Anyone in VIC done the police check required to continue or commence IVF post-July?

[sammiejam]

OK, this seems to be a violation of Human Rights under The Disability Discrimination Act of 1992 which makes "disability discrimination unlawful and aims to promote equal opportunity and access for people with disabilities."

It may also fall under the Sex Discrimination/Equality Act of 1984 which states that between men and women is a principle that lies at the heart of a fair and productive society. It is also the key goal of the Sex Discrimination Act 1984, which aims to eliminate discrimination and sexual harassment and promote greater equality in all aspects of the Australian community. Thats the same piece of legislation that makes discriminating against pregnant women illegal.

I cannot believe this has actually happened. If I was in Vic I would be contacting the Human Rights Commission. This cannot be allowed to continue. Procreation is a BASIC HUMAN RIGHT and there is NO WAY IN HELL that there should be criminal record checks done on people that are seeking medical help. I am so angry about this I could scream! Sorry about all the CAPS ladies but this entire situation is CRAZY.

[HotI]

Is requiring assisted fertility considered a disability? (thinking legally)

[buliej]

This is all very interesting (and it makes me want to scream and type in all caps as well).

I am not sure of legal definitions but it certain fits under "medical condition" which very well could trigger application of the Disability Discrimination Act (I'd google but I don't have the time at the moment - maybe over the weekend).

I do not see how it could violate the sex discrimination act as it is not discrimating by favoring men over women or women over men. BUT it is discriminating against people of both sexes who have medical reasons for needing assistance.

Interesting suggestion about contacting the Human Rights Commission...hmmm...maybe another weekend activity to look into this.

[sammiejam]

I think most of the medical conditions that lead to the need for AC could be concidered "a disability" . The definition under the law is:

"The Disability Discrimination Act (DDA) defines a disabled person as someone who has a physical or mental impairment that has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities."

I think for a woman, becoming pregnant is a normal day-to-day activity. (albeit a very special activity lol)
Forcing women who are unlucky enough to suffer a condition that prevents them carrying out that "normal activity" to undergo the indignity of submitting to criminal record and Child Protection checks is both absurd and disgusting.

[buliej]

Sammiejam - sounds to me like you are right - this triggers the DDA. I think that someone would be hard pressed to argue that getting pregnant is not a "normal" activity for a woman...maybe not every day of their life but I think it does fit into normal.

I couldn't agree with you more about how objectionable this is. Unfortunately, although one can pursue arguing about this, I think that most of us will also go ahead and order the check so as to not delay treatment. Not to say we can't argue at the same time, but I don't think the option of taking a moral stance while arguing with the powers that be is a real option...at least not for an old lady like me! A rock and a hard place I guess.

[sammiejam]

Until someone is actually turned away from having a cycle due to the checks, there is nothing to argue. I hope that the first person that this happens to decides to fight it via the HRC. People have won cases for lesser things!

Its just ridiculous! Where will they stop? Sterillising women in prison? That would only be "fair" under this legislation. (not really but thats essentially what they are doing. If you have committed certain crimes and happen to be infertile then OH-OH, sorry! No right to procreation for you!)

[Bengal]

It makes one wonder if there is a secret political coalition, plotting against, the fertility challenged women of Australia, first the safety net issue, and now this.

Are they trying to make IVF only available to a certain "class" of society ?

I cannot see this as something the individual clinics would be bringing in, as this would be detrimental to their existance, someone, some where is getting the ball rolling on these issues.

Where do these ideas come from, to pass a bill (?) don't you have to have fair and reasonable objections to even get this granted.

[buliej]

Definitely not supported by the clinics & I think they fought it when it was introduced.

I spent a while on the phone yesterday with the woman at Monash IVF who is in charge of this issue. They do not support this at all (they certainly don't need the headache, don't want the obligation, and don't want patients who are justifiably upset about having to go through this and possibly delay their cycle commencement...I do also think that they object on the same grounds that we all find this so problematic).

Keep in mind this was slipped (I am choosing the word slipped - I don't know who actually introduced this aspect and the negotiations surrounding it...in the US we have Congressional records which would have this info - do you have this here?) into the most recent Reproductive Act passed in Victoria (I can't remember the full name). From what I've read (and I've only read about it since learning of this check), the act actually contained a lot of good provisions (some helping gay couples and a few others that people were probably looking for for some time) - but some politician who obviously has "issues" with IVF seems to have been able to negotiate in this horrendous provision - and when the whole Act passed, this provision was passed too. I guess some people would argue that the overall benefits of the Act outweigh the negatives. I don't agree with this argument - there is no good reason for including such a discriminatory and outrageous provision.

[princess melli]

I am in the process of filling this paperwork out too-it makes me so angry!!!!
Child protection?????? Anyone undertaking assisted reproduction clearly WANTS a child and deserves the same rights as those who conceive naturally.
These laws are insane and discrimintory!

22/08/2009-ICSI Boy

[beautiful_stars]

I think it is completely discriminatory for Victorian couples to have to undergo these police checks which is why I have picked the topic for my yr11 persuasive speech. I would be really grateful to anyone who could share their personal experiences and/or offer their opinion on the issue.
Thanks so much guys

[princess melli]

I think it is completely discriminatory for Victorian couples to have to undergo these police checks which is why I have picked the topic for my yr11 persuasive speech. I would be really grateful to anyone who could share their personal experiences and/or offer their opinion on the issue.
Thanks so much guys

I am available to give my opinion......
What a great issue to cover