New legislation to bolster Victorian IVF protections

Legislation will today be introduced into the Victorian Parliament to amend theĀ Assisted Reproductive Treatment Act 2008 to give the Department of Health stronger powers when assessing fertility service providers for accreditation.

The move follows a series of concerning and distressing incidents at private IVF providers that resulted in a national rapid review in 2025, led by the Department.

The review looked at the regulation and accreditation of the assisted reproductive technology (ART) and IVF sector. It identified significant shortcomings in the current national system, including a lack of consistency across states.

The new legislation supports the implementation of key recommendations from the review. This includes stronger accreditation requirements for fertility providers under a new national scheme.

It will be led by the Australian Commission on Safety and Quality in Health Care and means tougher scrutiny to obtain accreditation.

The Commission is currently developing the accreditation framework to be rolled out in 2027. Unlike the current system, the changes will mean registration is no longer directly linked to accreditation. It allows Government to act independently in making decisions on a provider’s registration status and authority to operate in Victoria.

Providers will be expected to meet strict new standards to maintain their accreditation. This includes performance metrics, workforce guidance and safety requirements for new technologies.

ā€œVictorian families deserve to have confidence that their IVF provider is held to the highest standards, and that the fertility care they are getting is subject to rigorous oversight,” said Minister for Health, Harriet Shing.

ā€œThis reform will require providers to meet strict new rules to maintain their accreditation, and will sit alongside the Commonwealth’s work to fix inconsistencies between states.ā€

The amendments will also introduce a standard three-year registration period.

This timeframe can be shorter if the Department identifies any concerns or risks with a provider.

A new power will also give the Minister for Health the discretion to intervene and cancel a provider’s registration.

The legislation also broadens Department powers to enter a provider’s premises, inspect and seize equipment or documents.

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