Queensland has made a commitment to reform the regulatory framework for in vitro fertilization (IVF) services. There is a long lag. New legislation requiring providers to report “serious adverse events” will now be implemented six months later than initially scheduled. The legislation was originally scheduled to go into effect this coming September. Now, it will instead be pushed back until March 2024 to permit further extensive discussions with stakeholders. Long-time family creation lawyer, Sarah Jefford, has lamented the problem. If we continue to delay these reforms, we are undermining public confidence in IVF providers and the industry as a whole, she says.
The chief health officer also recommended delaying the implementation of the next stage of Queensland’s Assisted Reproductive Technology (ART) Act. As a result, officials ultimately chose to push it back. The government aims to ensure that the legislative changes are precise and effective, reflecting both the needs of families and the operational realities of IVF providers. The new laws are a direct response to other, recent incidents. These tragic events have raised compelling questions about the safety and regulation of assisted reproductive services in Queensland.
Background of the Delay
A recent string of harrowing incidents have rocked the IVF industry. One particularly egregious episode was reported earlier this year at Monash IVF, in which a patient delivered an infant genetically unrelated to her. This incident was enough to spur national health ministers to act immediately. In June, they announced a rapid review of the IVF sector, highlighting the serious and immediate need for improved regulations.
Despite the apparent urgency, Health Minister Tim Nicholls’ office indicated that the legislation was the result of extensive consultations and investigations. Many providers have stopped providing infusions to high-risk patients. As such, they are worried about meeting these new requirements.
“Queensland families called for these rules to bring our state’s IVF regulations in line with other states,” – Health Minister Tim Nicholls
While some stakeholders appreciated the need for further consultation, others, like Sarah Jefford, argue that this is not the time to delay necessary reforms.
Stakeholder Reactions
Sarah Jefford emphasized the importance of timely reforms, stating, “This is not the time to be holding back on these reforms given there’s already a lack of trust in the community towards fertility providers.” Her statement reflects the deep and increasing frustration by many advocates and families looking for certainty in assisted reproductive technologies.
The Health Minister acknowledged that it was time to rebuild trust with Queenslanders. He stressed that a strong, well-regulated IVF industry is critical to reaching this goal. He remarked, “When it comes to helping families experience the miracle of life, we must ensure the IVF industry is well-regulated while resolving the major issues created by Labor rushing through laws.”
The federal government has been hard at work, even in this period of deferral, engaging with ART providers. Collectively, they are putting in place strong protections to detect and address the risks before they cause harm.
“The revised implementation date does not change our commitment to prioritising the health and wellbeing of people accessing ART services,” – Queensland Health spokeswoman
Future Steps
The government intends to use this additional time to conduct more extensive and detailed discussions on the draft ART Regulation 2025. This regulation is very important for implementing the next stage of the ART Act. Health Minister Nicholls described this pause as a sensible approach that prioritizes clarity and care for families navigating these critical services.
“This is a sensible pause while government works to get the regulation right. Families deserve clarity and care and that starts with proper consultation,” – Health Minister Tim Nicholls
In response, the Health Minister’s office provided constituents with assurance. This deferral will allow all stakeholders sufficient time for dialogue and input, resulting in a better regulatory foundation. They stated, “The six-month deferral will provide Queensland Health with sufficient time to consult on the draft ART Regulation 2025 that is required to operationalise the next stage of the Act.”
