Legislation

There is legislation that governs the practice of reproductive technology in South Australia.  The South Australia Council on Reproductive Technology (SACRT) and the Department of Health are jointly responsible for overseeing this legislation.

The SACRT is a statutory body established under the provisions set out in the Reproductive Technology (Clinical Practices) Act 1988 (SA).

The Act was previously called the Reproductive Technology Act 1988 (SA), however in December 2003 the provisions under the Act were changed and the name was amended to reflect this change.  The changes were made because the South Australian Parliament passed the Prohibition of Human Cloning Act 2003 (SA) and the Research Involving Human Embryos Act 2003 (SA) in response to the Federal Government's legislation prohibiting human cloning and regulating research using human embryos.  The Prohibition of Human Cloning Act 2003 (SA) and the Research Involving Human Embryos Act 2003 (SA) remove the regulation of embryo research from the South Australian Reproductive Technology Act 1988.   

As part of its mandated responsibility, the SACRT has developed Regulations that it oversees. The Reproductive Technology (Code of Ethical Clinical Practice) Regulations 1995 have been implemented to ensure ethical clinical practice in reproductive technology occurs in South Australia.  These regulations were also amended in December 2003, to ensure consistency by reflecting changes to the Reproductive Technology (Clinical Practices) Act 1988 (SA).

Other legislation that impacts on family formation through reproductive technology in South Australia includes the Family Relationships Act 1975 (SA) and the Adoption Act 1988 (SA).  Assisted reproductive technology comes under the jurisdiction of states and territories in Australia so national legislation cannot be used to regulate its practice.

While legislation regarding reproductive technology is extensive in South Australia, this is not the case throughout Australia. Legislation governs assisted reproductive technology in Victoria and Western Australia.  The legislation varies to some degree across these states.

Further information about the interpretation of reproductive technology legislation in SA can be found in the Reproductive Technology Legislation and Regulation section of the Student page of this site, and in the Eligibility Fact Sheet on the Fact Sheets page of this site.