Prayer warriors to be fined, jailed in Tasmania

28 Nov 2013

By Matthew Biddle

Participants in prayer vigils outside abortion clinics in Tasmania could be fined and jailed under laws passed last week. PHOTO: MICHAEL CONNELLY
Participants in prayer vigils outside abortion clinics in Tasmania could be fined and jailed under laws passed last week. PHOTO: MICHAEL CONNELLY

PRAYING outside an abortion clinic in Tasmania could result in imprisonment after radical changes to the State’s abortion laws were passed last week.

The Tasmanian upper house passed the Reproductive Health Bill on November 21, which removes abortion from the criminal code, placing it instead in the health code.

Abortions up until 16 weeks will now be performed without written consent from two doctors.

Tasmania is now the third Australian State or Territory to decriminalise abortion, joining Victoria and the ACT.

Under the laws, all doctors must give patients seeking an abortion referral a pamphlet listing local abortion clinics.

The legislation also means that anyone holding a silent vigil within 150 metres of an abortion clinic can be fined a maximum of $9,750 and jailed for up to 12 months.

Behaviour that is prohibited includes “besetting, harassing, intimidating, interfering with, threatening, hindering, obstructing or impeding” anyone entering the abortion clinic.

Further, the legislation states that “a protest in relation to terminations that is able to be seen or heard by a person accessing, or attempting to access, premises at which terminations are provided” is a criminal offence.

During the second reading of the bill earlier this year, Tasmanian Health Minister Michelle O’Byrne, a member of the pro-abortion group Emily’s List, detailed the kinds of behaviours the bill would prohibit.

“It will stop the silent protests outside termination clinics that purport to be a vigil of sorts or a peaceful protest but which, by their very location, are undoubtedly an expression of disapproval,” she said.

“It will not stop a religious sermon against terminations, in churches that fall within an access zone. Unless, of course, they broadcast it over a loud speaker in a public manner.

“It will, however, stop a person… handing out pamphlets denouncing terminations.”

That could be a problem for St Joseph’s Catholic Church in Hobart, which is less than 100 metres away from an abortion clinic.

According to Ms Byrne’s explanation, the St Joseph’s parish church will no longer be permitted to provide pro-life pamphlets in its foyer for public consumption.

President of Right to Life Australia Margaret Tighe described the bill’s passing as “the blackest day in the history of Tasmania”.

“The Port Arthur massacre killed dozens of people but this bill will kill thousands. Tasmania is committing demographic suicide,” she said.

“It is a denial of the rights of the child, a denial of conscientious objection for doctors, and criminalising people who want to offer help to pregnant women.”

Former chairman of Pregnancy Assistance in WA Brian Peachey told The Record the 150 metre access zone was “utterly disgraceful”.

“It’s the worst piece of legislation in Australia, even worse than the Victorian abortion legislation, which was described as the worst in the world,” he said.

“In my opinion, the legislation is contrary to the International Covenant on Civil and Political Rights.”

Christian groups are believed to be considering a challenge to the laws in the High Court.