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Media ReleaseJennifer Morgan v GK - Access to IVF services by same sex couplesThe Queensland Anti-Discrimination Tribunal yesterday delivered its final judgement on the question of access to IVF services by same-sex couples. This issue has had a long history of litigation, including an application for special leave to the High Court. The issue for final determination by the Tribunal was whether it was reasonable for the Doctor to follow the policy guidelines set by the Health Department and various Ethics Committees which confined access to fertility clinics to heterosexual married or de-facto couples. The decision comes down to a very technical point. The Doctor received his licence to conduct and provide IVF services from Queensland Health on the express condition that he follows and complies with the Ethics Committee’s guidelines. Indirect discrimination - as this case involved - requires an assessment of the reasonableness in all the circumstances of the term or condition imposed. Because the Doctor was under a mandatory obligation to apply those guidelines - otherwise he would run the risk of losing his licence - and for a range of other reasons, Member Pagani ruled that it was reasonable for him to comply with those guidelines. However, aspects of the decision clearly leave open the possibility for future challenges to the guidelines themselves. Member Pagani ruled, "It was (and still is) open to Lesbian women to challenge the various bodies who define and implement policies and guidelines restricting these types of services." Further, Member Pagani refers to the guidelines unequivocally as "restrictive (discriminatory) guidelines." "This should send out a warning signal to both Queensland Health and all of the Ethics Committees involved in the setting of these guidelines," said Queensland’s Anti-Discrimination Commissioner today." "Although the complainant in this case has lost on a technicality, the ruling leaves the door open for Lesbian women in the future to challenge the current policies and guidelines set down for access to fertility clinics," the Commissioner said. "What might have been reasonable in 1994, in light of this decision may no longer be reasonable in the year 2001." Given the public interest in this case the Commission has placed the full text of the decision on the Commission’s website. It can be accessed at 5 pm on 23 May 2001 at www.adcq.qld.gov.au then click on media releases. Contact Details: Karen Walters |
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