Key messages
- On 29 October 2024, the Health Legislation Amendment (Regulatory Reform) Bill 2024 received Royal Assent and became an Act of the Parliament of Victoria.
- The Health Legislation Amendment (Regulatory Reform) Act 2024 (the Act) makes reforms to health regulation in Victoria to better protect Victorians and provide greater consistency to regulation across the health system.
- This includes reforms to the regulation of assisted reproductive treatment (ART) under the Assisted Reproductive Treatment Act (ART Act).
- In summary, the reforms include transferring responsibility for ART regulation from the Victorian Assisted Reproductive Treatment Authority (VARTA) to the Department of Health (the department), changes to the functions currently undertaken by VARTA, and improvements to the compliance and enforcement tools available to regulate ART.
- There have also been amendments to the Assisted Reproductive Treatment Regulations (ART Regulations), which are necessary to ensure that the amended legislation operates as intended.
- These reforms will come into effect on 1 January 2025
In December 2023, the Minister for Health announced the establishment of the Health Regulator – a new branch of the department responsible for most of the department's regulatory functions. The Minister also announced that proposed reforms to ART regulation in Victoria were being developed, including transferring responsibility for the regulation of registered ART providers from VARTA to the Health Regulator.
Consultation and feedback
In May 2024, the department consulted with stakeholders by publishing a consultation paper. Feedback on the consultation paper informed the design of the proposed reforms and continues to inform planning and implementation. A consultation summary is available, see Reforms to health regulation in Victoria
Legislative changes
On 13 August 2024, the Victorian Government introduced the Health Legislation Amendment (Regulatory Reform) Bill 2024 (the Bill) into the Parliament of Victoria. On 29 October 2024, the Bill received Royal Assent and became an Act of the Parliament of Victoria.
The Health Legislation Amendment (Regulatory Reform) Act 2024 (the Act) makes reforms to health regulation in Victoria to:
- Improve compliance and enforcement powers across the health system.
- Change how ART is regulated in Victoria and the functions currently delivered by VARTA.
Updates to ART regulations
Amendments have also been made to the ART Regulations, as required to give effect to the changes made to the ART Act. For example, the updated ART Regulations set out details of:
- Matters that must be certified when donor gametes, or embryos formed from them, are moved into or out of Victoria.
- Information to be provided to individuals engaging with the Donor Conception Registers, to assist them in navigating issues that might arise.
Details of the updates to the ART Act and ART Regulations are in the Assisted reproductive treatment reform guide.
More information
For more detailed information on the regulation of ART and ART providers following these changes, see Assisted reproductive treatment regulation. Information on the Donor Conception Registers following these changes will be available soon.
For more information about the reforms, email the department's Legislative and Regulatory Reform Team legandregreform@health.vic.gov.au.
Reviewed 18 December 2024