Why is Melbourne IVF asking for a Criminal (Police) Record Check?

The new Assisted Reproductive Treatment (ART) Act 2008 came into effect on 1st January 2010.  The new Act requires that all ART patients undertake a Criminal (Police) Record and Child Protection Order Check, prior to commencing treatment. 

In accordance with this new legislation, Melbourne IVF advises anyone planning ART treatment in 2010 to proceed with undertaking a Criminal (Police) Record check through Victoria Police, and a Child Protection Order check through the Department of Human Services, in readiness to commence treatment.  This includes patients who signed consent forms for ART treatment prior to 1st January 2010. 

Please note that patients undertaking Intra-uterine Insemination (IUI) treatment will also be required to obtain a Criminal Record Check and a Child Protection Order Check before commencing treatment.
 

How do I apply for the Criminal (Police) Check?

In accordance with the new ART Act 2008, both partners are required to provide Melbourne IVF with an original Criminal (Police) Record check, in order to commence treatment, after the 1st January 2010.  Criminal (Police) Record checks must be dated within 12 months of treatment commencement.

www.police.vic.gov.au, and by following the steps below:

1. Click on ‘Our services’

2. Click on ‘Police Record checks’

3. Go to Downloads section (on right hand column) and click on Application form for National Police Record check April 2009’.  A pdf document will download.

Please note: to ensure that your Criminal (Police) Record check is admissible for ART treatment, please tick the box:

-  Section E

-  Option 1

-  Contact with Children.

4. Download the cover sheet here and forward your Criminal (Police) Record check application form, together with the cover sheet directly to Victoria Police.

5. Once you have received your Criminal (Police) Record check back from Victoria Police, we welcome you to either give this to a Melbourne IVF Patient Liaison Administrator OR alternatively, post it to:

Melbourne IVF
Attn: ARTA2008
10 / 320 Victoria Parade
East Melbourne VIC  3002

The Criminal (Police) Record check will be returned to you once all administrative processes have been completed. 

Please note, if you have lived overseas in the last 10 years (for 12 consecutive months), further requirements are required with regards to the Criminal Record check.  We encourage you to talk to a member of the Melbourne IVF Patient Liaison Administration team regarding the details.
 

What will happen if I don’t have a Criminal (Police) Record or Child Protection Order check when the new legislation commences?

You will not be able to proceed with treatment at Melbourne IVF or anywhere within Victoria, if you do not provide Melbourne IVF with a Criminal (Police) Record check as per the requirement of the ART Act 2008 (refer to question 1 above).
 

Why does the legislation require that individuals and couples seeking infertility treatment have a Criminal (Police) Record Check and Child Protection Order Check?

The main concept underpinning much of the ART legislation is ‘the best interests of the child’. There was a strong lobby group who believed that an important way to protect the best interests of the unborn child was to require that patients undergo these checks prior to receiving treatment. Whilst Melbourne IVF does not agree with these requirements in the legislation and have argued strongly against them, Melbourne IVF are required to ensure compliance with the legislation.  If you would like to express your concerns regarding these requirements in the legislation, please contact your local member for parliament, or you may consider contacting contacting ACCESS, the national infertility network via their website, www.access.org.au, who actively campaign for the rights of patients undergoing treatment in Victoria.
 

Does my partner have to have a Police Check and Child Protection order Check?

Yes. The legislation requires that all patients AND their partners must undergo a Criminal (Police) Record Check and Child Protection Order Check prior to commencing treatment (refer to point 1).
 

Is there a cost associated with the Criminal (Police) Record Check?

The Criminal (Police) Record check costs $32.50 and is payable by the applicant directly to the Victoria Police. 
 

I have a Criminal (Police) Record Check that was undertaken in 2007. Can I use this?

Criminal (Police) Record Checks must not have been undertaken prior to January 2009.  Police checks dated from 01 January 2009 will be accepted.
 

Can I provide a copy of my National Police Certificate?

No. The legislation requires that Melbourne IVF sight the original Criminal (police) record check (which will be entitled “National Police Certificate” when it is returned to you by Victoria Police).  We cannot accept copies, even if they are certified.
 

Is an Australian Federal Police Check permissible?

An Australian Federal Police check is only permissible if you do not have an Australian address.
 

I have a Working with Children check. Can I use this?

No. The legislation requires that a Criminal (Police) Record Check is undertaken. 
 

How do I apply for a Child Protection Order Check?

In accordance with the new ART Act 2008 and DHS policy effective from 1st January 2010, the process for patients wishing to apply for a Child Protection Order from January 2010 is outlined below:

1. Download and print from Department of Human Services website:“Request for child protection order check” application form
2. Download and print:  “Consent to authorise Melbourne IVF to request Child Protection Order Check” form.  Alternatively, copies can be obtained from any Melbourne IVF clinic.
3. Return the Request for Child Protection Order Check application form AND Consent to authorise Melbourne IVF to request Child Protection Order Check form to Melbourne IVF in person or by posting to:

   Melbourne IVF
   Attn: ARTA2008
   10/320 Victoria Parade
   East Melbourne VIC 3002

4. Melbourne IVF will forward your Request for Child Protection Order Check application forms to the DHS.
5. Once processed, the DHS will send the Child Protection Order Check statement directly to Melbourne IVF.

