Refusal of treatment

If you are refused treatment by a clinic you can apply to the Patient Review Panel for a review of the decision.

One of the reasons that a person may be refused treatment by their clinic is if the criminal record check or child protection order check identifies any issues. In this case, a ‘presumption against treatment’ would apply and the woman seeking assisted reproductive treatment (ART) would not able to be treated by a clinic.

Treatment may also be denied because a registered ART provider or doctor is concerned that there is a risk of abuse or neglect of a child who may be born as a result of treatment, or treatment is sought where a person does not meet the eligibility criteria under the legislation.

The Patient Review Panel then considers whether a person's individual circumstances provide sufficient reason to deny treatment. When considering the application, the Patient Review Panel must keep in mind:

  • the guiding principles of the Assisted Reproductive Treatment Act 2008
  • whether the treatment procedure is to be undertaken for therapeutic reasons, and 
  • the best interests of the child to be born.

When determining on an application for review, the Patient Review Panel may impose any conditions that it considers necessary and reasonable in the circumstances. 

If the Patient Review Panel determines that a barrier to treatment applies, an application can be made to the Victorian Civil and Administrative Tribunal (VCAT) for a review of a Patient Review Panel decision. This application must be made within 28 days of the decision being made. 

Patient Review Panel

Related content

Criminal record check and a child protection order check