On 10 September 2024, Queensland Parliament passed the Assisted Reproductive Technology Act 2024 (Qld) (ART Act) which was introduced by the Assisted Reproductive Technology Bill 2024.
The ART Act came into force on 19 September 2024 and aims to, among other things, introduce transparent guidelines and restrictions on assisted reproductive technology (ART) providers and improve confidence in Queensland’s ART industry.
Before the introduction of the ART Act, providers of ART services were regulated via a national and self-regulated framework consisting of:
- The Ethical Guidelines on the Use of Reproductive Technology in Clinical Practice and Research published by the National Health and Medical Research Council (NHRMC), and
- The Code of Practice for Assisted Reproductive Technology Units by the Reproductive Technology Accreditation Committee (RTAC) which is a professional group of the Fertility Society of Australia and New Zealand.
Read more about those regulations in our previous article Queensland playing catch up with Assisted Reproductive Technology regulation.
The ART Act seeks to ‘centralise’ the registration and regulation of the ART providers and provide clearer guidelines to the industry on the services it provides to Queenslanders.
Objectives of the ART Act
The main objectives of the ART Act are, in summary, to:
- Protect the welfare and interests of both users of and individuals born as a result of ART.
- Regulate the use of ART.
- Provide and regulate access to information about individuals born as a result of ART.
The ART Act emphasises that the welfare and interests of individuals born as a result of ART are, throughout their lives, of paramount importance in the administration and operation of the ART Act.
ART Act laws already in force
The ART Act is being rolled out in stages with the initial stage having commenced on 19 September 2024 and the remaining laws being implemented on a future date to be advised, as discussed below. Providers of ART services should already be aware of the commencement of various parts of the legislation including:
- Prohibitions on the use of gametes from close family members to create an embryo, ART treatment provided to children, or carrying out an ART procedure in a particular way in an attempt to produce a child of a particular sex.
- Process for retrieval of gametes from deceased or unresponsive persons including those authorised to request the retrieval of the gametes. Note: the sections regarding the use of these ‘retrieved gametes’ have not yet commenced.
- Requirements for information collection and record keeping including information collected about gamete providers, transfer of information between ART providers and information to be collected about persons who undergo ART procedures.
- Guidance on the disclosure of health information in specific circumstances including disclosure of health information about donors, relatives of donors, donor-conceived persons and relatives of donor-conceived persons.
- Investigation and enforcement provisions including the power for inspectors appointed under ART Act to enter places including premises used by licensed ART providers, conduct searches and seize evidence. At this stage, Queensland Health has been appointed as an inspector under the ART Act. The ART Act also includes an appeal process against property decisions taken by an inspector.
ART Act laws coming soon
The remaining sections of the ART Act will be commencing on a future date soon allowing ART providers, Queensland Health and the Registry of Births, Deaths and Marriages time to establish relevant systems, policies and processes. The timeframe for the introduction of the remaining parts of the ART Act is to be introduced on a rolling basis.
Queensland Health is the independent regulator under the ART Act, and it reports that a dedicated team has been established to develop a licensing framework, guidance and other requirements to deliver this new regulatory scheme. The Registry of Births, Deaths and Marriages is responsible for establishing the donor conception information register.
Foreshadowed features of the ART Act sections which are to take effect in the future include, among other things:
- Regulation of persons who provide ART services as a licensed ART provider including application for, granting of, and cancellation of licenses for ART providers and that ART services are to be performed by, or under the supervision of, a medical practitioner.
- Establishment and maintenance of a donor conception information register including information to be held in the register and disclosure of the information including the necessary consent and notification requirements.
- Information provision and counselling requirements for persons provided with ART services by the ART provider.
- The ART provider’s obligations regarding consent of gamete providers and persons undergoing ART procedures.
- Limit on the number of donor-related Australian families using a donated gamete or donated embryo.
- Exceptions regarding the use of gametes or embryos after the death of a gamete provider and time limit on the use of donated gametes or embryos and their disposal.
- ART providers using a gamete retrieved from a deceased or an unresponsive person in an ART procedure is to be subject to authorisation by an independent review body under the ART Act.
Summary
Queensland Health has published an information sheet titled ‘Guidance for assisted reproductive technology providers on commencement’ which includes a summary table of the ART Act including which laws are already in force and which ones are coming soon.
Queensland Health has also prepared fact sheets for ART providers regarding the laws that have already commenced including information collection and record keeping, disclosure of health information, retrieval of gametes from deceased or unresponsive persons and retrieving sperm or eggs after death – information for surviving partners.
What does this mean for you?
Queensland has previously been described as one of the least regulated Australian states in the area of ART, and many of these changes will bring it into closer alignment with some other states. However, as ART providers who operate nationally will appreciate, Australia is far from uniform noting that last year’s report by the Fertility Society of Australia and New Zealand identified 30 pieces of legislation across 9 jurisdictions which impact the provision of ART in Australia.
The ART Act will be rolled out in stages across Queensland, and it is important for ART providers operating in Queensland to be aware of the new laws and ready for incoming laws to ensure legislative compliance. Stay tuned for further updates on the introduction of the stages of the legislation as they occur.
If you would like to know more about regulation of ART providers in your state or territory, or you’re after specific advice, please contact the authors or one of our Health Law experts.
