Criminal record check and a child protection order check

Victorian law requires that anyone having artificial insemination (AI) other than self insemination or assisted reproductive treatment (ART) procedures must undergo a criminal record check with Victoria Police and a child protection order check before they can be treated by an ART clinic.

If:

  • a criminal record check identifies that charges have been proven against a woman or her partner for a sexual offence*; or
  • the criminal record check identifies that a woman or her partner have been convicted of a violent offence*; or
  • a child protection order check specifies that a child protection order has been made removing a child from custody or guardianship of the woman or her partner, 

then a ‘presumption against treatment’ applies and the woman must not be provided treatment by a clinic. If this happens, you can apply to the Patient Review Panel for a review.

People storing eggs or sperm will not need to undergo these checks at the time of storage unless they are also having an ART or AI treatment procedure at that time (e.g. IVF to create embryos for storage).

While there is no expiry date for national police certificates, because each police check is accurate up to the day it is issued you may find that your clinic asks you to reapply for a certificate if enough time has passed since your previous application. It is up to each clinic to determine how often they will require a new check.

People who have current ‘working with children’ cards are still required to have both checks.

Applications for a criminal record check can be obtained from Victoria Police; there is a fee associated with this service. Child protection order checks can be obtained without charge from the Department of Health and Human Services via your clinic. You can contact your clinic to obtain the form giving them permission to arrange this check.

*referred to in clause 1 and 2 of Schedule 1 to the Sentencing Act 1991, respectively (http://www.austlii.edu.au/au/legis/vic/consol_act/sa1991121/sch1.html).

Related content

Refusal of treatment

 

Tip

Speak to your clinic about their individual processes and requirements for criminal record checks and a child protection order checks.