or leave, or is inside, a reproductive health clinic at which
abortions are provided, or
(ii) publish or distribute a recording of another person without that other person's
consent if the recording was made while that other person was in a safe access zone
and was accessing, leaving, attempting to access or leave, or inside, a reproductive
health clinic at which abortions are provided if the recording contains particulars
likely to lead to the identification of that other person.
The maximum penalty for either offence is 150 penalty units or imprisonment for
12 months.
(g) Proposed section 11O provides for the seizure of things that a police office suspects on
reasonable grounds may provide evidence of the commission of an offence under the
proposed Division.
(h) Proposed section 11P provides that the proposed Division does not apply so as to prohibit
conduct occurring in the forecourt of, or on the footpath or road outside, Parliament House
in Macquarie Street, Sydney or to prohibit the carrying out of any survey or opinion poll by
or with the authority of a candidate, or the distribution of any handbill or leaflet by or with
the authority of a candidate, during the course of a Commonwealth, State or local
government election, referendum or plebiscite. The provision also provides that the
proposed Division applies despite anything to the contrary in other statutory provisions
about public assemblies or protests.
Page 2
Introduced by the Hon P G Sharpe, MLC First print
New South Wales
Summary Offences Amendment (Safe
Access to Reproductive Health Clinics)
Bill 2017
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Summary Offences Act 1988 No 25 3
b2016-015.d18
New South Wales
Summary Offences Amendment (Safe
Access to Reproductive Health Clinics)
Bill 2017
No , 2017
A Bill for
An Act to amend the Summary Offences Act 1988 to provide for safe access zones around
reproductive health clinics at which abortions are performed and to prohibit certain behaviour in
those zones.
Summary Offences Amendment (Safe Access to Reproductive Health Clinics) Bill 2017 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Summary Offences Amendment (Safe Access to Reproductive Health 3
Clinics) Act 2017. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Summary Offences Amendment (Safe Access to Reproductive Health Clinics) Bill 2017 [NSW]
Schedule 1 Amendment of Summary Offences Act 1988 No 25
Schedule 1 Amendment of Summary Offences Act 1988 1
No 25 2
Part 2, Division 2C 3
Insert after section 11H: 4
Division 2C Prohibited behaviour around reproductive health 5
clinics where abortions are provided 6
11I Definitions 7
In this Division: 8
abortion means the administration of a drug, or the use of an instrument or any 9
other means, with intent to procure a miscarriage. 10
reproductive health clinic means any premises where medical services 11
relating to aspects of human reproduction or maternal health are provided, but 12
does not include a pharmacy. 13
safe access zone means an area within a radius of 150 metres of: 14
(a) a reproductive health clinic at which abortions are provided, or 15
(b) a pedestrian access point to a building that houses a reproductive health 16
clinic at which abortions are provided. 17
11J Objects of Division 18
(1) It is the intention of Parliament that: 19
(a) the fact that the public is entitled to access health services, including 20
abortions, should be respected, and 21
(b) the public should be able to enter and leave reproductive health clinics 22
at which abortions are provided without interference, and in a manner 23
that protects their safety and well-being and respects their privacy and 24
dignity, as should employees and other persons who need to access such 25
clinics in the course of their duties and responsibilities. 26
(2) Accordingly, the objects of this Division are: 27
(a) to provide for safe access zones around reproductive health clinics at 28
which abortions are provided so as to protect the safety and well-being 29
of, and respect the privacy and dignity of, those accessing the services 30
provided at those premises, and those who need to access those 31
premises in the course of their duties and responsibilities, and 32
(b) to prohibit the publication and distribution of certain recordings of those 33
persons in those safe access zones. 34
11K Interfering with access of persons to reproductive health clinics 35
A person who is in a safe access zone must not harass, intimidate, interfere 36
with, threaten, hinder, obstruct or impede, by any means, any person 37
