Reproductive technology, public policy and single motherhood

Bennett, Belinda (2000) Reproductive technology, public policy and single motherhood. Sydney Law Review, 22, pp. 625-635.

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In mid 2000, the Australian community engaged in a national debate over access to infertility treatment services. The debate was sparked by a Federal Court decision in late July. That decision, by Justice Sundberg in the case of McBain v State of Victoria 1 held that the provisions of the Infertility Treatment Act 1995 (Vic) which limited eligibility for infertility treatment to women who were married or in heterosexual de facto relationships, were inconsistent with section 22 of the Commonwealth Sex Discrimination Act 1984 (Cth) which prohibits discrimination on the basis of marital status. Justice Sundberg held that, by virtue of section 109 of the Constitution, 2 the provisions of the Victorian Act were inoperative to the extent of the inconsistency between the State and Commonwealth legislation.

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ID Code: 71226
Item Type: Journal Article
Refereed: Yes
Additional URLs:
ISSN: 0082-0512
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Australian Centre for Health Law Research
Current > Schools > School of Law
Deposited On: 08 May 2014 05:09
Last Modified: 04 Feb 2015 05:34

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