Please use this identifier to cite or link to this item: https://hdl.handle.net/1959.11/56307
Title: Access to Assisted Reproductive Technologies in Australia: Time for Legislative Change in Queensland and the Northern Territory to Remove the Ability to Discriminate Based on Relationship Status or Sexuality
Contributor(s): McGrady, Alisha (author); Smith, Malcolm (author); Allan, Sonia  (author)orcid 
Publication Date: 2023-06
Handle Link: https://hdl.handle.net/1959.11/56307
Abstract: 

This article examines legislative provisions in Queensland and the Northern Territory, which allow for assisted reproductive technology (ART) service providers to discriminate against people based on their relationship status and/or sexuality. We provide several arguments that add weight to the recent proposal of the Queensland Human Rights Commission that the relevant section of the Anti-Discrimination Act 1991 (Qld) be repealed, and extend our arguments to the Northern Territory. The provisions in both jurisdictions are out of sync with key legal developments in the rest of Australia, do not accord with societal views, and are potentially invalid due to federal law. Further, the Queensland provision is potentially incompatible with the Human Rights Act 2019 (Qld). Although currently ART service providers do not appear to discriminate based on relationship status or sexuality, the current legislative framework leaves open the potential to do so, without an avenue for those impacted to challenge it in law. We conclude such provisions should be repealed.

Publication Type: Journal Article
Source of Publication: Journal of Law and Medicine, 30(1), p. 191-211
Publisher: Lawbook Co
Place of Publication: Australia
ISSN: 1320-159X
Fields of Research (FoR) 2020: 480406 Law reform
480412 Medical and health law
Socio-Economic Objective (SEO) 2020: 230405 Law reform
Peer Reviewed: Yes
HERDC Category Description: C1 Refereed Article in a Scholarly Journal
Publisher/associated links: https://search.informit.org/doi/10.3316/agispt.20230725091926
Appears in Collections:Journal Article
School of Law

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