Woman fill in forms 300x200.Victorian Legislation Requirements: IUI and IVF treatment

In the state of Victoria, under the provisions of the Assisted Reproductive Treatment (ART) Act 2008, prior to a treatment procedure being undertaken a woman (and partner if applicable) must provide the treating clinic with:

  1. Child Protection Order Check(s) from the Department of Human Services (DHS)
  2. Criminal Record (Police) Check(s)
  3. Undergo counselling

The clinic must receive these prior to the commencement of treatment and before any medication can be dispensed to the patient.


Applying for the required checks

Child Protection Order Check(s)

Please contact Rainbow Fertility Patient Services Administration team on 1300 522 588 for more information regarding Child Protection Checks. A copy of the required “Child Protection Order Check Application Form” can be found here, along with the associated “Child Protection Order Checks Fact Sheet for applicants

Please download the Child Protection Order Check application form and save to your computer.  The form needs to be filled in electronically and saved to your computer using your name as the document title e.g. Sam Smith, before uploading and attaching to an email.  Please send the completed form via email to: infomelb@rainbowfertility.com.au

Please ensure that you complete the declaration and consent section before sending the form to the clinic.  The clinic will forward these to the DHS on your behalf. Please note the DHS will not accept forms directly submitted to them by patients.

Please note that both the patient and partner (if applicable) are required to complete a Child Protection Order Check Application Form.

Child Protection Order Checks can take up to 15 working days to process so please submit your forms allowing plenty of time before you wish to start your treatment. Please note commencement of your treatment will be delayed if Child Protection order checks are not back in time.

There is no fee associated with these checks.


Criminal (Police) Record Check(s)

Victorian Residents

Both you and your partner (if applicable) will need to apply directly to the Victoria Police for a police check. To download an application form, go to the Victoria Police Website.

Please note that the type of check and purpose of the check is very specific so please follow the steps below to ensure that the type of police check obtained is correct. A working with children or any other police check will NOT be accepted.

  • Click on “Our services”
  • Click on “Police Record Checks”
  • Scroll down then click open the application form for “Online application form for the National Police Certificate”. A PDF document will download.
  • At Section “A: Type of check required” – select National Name check as shown here


  • In “Section E: Purpose of Check – Option 1” – select Contact with Children and underneath the Healthcare box please type IVF applicant as shown in the below example


Police checks can take up to 15 working days or longer to process so please allow plenty of time for submission and processing before you wish to commence treatment. Commencement of your treatment will be delayed if police checks have not been received by the clinic in time.

Once you have received your police checks please bring them into the clinic to be sighted by our counsellor. We can only receive original police checks and photocopies will not be accepted.

The cost of the police checks is payable to the Victoria police upon application and is per check completed. Please refer to the Victoria Police website for current fees.

Once the clinic has sighted your Police check we will return the original certificate to you for your records.


International and Interstate Patients

Overseas and Interstate patients are also required to comply with the ART Act however, they will need to apply for a police check with the Australian Federal Police.

Please contact our Patient Services Administrators on 1300 522 588 for more detailed information on the specific requirements.



Another requirement of the ART Act 2008 is that all patients’ undergoing ART in Victoria must undertake mandatory counselling before commencing a cycle.

Our counsellors are available for appointments during business hours or after hours/weekends at their private consulting rooms.

Both patient and partner (if applicable) will need to attend the counselling session. The duration of the appointment and how many sessions are required will depend on your treatment plan.

Please contact Rainbow Fertility Patient Services Administration team on 1300 522 588 to organise an appointment.



Patients Transferring to Rainbow Fertility from another Victorian IVF clinic

Patients transferring to Rainbow Fertility from another IVF clinic will need to provide us with the following documentation in regards to legislative requirements:

  • Police checks – Original police certificates obtained from previous treatment are acceptable as long as the police certificate has the correct reason for the check printed on it (Contact with Children and IVF applicant). We can only accept the original and will not accept photocopies.
  • Child Protection Order checks – You will need to re-apply for Child Protection Order checks through Rainbow Fertility as this is a legislative requirement. Please see the section above for the appropriate links to forms or contact the clinic for the appropriate application forms.
  • Counselling – You will need to approach your previous clinic and ask for either counselling notes or a statement from the counsellor that you have attended the required counselling with a counsellor who provides services on behalf of a registered IVF provider.


Express your Concern

Rainbow Fertility encourages patients, partners and families to contact their local member of parliament to relay any concerns or misgivings regarding the ART legislative requirements for a Criminal (Police) Record Check and Child Protection Order Check requirements.


At Rainbow Fertility, our specialists have extensive experience in helping create LGBTI families. Feel free to contact our friendly team to learn more about our donor program and the fertility treatment options available to you.

Call: 1300 222 623
email: info@rainbowfertility.com.au




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Rainbow Fertility has a responsibility to provide Assisted Reproductive Technology (ART) based on relevant state or federal laws and guidelines. All individuals/couples are encouraged to obtain their own legal advice regarding the relevant legislation applying to their circumstances.