Patient Review Panel

Application process

How does a patient apply to have a hearing with the Patient Review Panel?

The panel is responsible for making decisions on the following Assisted Reproductive Treatment (ART) issues:

• Surrogacy
• Presumption against treatment
• Posthumous use of gametes and embryos
• Patient denied treatment due to clinician concern that there is a risk of abuse or neglect to a child born as a result of treatment
• Patient does not meet the criteria for treatment
• Extended storage periods of gametes or embryos or removal of embryos from storage.

If a patient has a case involving one of these issues the applicable form must be completed and mailed to:

Patient Review Panel
Department of Health
GPO Box 4541
Melbourne Victoria 3001

Applications must be posted via express post or registered post. The applicant should retain the barcode number to enable the tracking of the application.

Full details of the application process are outlined in the information sheet, ‘How to complete the application forms’. We suggest you download and print the information sheet as a guide to submitting your application form.

The necessary documents that are submitted with your application form must be certified - please refer to ‘Authorised certifiers’ for further details.

 How to complete the application forms

 Authorised Certifiers for application forms

Below are the application forms to be completed. Please download and print the appropriate form:

 Application for Surrogacy - All

 Presumption against treatment application

 Extended storage for sperm application form

 Extended storage for eggs application form

 Extended storage for embryos using donor gametes (eggs/sperm) application form

 Extended storage for embryos NOT using donor gametes (eggs/sperm) applicaton form

 Assisted Reproductive Treatment Criteria Not Met application

 Posthumous use of gametes form

 Posthumous use of embryos form

Note: Applications requesting removal of an embryo from storage require a personal letter to the Panel, accompanied by any relevant documents. There is no prescribed form for this application.

When the Panel receives the application form, they will promptly notify the applicant of their hearing date. The applicant will be served with a Notice of the Hearing that states:

• the nature of the hearing
• the time and place of the hearing
• that the applicant is entitled to be present at 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.

What happens next?

Under Sec 91 of the Art Act, the Patient Review Panel must make a decision within 14 days after hearing the application. The Panel must give written reasons for the decision. Applicants are also provided with a sealed certificate setting out the Panel's decision. If the certificate states treatment may be provided, the applicant should present the certificate to their ART clinic. The clinic is, however, not obliged to provide treatment to the applicant.

Review of Patient Review Panel decisions

Under Sec 96 of the Act, an application may be made to the Victorian Civil and Administrative Tribunal for a review of the Patient Review Panel decision. An application for review must be made within 28 days after the day on which the decision is made (Sec 98).