Queensland laws which would force IVF providers to notify authorities of 'serious adverse events' delayed six months
Earlier this year, Monash IVF "voluntarily" told Queensland Health about a bungle at its Brisbane clinic, where a patient gave birth to a baby that was not genetically related to her.
That case and another more recent embryo mix-up in Melbourne have put the national spotlight on IVF regulation.
The next stage of Queensland's Assisted Reproductive Technology (ART) Act was meant to come into effect in September, however the Crisafulli government on Wednesday confirmed it will be deferred until March so it could "undertake proper consultation with stakeholders'.
As well as mandatory "serious adverse event" notifications for providers, the laws would give Queensland Health the power to issue an improvement notice to ART providers to minimise health and safety risks.
It would also allow authorities to place conditions on, as well as suspend or cancel, a provider's licence.
Serious adverse events could involve "significant medical or surgical conditions" resulting from assisted reproductive treatment, breaches of law, or gamete or embryo identification mix-up, according to the bill's explanatory notes.
The government said the decision to defer stage two of the laws from September to March was based on the advice from the chief health officer.
"The six-month deferral will provide Queensland Health with sufficient time to consult on the draft ART Regulation 2025 that is required to operationalise the next stage of the Act," Health Minister Tim Nicholls said in a statement.
His office foreshadowed likely amendments to the laws.
The government said since the first stage of the act had come into force, some providers had paused IVF treatment for certain patients over concerns about meeting the new requirements.
The ABC has previously reported on the case of one Queensland IVF patient who had to cancel her embryo transfer because it did not comply with the new laws, only to be later told she could go ahead with her treatment.
The government also cited concerns about a lack of consultation before the laws passed.
"When it comes to helping families experience the miracle of life, we must ensure the IVF industry is well-regulated while also resolving the major issues created by Labor rushing through laws," Mr Nicholls said.
"This is a sensible pause while government works to get the regulation right. Families deserve clarity and care and that starts with proper consultation."
Shadow Health Minister Mark Bailey was critical of the delay.
He said the legislation followed what had already been "exhaustive" consultation over several months as well as an investigation by the Health Ombudsman.
But a Queensland Health spokeswoman said delaying the implementation would give the department more time to consult with the donor-conceived community and fertility providers.
"It is critical Queenslanders have confidence in assisted reproductive services and that [the] industry understands its obligations, which is why we must get the legislative reforms right," she said.
"The revised implementation date does not change our commitment to prioritising the health and wellbeing of people accessing ART services.
"We will continue to work closely with ART providers to ensure they have rigorous safeguards in place to identify and mitigate potential risks."
Family creation lawyer Sarah Jefford said it was "not the time to be holding back on these reforms given there's already a lack of trust in the community towards fertility providers".
She also said there should be an independent national framework for fertility providers.
In June, the nation's health ministers agreed to a three-month rapid review of the IVF sector following the second Monash IVF bungle.
Queensland Health said delaying the next stage of the laws would allow the department time to consider the outcomes of that national review.
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