The DHS will not accept direct applications from patients.  Any applications sent directly to the DHS will be returned by the DHS to patients without being processed.
 

Is the Child Protection Order check returned to me?

The original signed copy of the Child Protection Order check is required to be kept on file at Melbourne IVF. 
 

If I submit my application for a Child Protection Order Check to Melbourne IVF by December 13th, will I receive my check back in time to commence in January 2010?

The Department of Human Services has advised that they will make every effort to process all applications for a Child Protection Order Check by 1st January, 2010, providing applications forms are received by Melbourne IVF by Sunday 13th December.
 

Is there a cost associated with the Child Protection Order?

No, there is no cost associated with the Child Protection Order Check.
 

What will happen if I have a Criminal (Police) Record or have had a Child Protection Order made against me?

The ART Act 2008 requires that if a patient or their partner has been:

• Convicted of a sexual offence (referred to in clause 1 of Schedule 1 to the Sentencing Act 1991); or
• A violent offence (referred to in Clause 2 of Schedule 1 to the Sentencing Act 1991); or
• A child protection order has been made removing a child from the custody or guardianship of the patient or her partner;

then a ‘presumption against treatment’ applies to the woman. This means that Melbourne IVF cannot provide a treatment procedure to that woman without the approval from a new Victorian panel called the Patient Review Panel.  You can read more about the Patient Review Panel at this website address:  http://www.health.vic.gov.au/prp/ 
 

 What happens if a ‘presumption against treatment’ applies to me?

If a ‘presumption against treatment’ applies to you, under the legislation you have the right to apply to the Patient Review Panel for a review.
 

What is the Patient Review Panel?

The Patient Review Panel is a state run panel that will consist of 5 appointed members. The panel has a number of functions relating to IVF treatment including conducting hearings to determine whether or not there is a barrier to treatment if a presumption against treatment applies to a woman.
 

If I have:

• a criminal record; or
• a Child Protection Order against me; or
• my National Police Certificate has ‘disclosable court outcomes’ on it

How do I know if these offences mean that there is a ‘presumption against treatment’ against me that will prevent me from undertaking ART in Victoria?

In the event you have concerns about your Criminal (Police) Record or Child Protection Order, and you wish to discuss how this may impact your ability to commence ART treatment, please contact our Counsellor Manager Marianne on 9473 4444.

Melbourne IVF encourages patients to discuss any disclosures with us, rather than presuming that you are not eligible for treatment as we do not want patients to unnecessarily miss out on treatment. Your conversation will be treated with the strictest confidentiality and you can speak to us anonymously.
 

Who will see my Criminal (Police) Record Check and Child Protection Order Check?

As with all the personal information that Melbourne IVF has about you, we will treat your Police Check and Child Protection Order Check with the strictest of confidentiality and in accordance with Victorian and Australian legislation. Melbourne IVF’s counselling team will be responsible for sighting the police checks.

Melbourne IVF will limit the number of staff who have access to your checks and will return your original police check paperwork to you once we have completed the administrative requirements.

It is our understanding, at this stage, that the Child Protection Order Check will only tell us whether there has been a Child Protection Order taken out against you and/or your partner, and no other information will be provided. These checks will be provided to a designated staff member and again treated with the strictest of privacy and confidence.
 

Will my partner see the results of my Criminal (Police) Record Check or Child Protection order Check?

No, your partner will need to be notified that there is a ‘presumption against treatment’ if you have a relevant criminal history or have had a Child Protection Order taken out against you. In these circumstances, we will advise you of the ‘presumption against treatment’ and ask that that you advise your partner of this. 
 

I live interstate or overseas but am receiving my treatment in Melbourne; do I need to have a Police and Child Protection Order Check?

Yes, anyone receiving treatment in Victoria has to undergo a Victorian Criminal (Police) Record Check and a Victorian Child Protection Order Check even if they live interstate or overseas. The police check will cover all states and territories of Australia. The Child Protection Order Check only covers Victoria. See Question 17.
 

Do donors have to obtain the checks?

No, the legislation does not require donors to obtain the Criminal (Police) Record Check or Child Protection Order Check.
 

If I currently live overseas, how can I apply for a Police Check?

If you are currently living overseas you are required to undertake police check in your country of residence and in Australia.  If you have further questions in relation to this please contact Vicki, Melbourne IVF’s Patient Services Administrator on  03 9473 4444 . 
 

If I have lived overseas in the last 10 years, do I need to undertake a police check in that country?

If you have lived overseas in the last 10 years (for 12 consecutive months), you are required to undertake a police check in that country.  If you have lived overseas in the last 10 years in more than one country, for 12 consecutive months in each country, you are required to undertake a police check in each of those countries.  For further clarification on this please contact Vicki, Melbourne IVF’s Patient Services Administrator on  03 9473 4444 .
 

 If I have further questions, who should I contact?

Please contact Vicki, Melbourne IVF’s Patient Services Administrator on  03 9473 4444 for further information.