Victoria’s new fertility watchdog did not carry out a single enforcement action in its first five months regulating the sector, despite the state government publicly pushing for stronger safeguards over high-profile bungles.
The lack of action by the Victorian Health Regulator (VHR) has raised concerns from the Greens and fertility patient advocates over the new watchdog’s ability to oversee highly lucrative private IVF clinics.
Credit: Monique Westermann
In response to a question on notice from the Greens during a recent parliamentary hearing, the VHR confirmed last week that it had yet to begin any formal processes concerning any Victorian clinic.
“There have been no improvement notices, prohibition notices or enforceable undertakings issued to date,” a response to the parliamentary accounts and estimates committee said.
The Allan government wound up the Victorian Assisted Reproductive Treatment Authority last year over concerns it had been applying only a light touch in regulating the state’s fertility sector. The government handed regulation of IVF clinics to the newly formed VHR from January 1 this year.
Since then, the fertility industry has come under intense scrutiny over embryo bungles at Monash IVF’s Brisbane and Clayton clinics, prompting Australia’s health ministers to commission a national review into regulation of the sector.
Victorian Health Minister Mary-Anne Thomas.Credit: Simon Schluter
Despite Victorian Health Minister Mary-Anne Thomas’ vocal support for tougher regulation, the latest disclosure reveals the Health Department-controlled VHR is yet to take any action against clinics.
The state government declined to answer questions from The Age as to what, if any, proactive measures the VHR was undertaking to determine whether adverse events were occurring in Victoria’s assisted reproductive technology sector.
Greens health spokesperson Sarah Mansfield said the Allan government had handed fertility clinic regulation to the Health Department claiming it would have greater enforcement options; however, there was no indication any action was taking place.
“You can have all the penalties available that you want, but unless there’s proper regulation happening – like people actually going out and looking into these things and using those enforcement measures – they don’t really mean a lot,” Mansfield said.
“The Victorian government has responsibility now for regulation of the IVF industry. It is up to them to restore Victorians’ trust in the system and in their ability to provide that regulation. What Victorians want to know is that everything will be done to avoid incidents like [the wrong embryos being implanted] happening again.
“Providing transparency around adverse incidents, and the consequence of those incidents, is a really important part of rebuilding that trust.”
A Premier’s Department spokesperson said that because the question on notice had been asked at a June 10 hearing of the parliamentary accounts and estimates committee, its response did not take into account Monash IVF’s disclosure on the same day that it had mistakenly implanted the wrong embryo into a woman at its Clayton clinic.
But the response does cover the April disclosure that a woman had given birth to a stranger’s baby following an embryo mix-up at Monash IVF’s Brisbane clinic. Following that bungle, Victoria’s Health Department requested information from its Queensland counterpart before renewing licences for Monash IVF’s Victorian clinics from April 30.
The Health Department spokesperson said an investigation had been launched into the Clayton embryo bungle, but neither the department nor Thomas’ office would comment about actions being undertaken by the VHR.
Australian Fertility Treatment Families founder Michelle Galea said she was extremely concerned, but not surprised, that the new regulator was yet to undertake any enforcement action.
She said the government had been too quick to shut down the Victorian Assisted Reproductive Treatment Authority.
“They rushed this thing through by shutting VARTA down at the end of the year,” Galea said. “It takes time to implement new strategies, new employees, new legislation.
“It was winding down and there was no transition period, so I’d be very surprised if there was any actual regulation getting done in the last six months of last year.”
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