Women's health

Assisted reproductive treatment legislation

South Australian legislation

There is legislation which governs the practice and provision of assisted reproductive treatment (ART) in South Australia. The Minister for Health is responsible for overseeing this legislation.

Parliament passed amendments which significantly changed the regulation of ART in South Australia In 2009.

The Act which previously governed the provision of reproductive treatment was called the Reproductive Technology (Clinical Practices) Act 1988 (SA).

The Act is now known as the Assisted Reproductive Treatment Act 1988 (SA), which operates in conjunction with the Assisted Reproductive Treatment Regulations 2010.

An explanatory guide for the Act and its Regulations has been developed to explain what is new, what has changed and what has been retained from the previous legislation.

Other legislation that impacts on family formation through assisted reproductive treatment in South Australia includes the Family Relationships Act 1975 (SA).

Relevant legislation

Legislation in other Australian jurisdictions

Legislation currently exists to govern ART in New South Wales, Victoria and Western Australia, however the nature of the governance regimes in each of these states varies.

There is no Commonwealth legislation in respect of ART practice. States and territories without specific legislation rely on the Reproductive Technology Accreditation Committee accreditation scheme which sets standards for practice and requires compliance with the National Health and Medical Research Council’s Ethical Guidelines (PDF 1.3Mb) on the use of assisted reproductive technology in clinical practice and research.