What is the Patient Review Panel?
The Patient Review Panel (the panel) is established under section 82 of the Assisted Reproductive Treatment Act 2008 (Vic) (the ART Act) and is independent of the Department of Health (the Department) and assisted reproductive treatment (ART) providers. The role of the panel is to consider applications relating to:
- surrogacy arrangements where treatment is to occur in Victoria (ss39-45)
- posthumous use of gametes and embryos (ss46-48)
- where a registered ART provider or doctor reasonably believes that a child that may be born would be at risk of abuse or neglect (s15(1)(c))
- where an applicant does not meet the criteria for treatment (s10(2)(a) and s15(1)(b))
- requests for an extensions of storage period of gametes or embryos or the removal of embryos from storage (ss31-34A)
- the use of pre-implantation genetic diagnosis for the purpose of sex selection (s28(2)(b)).
The ART Act further provides that the panel may perform any other functions given to it by the Minister for Health (s85(1)(g)).
In carrying out its functions, the panel ensures that the guiding principles of the ART Act (s5) are considered at all times. The guiding principles of the ART Act are that:
- the welfare and interests of persons born or to be born as a result of treatment procedures are paramount
- at no time should the use of treatment procedures be for the purpose of exploiting, in trade or otherwise -
- the reproductive capabilities of individuals or
- children born as a result of treatment procedures
- children born as the result of the use of donated gametes have a right to information about their donors
- the health and wellbeing of persons undergoing treatment procedures must be protected at all times
- persons seeking to undergo treatment procedures must not be discriminated against on the basis of their sexual orientation, marital or relationship status, gender identity, sex characteristics, race or religion.
The panel is further guided by any other relevant legislation and the National Health and Medical Research Council’s Ethical guidelines on the use of assisted reproductive technology in clinical practice and research (2017).
Composition of the panel
Members, including the chairperson and deputy chairpersons, are appointed to the panel by the Governor in Council (s83) for a period of no longer than 3 years (s86 and s87(A)).
Applications to the panel are considered by a full division of the panel consisting of the chairperson, a deputy chairperson and 3 other members, at least one of whom has expertise in child protection (s85(3).
Applications for an extended storage period of gametes or embryos or the removal of embryos from storage (s31-34A) may be determined by the chairperson or a single member determined by the chairperson (s85(2)(b)), however, in practice applications of this nature are more commonly considered by a full division of the panel.
Panel members
The panel currently consists of 13 members, including the chairperson and 3 deputy chairpersons.
Support staff
The panel is not authorised to employ staff so is supported by the following Department of Health staff:
- Ms Anne Mullins - Manager/Associate
- Mr Nikolous Armstrong - Senior Project Officer
- Ms Samantha Redding - Senior Solicitor (currently on leave)
- Administration Officer (Position Vacant)
Information about hearings
Frequency and format
The panel holds regular hearings every month to consider applications except for January. Panel hearings are not open to the public.
Panel hearings are conducted as simply and as straightforward as possible.
Applicants are entitled to be present, to make submissions and have a support person with them.
Attendance at the hearing
With the exception of most storage applications, every party to an application should attend the hearing.
For example in a surrogacy application, this would be:
- the intended parent or parents
- the surrogate mother and her partner (if she has one)
- any donors and their partners.
If, for whatever reason, a party to an application is unable or does not want to attend their hearing date, then the panel should be advised, via email to prp@health.vic.gov.au as soon as possible.
However, if they don't attend their hearing, it is possible their application may not be approved. Alternatively, their hearing may be adjourned to a more suitable hearing date if the panel is not able to make a decision in their absence.
Legal representation and nature of legal evidence
There is no right to legal representation at a panel hearing unless prior leave has been granted by the panel. Requests for legal representation should be made in writing to the Chairperson via email to prp@health.vic.gov.au
Applicants should note that the panel is bound by the rules of natural justice. This means that any person who may be affected by a decision of the panel has the opportunity of a fair and unbiased hearing before the decision is made.
The panel is not, however, bound by the rules of evidence, which means that it may inform itself in any way it thinks fit.
Requests for an interpreter
The panel can arrange for an interpreter at a hearing to assist applicants from non-English speaking backgrounds. An interpreter must be provided through a professional agency and not by a support person.
A request must be made prior to the hearing date, and the panel will pay for any costs involved.
Review process and further information
Upon receipt, your application will be reviewed by panel staff and you will be advised whether any additional information or documents are required. Panel staff may also liaise directly with your clinic regarding your application.
The panel receives a high volume of applications. There can be a wait of up to three months (sometimes more depending on the caseload of the panel at the time of scheduling), before your matter is listed for hearing.