accessing, leaving, or attempting to access or leave, any reproductive health 38
clinic at which abortions are provided. 39
Maximum penalty: 150 penalty units or imprisonment for 12 months. 40
Page 3
Summary Offences Amendment (Safe Access to Reproductive Health Clinics) Bill 2017 [NSW]
Schedule 1 Amendment of Summary Offences Act 1988 No 25
11L Obstructing, blocking or impeding footpaths or roads providing access to 1
reproductive health clinics 2
A person who is in a safe access zone must not, without reasonable excuse, 3
obstruct or block a footpath or road leading to any reproductive health clinic 4
at which abortions are provided. 5
Maximum penalty: 150 penalty units or imprisonment for 12 months. 6
11M Causing actual or potential distress or anxiety to persons in safe access zones 7
(1) A person who is in a safe access zone must not make a communication that 8
relates to abortions, by any means, in a manner: 9
(a) that is able to be seen or heard by a person accessing, leaving, 10
attempting to access or leave, or inside, a reproductive health clinic at 11
which abortions are provided, and 12
(b) that is reasonably likely to cause distress or anxiety to any such person. 13
Maximum penalty: 150 penalty units or imprisonment for 12 months. 14
(2) This section does not apply to an employee or other person who provides 15
services at the reproductive health clinic. 16
11N Capturing and distributing visual data of persons in safe access zone 17
(1) A person must not intentionally capture visual data of another person, by any 18
means, without that other person's consent, if that other person is in a safe 19
access zone and is accessing, leaving, or attempting to access or leave, or is 20
inside, a reproductive health clinic at which abortions are provided. 21
Maximum penalty: 150 penalty units or imprisonment for 12 months. 22
(2) A person must not publish or distribute a recording of another person without 23
that other person's consent if: 24
(a) the recording was made while that other person was in a safe access 25
zone and was accessing, leaving, attempting to access or leave, or 26
inside, a reproductive health clinic at which abortions are provided, and 27
(b) the recording contains particulars likely to lead to the identification of 28
that other person. 29
Maximum penalty: 150 penalty units or imprisonment for 12 months. 30
(3) In this section: 31
capture visual data of another person means to capture moving or still images 32
of the other person by a camera or any other means in such a way that: 33
(a) a recording is made of the images, or 34
(b) the images are capable of being transmitted in real time with or without 35
retention or storage in a physical or electronic form, or 36
(c) the images are otherwise capable of being distributed. 37
distribute means: 38
(a) communicate, exhibit, send, supply or transmit, whether to a particular 39
person or not, or 40
(b) make available for access, whether by a particular person or not, or 41
(c) enter into an agreement or arrangement to do any thing mentioned in 42
this definition, or 43
(d) attempt to distribute (within the meaning of paragraphs (a)-(c)). 44
Page 4
Summary Offences Amendment (Safe Access to Reproductive Health Clinics) Bill 2017 [NSW]
Schedule 1 Amendment of Summary Offences Act 1988 No 25
11O Seizure of things providing evidence of offence 1
(1) A police officer may seize all or part of a thing that the officer suspects on 2
reasonable grounds may provide evidence of the commission of an offence 3
under this Division. 4
(2) If a person is convicted or found guilty of an offence under this Division, any 5
item seized under this section is forfeited to the Crown and is to be destroyed 6
or disposed of in a manner approved by the Minister. 7
11P Application of Division 8
(1) This Division does not apply so as to prohibit: 9
(a) conduct occurring in the forecourt of, or on the footpath or road outside, 10
Parliament House in Macquarie Street, Sydney, or 11
(b) the carrying out of any survey or opinion poll by or with the authority 12
of a candidate, or the distribution of any handbill or leaflet by or with 13
the authority of a candidate, during the course of a Commonwealth, 14
State or local government election, referendum or plebiscite. 15
(2) This Division applies despite anything to the contrary in: 16
(a) Part 4 of this Act, or 17
(b) Part 14 of the Law Enforcement (Powers and Responsibilities) Act 18
2002. 19
Page 5
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