Victorian ART Requirements Amended

This article applies to organisations providing reproductive health services.

Assisted Reproductive Treatment Amendment Bill 2020 (Vic)

Overview

Please be advised that the Assisted Reproductive Treatment Amendment Bill 2020 (Vic) (the Bill) passed the Victorian Parliament on 4 June 2020 and received Royal Assent on 10 June 2020, before commencing as an Act on 8 July 2020.

The Bill amended the Assisted Reproductive Treatment Act 2008 (Vic) (the Act) to remove requirements for criminal record checks and child protection order checks to be carried out before a woman may undergo a treatment procedure.

Repeals

Previously, section 14 of the Act contained a presumption against providing treatment where a woman (or her partner) had committed certain sexual or violent offences, or where a child had been removed from the care of the woman or her partner under a child protection order.

The Bill repealed section 14 of the Act, removing this presumption.

Subscribers should note that the repeal of section 14 of the Act made a series of significant consequential amendments, including:

  • repealing section 11(1)(c) of the Act, with the effect that the counsellor who provides counselling to the woman and her partner, if any, before they undergo a treatment procedure is no longer required to provide a statement that he or she has sighted a criminal records check in relation to the woman and her partner; and
  • repealing section 11(1)(d) of the Act, with the effect that the woman and her partner, if any, are no longer required to give permission for a child protection order check to be conducted in relation to the woman and her partner; and
  • repealing section 12 of the Act, with the effect that a registered ART provider is no longer required to ask the Secretary to prepare a statement as to whether a child protection order has been made removing a child from the care of the woman or her partner before carrying out a treatment procedure on the woman.

Please click here to access the full Bill.

 


Contact

For further information please contact the Law Compliance team:

Phone: 1300 862 667

Email: info@lawcompliance.com.au

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