LEGISLATIVE ASSEMBLY FOR THE 

AUSTRALIAN CAPITAL TERRITORY 

________________________ 

NOTICE OF MOTION 

Marisa Paterson MLA:                        I give notice that I shall move –  

1. That this Assembly notes that:  

(a) in 2018, there were 84,064 initiated Assisted Reproductive Technology (ART) cycles in Australia and New Zealand. In the five years to 2017, the number of ART procedures increased, on average, by over 10 percent a year; 

(b) ART can provide an option for individuals and couples looking to conceive and may or may not include the use of donated gametes;  

(c) currently the ACT does not have any specific regulatory arrangements for ART, though these services are guided by the NHMRC’s Ethical guidelines on the use of assisted reproductive technology in clinical practice and research;  

(d) the recently established national register of IVF clinics provides some comparative data and information about the likelihood of success for individuals and couples trying to conceive which addresses some concerns about access to transparent information about IVF services; 

(e) other States have legislation regulating ART, which provides a framework for ART providers and individuals and couples who choose to access these services, including for:  

(i) support and counselling; 

(ii) access to donor information and linking; 

(iii) surrogacy; 

(iv) patient access; and 

(v) provider accreditation and licensing. 

(f) people born as a result of donated gametes, and their parents, may find it difficult to access information about their donor, obtain information about their genetic heritage and background or find and connect with siblings born from the same donor; 

(g) the Commonwealth Government is currently considering legislation regarding mitochondrial donation clinical trials with the intent to eventually become accessible through ART.

2. That this Assembly calls on the ACT Government to: 

(a) review the availability of support services for individuals and couples choosing to access ART to ensure that appropriate information and care are readily available – pre, during and post treatment;  

(b) investigate and review comparable ART regulatory arrangements in other states and territories;  

(c) consider establishing a regulatory framework for ART in the ACT, including consideration of the position of sexuality and gender diverse couples; 

(d) consider the establishment of a register that will contain mandatory information in relation to all births resulting from ART treatment where donor gametes are used; 

(e) support the welfare of donor conceived people by providing regulated access to identifying information about their donor and links to siblings from the central register looking to connect; 

(f) consider the potential impact of the Mitochondrial Donation Law Reform (Maeve’s Law) Bill 2021 currently being considered by the Commonwealth Parliament and related issues on the ACT’s current legislative arrangements;  

(g) consider the accessibility of ART for individuals coming from low socio-economic backgrounds; and 

(h) report back to the Legislative Assembly no later than August 2022 on findings.  

Marisa Paterson MLA  

20 April 2021