On 17 December 2020, the Health Care (Safe Access) Amendment Act 2020 (SA) commenced. Part 5A was inserted to the Health Care Act 2008 (SA) to ensure the safety, well being, privacy and dignity of people accessing abortion services, as well as health professionals and other people providing abortion services [s 48C].

A health access zone is defined as the protected premises itself, and any public area within 150 metres of it.  A protected premises is any premises at which abortions are lawfully performed (excluding pharmacies). A public area means an area or place that the public, or a section of the public, is entitled to use or that is open to, or used by, the public or a section of the public (whether access is unrestricted or subject to payment of money, membership of a body or otherwise).

Prohibited behaviour includes:

[s 48B].

The new offences

Certain behaviour prohibited in health access zones

A person who engages in prohibited behaviour in a health access zone is guilty of an offence.

Maximum Penalty: $10 000 or 12 months imprisonment

[s 48D]

Police officer may direct person to leave health access zone

A police officer may, if the police officer reasonably suspects that a person has engaged, or is about to engage, in prohibited behaviour in a health access zone, direct the person to immediately leave the health access zone.

A person who refuses or fails to comply with a direction under this section is guilty of an offence.

Maximum penalty: $10 000.

A person who, having been directed to leave a health access zone under this section, without reasonable excuse, re-enters the health access zone within 24 hours after the direction is guilty of an offence.

Maximum penalty: $10 000.

[s 48E]

Offence to publish or distribute recording

To publish means to disseminate or provide access to the public or a section of the public by any means, including by publication in a book, newspaper, magazine or other written publication; broadcast by radio or television; or public exhibition; or broadcast or electronic communication.

A person must not, without the consent of the other person, publish or distribute a recording of a person approaching, entering or leaving protected premises if the recording contains information that:

Maximum penalty: $10 000

[s 48F]