Antega Australia
Fertility treatment, law and funding by state and territory
IVF itself is much the same across Australia. What changes from one state or territory to the next is the law, the donor register, surrogacy, and what public help exists. Choose where you live.
What is national, and what is not
The same everywhere in Australia
Medicare rebates and the Medicare Safety Nets, the PBS, the NHMRC ethical guidelines on assisted reproductive technology, RTAC accreditation of clinics, TGA regulation of medicines, and the clinical basics of stimulation, egg collection, ICSI, embryo culture, transfer and freezing.
Depends on your state or territory
Whether there is an ART Act and a licensing or registration system, whether there is a statutory donor register and what a donor-conceived person may be told, surrogacy and parentage law, posthumous use of gametes, and any state rebate or public fertility programme.
Australian ART regulation is being reformed
Federal, state and territory governments have agreed to reform how assisted reproductive technology is regulated in Australia, following a national rapid review. The work covers patient safety, accreditation, transparency, donor information and oversight, and includes developing national safety and quality standards for ART. Not all of it has commenced: some measures are agreed in principle, some are being developed, and states continue to change their own laws separately. Check the official page for the current position.
Current status: Agreed and in development nationally. Individual state and territory changes commence on their own timetables.
ART sector reforms — Australian Government Department of Health, Disability and AgeingChoose your state or territory
Nothing is detected automatically — you choose, and we remember it on this device only.
- New South WalesDedicated state or territory ART legislation in forceState rebate towards treatment costs28 clinic locations
- VictoriaDedicated state or territory ART legislation in forceState-funded public fertility treatment programme14 clinic locations
- QueenslandDedicated state or territory ART legislation in forceNo jurisdiction-specific programme identified15 clinic locations
- Western AustraliaDedicated state or territory ART legislation in forceLimited public assessment or treatment service9 clinic locations
- South AustraliaDedicated state or territory ART legislation in forceState rebate towards treatment costs2 clinic locations
- TasmaniaNo ART-specific state Act — national guidelines and accreditationNo jurisdiction-specific programme identified3 clinic locations
- Australian Capital TerritoryNo ART-specific state Act — national guidelines and accreditationNo jurisdiction-specific programme identified1 clinic location
- Northern TerritoryNo ART-specific state Act — national guidelines and accreditationNo jurisdiction-specific programme identified1 clinic location
Compare two jurisdictions
Useful if you are moving, or thinking about treatment interstate. This is a factual comparison — it is not a judgement about which is better.
New South Wales
- ART regulation
- Dedicated state or territory ART legislation in force
- ART legislation
- Assisted Reproductive Technology Act 2007 (NSW)
- Clinic oversight
- NSW Ministry of Health registers ART providers and publishes the public register. Clinical accreditation is separately handled through RTAC, a committee of the Fertility Society of Australia and New Zealand.
- Donor register
- Statutory donor-conception register operating
- Surrogacy legislation
- Surrogacy Act 2010 (NSW)
- Overseas commercial surrogacy
- An offence for residents to enter into a commercial arrangement overseas.
- Public or state support
- State rebate towards treatment costs
- Funding programmes listed
- Fertility Treatment Rebate-2 · Pre-IVF Fertility Testing Rebate · Lower-cost IVF places (NSW Affordable IVF Initiative) · Fertility & Research Centre, Royal Hospital for Women
- Clinic locations listed by Antega
- 28
- Changes passed or announced
- None identified.
Victoria
- ART regulation
- Dedicated state or territory ART legislation in force
- ART legislation
- Assisted Reproductive Treatment Act 2008 (Vic)
- Clinic oversight
- The Secretary of the Victorian Department of Health is the statutory regulator for assisted reproductive treatment. Clinical accreditation is handled through RTAC.
- Donor register
- Statutory donor-conception register operating
- Surrogacy legislation
- Assisted Reproductive Treatment Act 2008 (Vic)
- Overseas commercial surrogacy
- Not identified as an offence in the sources reviewed — take legal advice.
- Public or state support
- State-funded public fertility treatment programme
- Funding programmes listed
- Public Fertility Care · Public egg and sperm bank
- Clinic locations listed by Antega
- 14
- Changes passed or announced
- None identified.
This is general information about the rules in an Australian state or territory. It is not legal advice, and it is not a decision about your own situation. Australian fertility law is not the same everywhere, and it changes. Take independent legal advice before entering a donor or surrogacy arrangement, and confirm anything you rely on with the official source.
Every state and territory record was last reviewed on 11 September 2026. Rules, programmes and services can change.