Social Development Committee: Amendments to the National Health and Medical Research Council Ethical Guidelines on the use of Assisted Reproductive Technology in Clinical Practice and Research

Ms WORTLEY (Torrens) (11:36): I move:

That the final report of the committee, entitled Amendments to the National Health and Medical Research Council Ethical Guidelines on the use of Assisted Reproductive Technology in Clinical Practice and Research, be noted.

The Research Involving Human Embryos Act 2003 (RIHE Act) and the Prohibition of Human Cloning for Reproduction Act 2003 (PHCR Act) provide the legislative framework in South Australia for the use of human embryos in clinical trials and research.

The National Health and Medical Research Council (NHMRC) and the NHMRC Embryo Research Licensing Committee (ERL Committee) are responsible for administering the commonwealth legislative framework through the commonwealth RIHE Act 2002 and the commonwealth PHCR Act 2002.

The NHMRC's Ethical guidelines on the use of assisted reproductive technology in clinical practice and research (the ethical guidelines) provides the standard for ethical conduct in assisted reproductive technologies (ART) research and clinical trials.

Section 30 of the SA RIHE Act requires that any amendments to the ethical guidelines must first be referred to the Social Development Committee (the committee). The committee must undertake an inquiry on any changes to the ethical guidelines and table a report in both houses of the Parliament of South Australia before any relevant amendments to the RIHE Act may be given effect.

The committee received notification of amendments to the ethical guidelines following the passing of the commonwealth's Mitochondrial Donation Law Reform (Maeve's Law) Act 2022. The revisions deal with mitochondrial donation in ART procedures, along with several administrative amendments. The new ethical guidelines were tabled in the Australian parliament in May 2023.

The committee is satisfied, based on the evidence presented by the NHMRC and the Department for Health and Wellbeing (DHW) that the Australian government has appropriately consulted with the South Australian government and South Australian stakeholders on the amendments.

The committee notes that the requirement for amendments to the ethical guidelines to be referred to a parliamentary standing committee is unique to South Australia. No other state or territory is required by their own legislation to undertake such an inquiry. The committee considers that in 2003, when the RIHE Act and PHCR Act were enacted, there was a motivation for extra scrutiny to be had on the ethical guidelines and any proposed revisions to them. In 2023, there is limited merit in the requirement under the RIHE Act for the committee to review any proposed amendments to the ethical guidelines, as there is generally a more widespread acceptance of ART.

The committee believes that the degree of scrutiny is sufficient where the ethical guidelines must first be referred by the commonwealth to the Minister for Health and Wellbeing and the Parliament of South Australia, with no requirement for further scrutiny by the committee.

As a result of this inquiry, the committee has made a recommendation to the government of South Australia, through the Minister for Human Services, that subsection 30(3) of the RIHE Act be repealed to remove the requirement of the Social Development Committee to inquire into and report on any changes to the ethical guidelines.

I would like to thank the committee for its work, and I thank the secretariat, the member for Frome, the member for Unley, the Hon. Mr Hunter, the Hon. Ms El Dannawi and the Hon. Mr Simms for their consideration in regard to this report. I commend the committee's report to the house.

Motion carried.