Research Involving Human Embryos (Corresponding State Law—VIC) Declaration 2018

Overview

The Research Involving Human Embryos (Corresponding State Law—VIC) Declaration 2018, enacted by the Minister for Health under the authority of the Commonwealth Research Involving Human Embryos Act 2002, identifies the Victorian Research Involving Human Embryos Act 2008 as a corresponding State law for the purposes of the federal legislation. This declaration addresses the need for national consistency in the regulation of research involving human embryos, which were created for assisted reproductive technology purposes and are surplus to the requirements of couples. The Research Involving Human Embryos Act 2002, which received Royal Assent on 19 December 2002, empowers the Minister to declare a State or Territory law as a corresponding State law, thereby ensuring alignment with federal provisions. The policy objective is to harmonise state and territory laws with the national framework, following an agreement reached by all jurisdictions at a Council of Australian Governments meeting in April 2002. This declaration is of a minor, machinery nature, and implements the agreement reached at the April 2002 COAG meeting, thus no consultation was undertaken. The declaration is compatible with human rights, as it does not raise any human rights issues and is consistent with the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Research Involving Human Embryos (Corresponding State Law—VIC) Declaration 2018 provides that the Research Involving Human Embryos Act 2008 of Victoria is a corresponding State law for the purposes of the Commonwealth Research Involving Human Embryos Act 2002 (RIHE Act). The Commonwealth Act, enacted to regulate the use of human embryos for research purposes where those embryos have been created for assisted reproductive technology and are surplus to couples' needs, allows the Minister to declare a State or Territory law to be a corresponding State law. This Declaration follows the agreement reached by all jurisdictions at a Council of Australian Governments (COAG) meeting in April 2002, where each State and the Australian Capital Territory committed to enacting their own legislation to achieve national consistency with the RIHE Act. The Victorian Act, enacted in compliance with this agreement, has been reviewed and found to mirror the Commonwealth legislation. The effect of the Declaration is to recognise the Victorian Act as corresponding State law under subsection 7(1) of the RIHE Act. This Declaration is compatible with human rights, as it does not engage any of the applicable rights or freedoms under the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Research Involving Human Embryos (Corresponding State Law—VIC) Declaration 2018, under subsection 7(1) of the Commonwealth Research Involving Human Embryos Act 2002 (RIHE Act), designates the Victorian Research Involving Human Embryos Act 2008 as a corresponding State law (subsection 7(1) RIHE Act). This means that the Victorian Act is recognised as being consistent with the national framework for regulating the use of human embryos in research, particularly where those embryos have been created for assisted reproductive technology and are surplus to the needs of the couples involved. The declaration aligns the Victorian Act with the RIHE Act to ensure a uniform approach across jurisdictions in the regulation of such research. The Victorian Act imposes several obligations on parties involved in research with human embryos. These obligations include ensuring that any research activities are conducted in accordance with the provisions of the Act and obtaining the necessary licences and approvals from the relevant authorities (sections 9 and 10, Victorian Act). Additionally, researchers must adhere to strict ethical guidelines and ensure that their research is for legitimate scientific purposes and is not intended for the creation of human embryos for implantation (sections 5 and 6, Victorian Act). The Act also mandates the establishment of ethics committees to review and approve research proposals (section 11, Victorian Act). Failure to comply with the provisions of the Victorian Act can result in significant consequences. Offences under the Act include conducting research without the required licence or approval, failing to comply with the terms of a licence, or conducting research in a manner that is not in accordance with the Act (section 16, Victorian Act). The penalties for these offences can include substantial fines and, in severe cases, imprisonment (section 17, Victorian Act). Additionally, researchers may face civil liability for any harm caused by their research activities (section 23, Victorian Act). The maximum penalties for offences can vary depending on the nature and severity of the breach, with fines potentially reaching up to $506,000 for corporations and $101,200 for individuals, along with possible imprisonment terms of up to five years (section 18, Victorian Act).