Act of Parliament

The Reproductive Technology (Clinical Practices) Act (SA) 1988 was tabled in the South Australian Parliament in an attempt to govern reproductive technology practices in the state.

There are a number of sections contained within the Act that relate to issues such as the establishment and operation of the South Australian Council on Reproductive Technology (SACRT), licensing arrangements for clinics and for research purposes, appeals and confidentiality.

SACRT

Information on the establishment and operation of the SACRT can be found on the SACRT functions page.

Licensing

In regard to licensing arrangements for clinics, the Act explicitly states what are considered to be acceptable and unacceptable practices. It also indicates the penalties that may be incurred if the conditions of the Act are violated.

The SACRT is responsible for advising the Department of Health on conditions to be included on clinical licences for infertility treatment clinics and suspension of clinical or research licences if it is deemed that the licensee has contravened the conditions of licences as set out under the Act.

Eligibility

Clinics are only allowed to treat people who are considered to be medically infertile. People are considered medically infertile when no conception occurs after 12 months of heterosexual intercourse.

Originally, infertility treatment was only provided to married couples or de facto couples who had been living in a marriage-like relationship for five or more years. However, in 1996 this was challenged in the Supreme Court of South Australia (Pearce Judgement) and found to be contrary to Commonwealth anti-discrimination laws. As a result, any couple or individual who is considered to be medically infertile can seek access to infertility treatments through licensed clinics in South Australia.

People who are fertile but carry a serious genetic condition are eligible to apply for assisted reproductive technology to avoid transmission of the condition to the child.

Eligibility for treatment requires applicants to complete a Statutory Declaration stating that all applicants have not been convicted of a violent crime or child sexual abuse, whether they have had a child removed from their custody or whether they are serving a time in prison.

The SACRT

The SACRT is responsible for:

• carrying out research into the social consequences of reproductive technology;

• promoting research into the causes of human infertility;

• promoting informed public debate on ethical and social issues relating to reproductive technology;

• advising the Minister on issues relating to reproductive technology; and

• ensuring that the welfare of any child born through an artificial fertilisation procedure must be treated as of paramount importance.

Memoranda

Where gaps have been found in the legislation, the SACRT have issued Memoranda to the Clinics, which are provided below:

Memorandum 1

Memorandum 2

Memorandum 3

Memorandum 4

Memorandum 5

Memorandum 6

Memorandum 7

Memorandum 8

Memorandum 9

Memorandum 10

Memorandum 11

Memorandum 13

Memorandum 14 (issued April 2007)

Top>>>