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The following information provides guidelines for applicants for Assisted Reproductive Treatment in Victoria.
Child protection order check
Under section 11(1)(d) of the Assisted Reproductive Treatment Act 2008, a woman seeking assisted reproductive treatment and her partner (if applicable) must give permission to their Assisted Reproductive Treatment (ART) provider so that the provider can undertake relevant child protection order checks. Providers have a form that clients must complete giving this permission.
To ensure the provider can undertake a check of the woman and her partner (if applicable), each applicant must supply relevant details using the request for a child protection order check form (download from the link below).
The completed forms must be given to the provider for processing. Applications will not be accepted directly from individuals.
Note, that where treatment procedures are being carried out by a medical practitioner other than a doctor carrying out treatment on behalf of a registered ART provider, the permission must be given to the doctor in charge of the woman’s treatment. Refer section 11(2)(b) of the Act.
Note, the requirement to give permission for a child protection order check and the need for the details also applies to all parties to a surrogacy arrangement. Refer section 42 of the Act.
Request for child protection order check form – 11 January 2010 (pdf, 77kb)
Request for child protection order check extra details form – 11 January 2010 (pdf, 39kb)
Criminal records check
Under the provisions of the Assisted Reproductive Treatment Act, prior to a treatment procedure being undertaken, a woman and her partner (if any) must provide a national criminal records check to the registered ART provider or in the case of treatment outside the clinic system to the doctor conducting the procedure.
This guide is provided to assist applicants to meet this legislative requirement.
Requirement for Australian citizen currently residing in Australia:
- Applicant and her partner (if any) must complete an Australian National Police Check (results must be sent to a Victorian address). Visit Victoria Police - Police Record Checks to download and complete an application form.
- If the applicant and her partner (if any) has resided overseas for a period of 12 months or more within the last 10 years they must also obtain a police check from that country. The applicant must contact the Consular Office of the appropriate country in Australia who will provide details on how to obtain a police check from that country.
Requirements for Australian citizen or non-Australian citizen currently residing overseas:
- Applicant and her partner (if any) must complete an Australian National Police Check through the Australian Federal Police
- Details of Australian National Police Check:
- Download and complete an application form from the Australian Federal Police website - National Police Checks
- The check takes approximately 15 working days to process
- The check will be sent to the address nominated by the applicant by regular post.
- Applicant and her partner (if any) must also obtain a police check from the country in which they are currently residing (if they have been a resident for a period of 12 months or more). Contact the police jurisdiction in the country of residence to have the check conducted. Police certificate must be provided directly to the clinic by the applicant.
Requirements for overseas citizen holding a current visa to remain in Australia and currently residing in Australia:
- Applicant and her partner (if any) must complete an Australian National Police Check (results must be sent to a Victorian address). Visit Victoria Police - Police Record Checks to download and complete an application form.
- If the applicant or her partner (if any) has resided overseas for a period of 12 months or more within the last 10 years they must also obtain a police check from that country. The applicant must contact the Consular Office of the appropriate country in Australia who will provide details on how to obtain a police check from that country.
Immigrants to Australia
If you have undergone a police record check prior to immigrating to Australia, you may access your records under the Privacy Act 1988. You must submit your request in writing to the Department of Immigration and Citizenship, including the completed form 424A. Please specify that the document that you are requesting at question 11 is your police clearance certificate.
An electronic version of the form is available from the Department of Immigration and Citizenship website. The Department of Immigration and Citizenship advises that this request should be sent to your nearest office. If you live in Melbourne, please send your request to the following address:
Parliamentary and Public Access
Department of Immigration and Citizenship
GPO Box 241
MELBOURNE VIC 3001
Please note
- For an Australian National Police Check conducted through Victoria Police, the
purpose of check on the application form must be selected as ‘Contact with
Children’ under ‘Option 1’
- For an Australian National Police Check conducted through Australian Federal Police, the purpose of check code should be Code 28.
