A new bill gives ART and IVF services three months after a recent birth and six months for historical conceptions to provide all records, including anonymous ones.
ART providers in Queensland will have three months following the birth of a donor-conceived child to hand over donor conception records to a new centralised register if new legislation regulating ART practices in the state is passed, Queensland Health has confirmed.
Tricia Matthias, acting deputy director-general for the strategy, policy and reform division at Queensland Health, said if the bill is passed it would still take some time before obligations requiring providers to upload any relevant information regarding donor conception to the register would kick in.
“There will be a lead-in time before the register will commence, just to allow time for the registry of births, deaths and marriages to also work with our providers to make them aware of their obligations and also assist with accessing historical records and digitising them to put on the register,” Ms Matthias said at a public hearing into the Assisted Reproductive Technology Bill 2024 today.
“Generally speaking, it’s within three months of when the provider is aware that there’s been a birth as a result of the procedure that they have to provide relevant information, and relevant information is quite proscriptive, and it’s proscribed in the bill.”
Ms Matthias said providers would be given six months to provide “all records within their possession or control”, although no criminal or civil penalties would be imposed on providers who fell short of this obligation.
The bill restricts the use of individual samples to no more than 10 donor-related families.
Several witnesses, including Donor Conceived Australia representative Kerri Favarato advocated for a reduction to five families, but Ms Matthias said the limit was made to align Queensland with other jurisdictions as well as to allow for realistic implementation.
“Queensland Health acknowledges several submissions have advocated [that] … the limit should be lower or define family more broadly. However, it is important that the provision is practical and enforceable,” she said.
“The bill sets the limit at 10 Australian families. This is broadly consistent with several other jurisdictions in Australia.
“Queensland Health will work with the sector to develop guidance about how to apply the limit in practice.”
The legislation includes the implementation of a new statewide licensing framework.
Associate Professor Catherine McDougall, Queensland’s CMO said the scheme would be managed under the office of the chief health officer.
“This is business as usual with respect to regulation of private hospitals, so we’re really confident that we will be able to do this effectively and in collaboration with the [ART] sector,” she said.