Hon. Aaron Stonehouse requests a delay in debating the Human Reproductive Technology and Surrogacy Legislation Amendment Bill 2018 to allow members time to consider a recent review. The Parliamentary Secretary denies the request, citing the urgent need to comply with the Commonwealth Sex Discrimination Act 1984.

AnsweredQoN 268Legislative Council
Asked
2 April 2019
Portfolio
Health

QuestionView source ↗

HUMAN REPRODUCTIVE
TECHNOLOGY AND SURROGACY LEGISLATION — REVIEW
268. Hon AARON STONEHOUSE to the parliamentary secretary
representing the Minister for Health:
I refer the parliamentary secretary
to ''The Review of the Western Australian Human Reproductive Technology
Act 1991 and the Surrogacy Act 2008'', as tabled in the Legislative
Council on 21 March 2019, our last sitting day. In light of the report having
been presented to the minister in January this year, and the minister having
had two months in which to digest and consider its contents, and in recognition
of the fact that it is a lengthy document, in excess of 600 pages, which deals
with some particularly weighty moral and social issues, will the government, in
good faith, move to delay debate on the Human Reproductive Technology and
Surrogacy Legislation Amendment Bill 2018, rather than bring it on this week,
to allow members sufficient time to properly consider the advice being offered?

AnswerView source ↗

I thank the honourable member for
some notice of the question.
No. Western Australia's exemption
from the commonwealth Sex Discrimination Act 1984 has expired and the
commonwealth has indicated that no further exemptions will be granted. The
current bill primarily aims to achieve urgent
amendments to enable fertility clinics and practitioners to provide services
without discrimination. Findings 5 and 8 of the review, in chapter 3,
part 2, recognise that our current laws are discriminatory and contrary to the
commonwealth Sex Discrimination Act 1984. Finding 8 states that the bill before
Parliament —
� if enacted, would address some of
the identified issues that require immediate attention. The proposed amendments
are an important interim measure and first step in the law reform process.
Further legislative changes will
need to be considered in the future.
The review is a comprehensive review
of all aspects of both surrogacy and assisted reproductive technology, and is
therefore much broader than the scope of the current bill. The current bill
provides for equitable access to surrogacy through the use of ART for male
same-sex couples and single men. The review sets the agenda for the next steps
for consideration in the areas of surrogacy and ART legislative changes, above
and beyond the urgent matters currently being considered by the house.

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