Incomplete applications or applications that are not yet ready to be listed for hearing will not be allocated a hearing date, nor is it possible to reserve a hearing date in advance.
Applicants to the panel can request an out-of-session hearing at short notice if they require urgent assisted reproductive treatment for a medical reason. This request should be in writing via email to prp@health.vic.gov.au and supported by a letter from a doctor.
Upcoming panel hearing dates
- Friday 17 May 2024
- Tuesday 4 June 2024
- Wednesday 19 June 2024
- Monday 22 July 2024 (morning only)
- Tuesday 13 August 2024 (morning only)
- Wednesday 28 August 2024 (afternoon only)
- Thursday 19 September 2024 (morning only)
- Monday 14 October 2024
- Friday 15 November 2024
- Tuesday 3 December 2024
- Monday 16 December 2024
- Thursday 6 February 2025 (morning only)
- Friday 21 February 2025
- Tuesday 11 March 2025 (morning only)
- Wednesday 2 April 2025
- Wednesday 23 April 2025
- Friday 16 May 2025 (morning only)
- Monday 2 June 2025
- Tuesday 17 June 2025 (morning only)
Applications and outcomes
Application forms
The Patient Review panel considers applications for a range of procedures related to assisted reproduction.
Sex selection
Use this application form if you and your partner (if applicable) seek approval to select the sex of your child.
Applications can be made by completing the below application:
More information can be found in the below guidance note:
Posthumous use of gametes
Use this application form if your partner is deceased and you wish to use their gametes or embryos formed from their gametes in an ART procedure.
Applications can be made by completing the below application:
More information can be found in the below guidance note:
Removal of embryo from storage
Use this application form if you currently have embryos in storage at an ART provider and you wish to remove those embryos from storage but the other gamete provider does not agree to that removal.
Applications can be made by completing the below application:
There is not currently a panel Guidance Note for Embryo Removal applications.
Extension of storage for embryos
Use this application form if you and/or your partner (if applicable) have embryos currently in storage at an ART provider and you wish to extend that storage.
Applications can be made by completing the below application:
More information can be found in the below guidance note:
Extension of storage for gametes
Use this application form if you have sperm, eggs or ovarian tissue (ie. gametes) currently in storage at an ART provider and you wish to extend that storage.
Applications can be made by completing the below application:
More information can be found in the below guidance note:
Surrogacy arrangement
Use this application form if you and your partner (if applicable) are seeking to enter into a surrogacy arrangement.
Applications can be made by completing the below application:
More information can be found in the below guidance note:
Risk of Abuse or neglect
Use this application form is you have been refused treatment at an ART clinic due to them reasonably believing that a child that may be born as a result of a treatment procedure carried out would be at risk of abuse or neglect.
Applications can be made by completing the below application:
There is not currently a panel Guidance Note for Risk of Abuse or Neglect applications.
Criteria not met
Use this application form if you and/or your partner (if applicable) do not meet the criteria for treatment stated in Section 10(2)(a) of the Assisted Reproductive Treatment Act 2008 (the ART Act).
Applications can be made by completing the below application:
There is not currently a panel Guidance Note for Criteria Not Met applications
Applications received by the panel by year
2010 | 2011 | 2012 | 2013 | 2014 | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 | 2021 | 2022 | 2023 | Grand Total | |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Criteria not met | 50 | 0 | 1 | 2 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 1 | 0 | 55 |
| Posthumous use of embryos/gametes | 2 | 6 | 3 | 6 | 4 | 4 | 4 | 2 | 2 | 5 | 2 | 10 | 3 | 8 | 61 |
| Presumption against treatment | 44 | 36 | 27 | 23 | 18 | 17 | 27 | 23 | 16 | 29 | 12 | -* | -* | -* | 272 |
| Risk of abuse and/or neglect | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 |
| Sex selection | 1 | 7 | 9 | 13 | 9 | 15 | 16 | 7 | 9 | 9 | 18 | 21 | 14 | 12 | 160 |
| Surrogacy arrangement | 5 | 13 | 12 | 13 | 18 | 27 | 30 | 30 | 32 | 23 | 41 | 44 | 39 | 41 | 368 |
| Storage applications | 279 | 234 | 124 | 176 | 398 | 235 | 273 | 272 | 344 | 354 | 366 | 468 | 531 | 853 | 4907 |
| Extension of storage of eggs/ovarian tissue | 48 | 16 | 2 | 2 | 136 | 11 | 31 | 34 | 39 | 41 | 43 | 34 | 75 | 145 | 657 |
| Extension of storage of embryos | 152 | 108 | 60 | 84 | 144 | 127 | 160 | 126 | 172 | 179 | 205 | 203 | 232 | 283 | 2235 |
| Extension of storage of sperm | 77 | 108 | 61 | 88 | 116 | 97 | 82 | 112 | 132 | 134 | 117 | 229 | 223 | 423 | 1999 |
| Removal of embryos from storage | 2 | 2 | 1 | 2 | 2 | 0 | 0 | 0 | 1 | 0 | 1 | 2 | 1 | 2 | 16 |
| Grand Total | 382 | 296 | 176 | 233 | 447 | 298 | 350 | 334 | 404 | 420 | 439 | 543 | 588 | 914 | 5824 |
*The Assisted Reproductive Treatment Amendment Bill 2020 came into effect on 8 July 2020 removing the requirement that those seeking IVF treatment undergo a police check and a child protection order check. As such, the Panel ceased receiving/considering presumption against treatment applications from that date.
