Melbourne’s Fertility Control Clinic is suing the city council for failing to remove protesters from outside its premises. Maurice Blackburn solicitor Lizzie O’Shea explained she would be “asking the court to make an order in mandamus, or perform a duty imposed by law”. Specifically, “[u]nder section 60 [of the Public Health and Wellbeing Act 2008], a council has a duty to remedy as far as is reasonably possible all nuisances existing in its municipal district. The definition of nuisance includes activities that are dangerous to health.” The applicants will argue that the health of patients and staff is harmed by harrassment by the anti-choice protesters, who have been picketing the site for a decade.
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