Recent reforms are reshaping Australia’s assisted reproductive technology (ART) landscape, with Queensland and Western Australia advancing key legislative changes and a national review recommending stronger national standards and oversight.
Since our June 2025 article (Assisted Reproductive Technology in Australia: The legal landscape), there have been legislation updates in Queensland and Western Australia, along with the release of a report from the three-month Rapid Review of Assisted Reproductive Technology and In Vitro Fertilisation Regulation and Accreditation in Australia (Rapid Review) undertaken by federal health ministers.1
In the first insight of our ART in Focus series, we explore these recent legislative changes and outline key findings and recommendations from the Rapid Review, focusing on what they mean for ART providers in terms of compliance, accreditation, and regulatory obligations.
Queensland
In September 2024, the Queensland Parliament passed the Assisted Reproductive Technology Act 2024 (Qld) (ART Act).
The ART Act establishes a state-based framework providing for the regulation of ART services, as well as a donor conception register in Queensland.
While the ART Act commenced in September 2024, only some parts of the Act came into force at the time. The provisions now in force concern sex selection, gamete use in those closely related, requirements for ART providers to collect, retain (and disclose where required) patient and gamete information, the retrieval of gametes from deceased persons, and powers for Queensland Health to inspect a relevant place/ART provider’s premises.
The remaining parts of the Act were proposed to take effect in September 2025, however in September Queensland Health announced that the second stage of the ART Act provisions would be further deferred to commence from 1 March 2026.
These provisions relate to key aspects of the regulatory framework, including consent requirements, regulatory powers, adverse event notifications, the licensing of ART providers, and the establishment of a donor conception information register.
Further changes to the ART Act are anticipated by way of the Health Legislation Amendment Bill (No. 3) 2025,2 currently before the Queensland Parliament. If passed, it will amend the ART Act to clarify provisions, promote equitable outcomes and, where appropriate, introduce a pathway for case-by-case decision-making to ensure that the administration of the Act does not result in undue hardship.
This follows instances of transitional issues with the new legislation in early 2025, including the pausing of existing treatment where donor information was not available.3
Western Australia
In August 2025, eight years after similar legislation was first introduced to the Western Australian Parliament, the WA government reintroduced the Assisted Reproductive Technology and Surrogacy Bill 2025,4 which provides for the streamlining of the regulation and management of ART – as well as access to fertility treatment, surrogacy, genetic testing and donor information.
The proposed legislation will assist same-sex couples, single people, transgender and intersex Western Australians to start a family, as they are not eligible to access ART services at present.
The Act is currently being debated in the Western Australian Parliament.
Rapid Review
In June 2025 the federal, state and territory health ministers commissioned the three-month Rapid Review to assess the regulatory and accreditation environment for the ART and in-vitro fertilisation (IVF) industries.
Currently, the accreditation and regulation of ART providers vary between states and territories. The Rapid Review considered the pitfalls of the current system, noting that the Reproductive Technology Accreditation Committee (RTAC) which currently sets standards for, and issues licences to ART providers, no longer meets current needs and that the standards underpinning accreditation are not sufficiently rigorous.
The Rapid Review further considered that the industry’s current compliance monitoring is insufficient, and that the enforcement powers that do exist are limited and underutilised.
The Rapid Review consulted with ART customers and found that there is limited and inconsistent information available across the industry regarding treatment efficacy and outcomes. The review also noted that misleading advertising practices persist within the industry.
The Rapid Review identified 10 recommendations for improvement, including:
- the establishment of an independent accreditation entity and process via the Australian Commission on Safety and Quality in Health Care,
- the development of comprehensive national standards,
- improved compliance monitoring and oversight of workers in the ART industry, and
- greater transparency and guidance to enable more informed consumer choice and consent.
While the health ministers have agreed to implement all 10 recommendations in a three-phased approach, it is not yet clear which recommendations will form part of the first phase, due for completion by January 2027.
Implications for providers
Certain offences under ART legislation in the Australian Capital Territory, Queensland and Victoria include provisions for monetary penalties and or imprisonment. Following the Rapid Review, we anticipate there will be a greater push for harmonisation of legislative powers across the states and territories.
ART providers, especially those operating nationally, should consider and prepare for the requirements of the legislation discussed above to ensure they are compliant.
We will continue to monitor this space with interest in the months ahead.
Assisted Reproductive Technology Act 2024 (Qld)
1 Rapid Review of Assisted Reproductive Technology and In Vitro Fertilisation Regulation and Accreditation in Australia
2 Health Legislation Amendment Bill (No.3) 2025 - Explanatory Note
3 Queensland IVF patient told her embryo didn't comply with new laws gets go-ahead for transfer (ABC News)
4 Assisted Reproductive Technology and Surrogacy Bill 2025
