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
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Smith, Malcolm
Allan, Sonia
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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of the Queensland Human Rights Commission that the relevant section of the Anti-Discrimination Act 1991 (Qld) be repealed, and extend our arguments to the Northern Territory.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 We conclude such provisions should be repealed.
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Journal of Law and Medicine
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30
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1
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© 2023 Thomson Reuters. This article was first published by Thomson Reuters in the Journal of Law and Medicine and should be cited as McGrady, A., Smith, M., & Allan, S. 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. (2023) 30 JLM 191. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase.
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Other law and legal studies
Health services and systems
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Social Sciences
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Government & Law
assisted reproductive technology
access to assisted reproductive services
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Smith, M; McGrady, A; Allan, S, 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, Journal of Law and Medicine, 2023, 30 (1), pp. 191-211