Applications to Queensland Health
The ART Act aims to protect donor-conceived people, intended parents, and donors — but in rare cases, it could lead to outcomes that are too harsh.
In some exceptional circumstances, an ART provider may ask us for approval to do something that is usually prevented under the Act.
A provider can ask to:
- exceed the limit on the number of donor-related Australian families
- exceed the time limit for using donated sperm, eggs or embryos
- use sperm or eggs when information is missing
- destroy records when keeping them is no longer required or appropriate
- use an embryo created with donated sperm or eggs before 19 September 2024, under section 148.
Decision-making process
Decisions must balance the interests of all the people involved against any potential harm. This includes donor-conceived people, the intended parent(s), and donors.
Who makes the decision
The Chief Executive of Queensland Health (the Director-General) makes the decision. They may also delegate to a senior officer, such as the Chief Health Officer, a Senior Director, or a Director. If complex clinical or ethical issues arise, we may ask for expert advice.
Core principles
- Free of bias: we are required to be objective and not influenced by personal, cultural, or systemic bias.
- Right to be heard: those affected by the decision will have a fair chance to provide relevant information before a final decision is made.
- Evidence-based and defensible: we consider relevant information and use sound reasoning. We will explain what information was relied on and why.
- Human rights: limiting rights will only occur when necessary, reasonable, and proportionate.
- Risks and benefits: we consider the potential benefits and harm for everyone involved, including people not yet born, to promote positive outcomes and minimise harm.
- Consistent: we make decisions in a consistent and transparent way, so people can understand how the decision was reached and what factors were considered.
- Affected individuals: we consider all those who may be impacted by a decision including the intended parent(s), any existing children, the future child, the donor, other donor-conceived siblings, and the donor’s own family.
- Impact-focused: we consider emotional, social and health-related impacts for all affected individuals.
- Balance: we carefully weigh the different needs and interests of each affected person to find an outcome that promotes overall wellbeing and reduces avoidable harm.
- Fairness: we aim to reduce unfairly harsh outcomes, while supporting, where possible, a person’s chance to have a child through their chosen treatment.