Victorian Legislation on IVF

The Assisted Reproductive Treatment (ART) Act 2008 came into effect on 1st January 2010. The Victorian legislation requires that all ART patients undertake a Victorian Criminal (Police) Record Check and Child Protection Order Check, prior to commencing treatment.

The guiding principle behind this legislation is ensuring patients undergo the required checks before receiving treatment to help protect the unborn child. As a leading fertility clinic, Melbourne IVF does not agree with the requirements in the legislation, but we are obliged to comply with it.

Submitting your checks on time

In order to help patients commence treatment without delay, all patients will be required to submit their original Victorian Criminal (Police) Record Check to Melbourne IVF at least 48 hours prior to attending their new patient counselling appointment, or for existing patients without the checks, prior to the commencement of a new treatment cycle. Patients who live interstate will also be required to complete the Victorian Criminal (Police) Record Check process. For overseas patients, please refer to the ‘International Patients’ information below.

All patients are required to submit their Child Protection Order Check before, or on the day of, your new patient counselling appointment, and for existing patients without the checks, prior to the commencement of a new treatment cycle. A Working with Children Check is not permissible. If you need assistance completing your forms, please contact our Patient Liaison Administrators on 03 9473 4444.

Applying for the required checks

Criminal (Police) Record Check

The cost of the Victorian Criminal (Police) Record Check is payable by the applicant directly to Victoria Police. Please refer to Victoria Police website for current costs.  

To download an application form, go to the Victoria Police website and follow these steps:

1. Click on ‘Our services’.
2. Click on ‘Police Record Checks’.
3. Scroll down then click open the application form for ‘Online application form for the National Police Certificate’. A pdf document will download.
4. To ensure that your Criminal Record Check is admissible for ART treatment, tick the box in Section E, Option 1, ‘Contact with Children’. Also write in the free text box under Option 1 ‘IVF Applicant’, as shown here:

Once you have received your Criminal Record Check, you can either give it to a Melbourne IVF Patient Liaison Administrator or post it to:

Melbourne IVF
Attn: ARTA2008
10/320 Victoria Parade
East Melbourne VIC 3002

We will return the original Criminal (Police) Record Check to you once all administrative processes have been completed.

Child Protection Order Check

There is no fee associated with this check.

To apply for it, please follow these steps:

1. Go to the Department of Health website to download and print a ‘Request for Child Protection Order Check’ application form.
2. Click this link to download and print a 'Consent to authorise Melbourne IVF to request Child Protection Order Check' form. Alternatively, copies can be obtained from any Melbourne IVF clinic.
3. Return both forms to Melbourne IVF in person or post them to:

Melbourne IVF
Attn: ARTA2008
10/320 Victoria Parade
East Melbourne VIC 3002

We will send your application forms to the DHS. Once they are processed, the Department of Human Services (DHS) will send the Child Protection Order check statement directly to Melbourne IVF. The DHS will send the Child Protection Order Check statement directly to Melbourne IVF. The DHS will not accept direct applications from patients.  

Patients transferring from another clinic

Patients who are transferring to Melbourne IVF from another IVF clinic are required to submit their original Victorian Criminal (Police) Record Check to Melbourne IVF. You will need to reapply for the Child Protection Order Check through Melbourne IVF, as this is a legislative requirement.

International patients

Overseas patients are also required to comply with the ART Act 2008. Please contact the Patient Services Administrators on +61 3 9473 4444 to discuss your specific requirements.

Express your concern

At Melbourne IVF, we continue to express to the Victorian government our opposition to the ART legislation Criminal (Police) Record Check and Child Protection Order Check requirements. We also encourage patients and their families to contact their local member for parliament to express their concerns and personal experiences. You may also consider contacting ACCESS, the national infertility network that campaigns for the rights of patients undergoing treatment in Victoria.

More information

If you have concerns about information on your Criminal (Police) Record Check or Child Protection Order Check, and you want to discuss how this may affect your ability to begin ART treatment, please contact our Counsellor Manager, Marianne on 03 9473 4444.

If you have any other questions about the ART legislation, or need assistance applying for the required checks, please contact the Patient Services Administrators on 03 9473 4444.

Related links

If you want to read a copy of the legislation, you can download it from the Victorian Government website at ART Act 2008.
If you are considering applying for exemption, you will need to apply to the Patient Review Panel established under the ART Act 2008.