Ethics & Health Law News (EHLN) recently reported a decision of the Victorian CIvil & Administrative Tribunal, Human Rights Division. The decision appears to have been in the nature of a rehearing, following an earlier Victorian Court of Appeal decision Patient Review Panel v ABY & ABZ [2012] VSCA 264.

Patient Review Panel v ABY & ABZ [2012] VSCA 264 

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ABY & ABZ v Secretary to the Department of Health [2013] VCAT 265 arose as the relevant Victorian legislation gave rise to a presumption against ABY receiving (with his partner ABZ) assisted reproductive treatment. That was because some five years earlier:

..ABY was convicted of three counts of sexual penetration of a 16 year old female under his care. The victim had cognitive, learning and behavioural difficulties. The offences occurred on or about 22 January 2008. He was sentenced to three years’ imprisonment in respect of each count, to be served concurrently. Two of the three years total effective sentence were suspended for two years. ABY was convicted as a serious sexual offender, and placed on the Sex Offenders’ Register for 15 years…

 

The Tribunal found that there was no real risk of harm to a child to be born to ABY and ABZ, as should constitute a barrier to the treatment.

 

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