Completing an application form
Download the relevant application form. All the necessary forms are available to download from this page.
Each form includes an information sheet with instructions on how to complete the application. Detach the information sheet before scanning.
If you have any questions or concerns about completing an application, please contact your Assisted Reproductive Treatment (ART) provider in the first instance.
Sending an application form
Applications MUST be sent by email to prp@health.vic.gov.au
All physical mail is digitised so there may be delays in its receipt. As such, it is recommended to only send documents to the panel via email.
Please also provide a copy of your application to your ART provider, or submit it to the Patient Review Panel through your ART provider.
After the panel receives an application
After the panel receives your application, it will be reviewed by panel staff and you will be notified of your hearing date in due course.
You will be advised whether you need to attend a hearing before the panel, or whether the matter will be determined without the need for you to attend.
Generally, you will need to attend a hearing if the application is for surrogacy arrangements, posthumous use of gametes and embryos, criteria not met and a review of a refusal to treat because of a risk of abuse or neglect to a child.
You may not need to attend a hearing if the application is for extended storage periods of gametes or embryos.
Attendance at a hearing will be via videoconference. Details of how to participate in a videoconference hearing will be provided to you before your hearing date. If you have concerns about attending via videoconference, please contact panel staff via email: prp@health.vic.gov.au
Notice of the hearing
If you need to attend a hearing, you will be served with a notice of the hearing that states:
- the nature of the hearing
- the date and time of the hearing
- that the applicant is entitled to attend the hearing, to make submissions and to be accompanied by another person
- that the hearing will not be open to the public
- that there is no right to legal representation at the hearing without leave from the panel
- the possible findings or orders that the panel may make.
Outcomes and decisions of the panel
The panel must inform you of its decision within 14 days of making a decision regarding your application. Please note that this may not be the same day as the hearing of your application and, for complex matters, may occur sometime afterwards.
Hearing outcomes are provided on a certificate that sets out the panel’s decision. The panel will provide written reasons for the decision.
A copy of the certificate will be forwarded to your assisted reproductive treatment clinic.
Previous decisions
Under s. 96 of the Assisted Reproductive Treatment Act 2008, an application may be made to the Victorian Civil and Administrative Tribunal for a review of the panel’s decision.
An application for review must be made within 28 days after the day on which the decision is made (s. 98).
See below examples of reviews of the panel’s decisions to assist patients, clinics and legal representatives in understanding how the panel is likely to approach its decisions.
- JS and LS v Patient Review Panel (Health and Privacy) [2011] VCAT 856 (8 April 2011)
- Patient Review Panel v ABY & ABZ [2012] VSCA 264 (26 October 2012)
- PQ v Patient Review Panel (Health and Privacy) [2012] VCAT 291 (4 May 2012)
- HA v Patient Review Panel (Human Rights List) [2013] VCAT 1628 (27 September 2013)
- TRV v Department of Health and Human Services (Human Rights) [2015] VCAT 1188 (5 August 2015)
- CPA v Patient Review Panel (Human Rights) [2016] VCAT 1555 (15 September 2016)
- OMU and RGJ v Patient Review Panel and Secretary to the Department of Health and Human Services (Human Rights) [2018] VCAT 1235 (6 August 2018)
- XVT v Patient Review Panel (Human Rights) [2018] VCAT 1902 (30 November 2018)
- KEH v Patient Review Panel (Human Rights) [2023] VCAT 979 (4 September 2023)
- ZYU v Patient Review Panel (Human Rights) [2023] VCAT 1306 (24 November 2023)
- QIR v Patient Review Panel (Human Rights) [2024] VCAT 162 (23 February 2024)
Updated