Ms O’Byrne said Australia’s Solicitor-General and the Attorneys-General from New South Wales, Western Australia, South Australia and Queensland had formally intervened in a High Court case where the protester has appealed a conviction for breaching Victoria’s safe access zones.

She asked Attorney-General Elise Archer why Tasmania had not followed the other states and prepared a submission.

“Considering Tasmania led the way with safe-access zones, why have you not prepared a submission?” Ms O’Byrne asked.

“Isn’t it a fact that Tasmania has not joined this action because your Cabinet is dominated by the conservative right who don’t believe women should be protected from protesters while accessing termination services?”

Ms Archer initially said she was not aware of the case and Ms O’Byrne was jumping on a “grubby little political issue.”

She later clarified her answer.

“Since clarifying this, I can now confidently provide an explanation as to why, as the Member, asked Tasmania has not formally intervened in the High Court matter,” Ms Archer said.

“The simple answer to this is there is no need to.

“The case referred to is being heard jointly with the Preston v Avery matter which, is of course, an action to which Tasmania is actually a party.”

Ms Archer said Tasmania would present a robust defence of the Reproductive Health (Access to Terminations) Act 2013.

In state parliament last week Labor failed to pass a motion directing the Health Minister Michael Ferguson to direct all public hospitals to allow terminations.

The High Court case involves the conviction and fining of a woman who was protesting within 150 metres of an abortion clinic.

She appealed her case to the High Court where her lawyers will argue that safe-access zones violate the Australian Constitution’s implied freedom of political communication.