In September 2024 the Queensland Parliament passed new legislation to regulate IVF services in Queensland and to create a new donor conception register to enable donor conceived persons to access information about their genetic origins, including where that includes ART/IVF.
Previous commentators have noted that Queensland was amongst the least regulated of the States in relation to IVF, and many of the changes enacted in this legislation will bring Queensland in line with provisions in other States. It also particularly includes provisions for Queensland Health to register and regulate, and where necessary impose conditions and enforce powers for non-compliance by IVF providers.
In summary, the new legislation gives power to Queensland Health to:
- conduct inspections of IVF providers;
- impose conditions on their licences and issue improvement notices;
- suspend or cancel licences for non-compliance;
- inspect and seize property and records;
- prohibit some providers from providing IVF services for non-compliance;
- prohibit sex selection, use of gametes where both gamete provides are closely related, and IVF treatment on a child (except in particular circumstances to obtain a gamete for the future benefit for the child).
A new donor conception information register will be established, similar to those operating in other States, which will enable donor conceived people to access information of their genetic heritage.
The legislation followed a review by the Queensland Parliament, and the commissioning of a major investigative report by the Office of the Health Ombudsman (OHO).
The OHO Report carried out an investigation which identified a number of issues of non-compliance or adverse events particularly in relation to:
- the handling of gametes and embryos;
- screening of gametes and embryos;
- record keeping and provision of information;
- the number of gametes donated and distributed within Australia;
- the adequacy of information made available to patients;
- issues of quality of donated sperm and therefore the impact of choices of treatment applicable;
- use of sex selection;
- issues relating to the discarding of gametes and embryos;
Many of the recommendations made by the OHO have now been addressed in the new Queensland legislation.
Russell Kennedy Consultant, Michael Gorton AM, was commissioned by the OHO to assist in relation to its investigation of these issues. Michael is a former Chair of the Victorian IVF regulator (VARTA) and the Patient Review Panel, a decision-maker under IVF legislation in Victoria. He was also previously commissioned by the Victorian Government to undertake the “Gorton Review” a major two year investigation and report in relation to the adequacy of regulation of IVF and IVF clinics in Victoria. Recommendations of the landmark “Gorton Review” have been enacted in several pieces of legislation by the Victorian Parliament.
How we can help
If you have questions or require further assistance, please contact Michael Gorton AM, or a member of our Health team.
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