case studies

Question 1

Identify the key facts in the McBain v Victoria (2000) case.

Answer 1

• Dr John McBain (Melbourne doctor specialising in reproductive technology & a gynaecologist) was consulted by Lisa Meldrum (a SINGLE, UNMARRIED woman) wishing to conceive through IVF using donor sperm.
• McBain told Meldrum he was prohibited by Victorian legislation (the Infertility Treatment Act 1995 (Vic)) from administering IVF treatment to her because she was single.
• However, Dr McBain was also subject to Commonwealth legislation (Sex Discrimination Act 1984 (Cth)), which outlines that a person must not be denied services such as medical care due to their marital status.
• Dr McBain then went on to commence proceedings in the Federal Court to show the inconsistency between the Infertility Treatment Act 1995 (Vic) and the Sex Discrimination Act 1984 (Cth).

Question 2

Identify the issue in the McBain v Victoria (2000) case.

Answer 2

Whether or not women are required to be married/in a de facto relationship to qualify for infertility treatment under the Infertility Treatment Act 1995 (Vic) and the Sex Discrimination Act 1984 (Cth).

Question 3

Identify the decision in the McBain v Victoria (2000) case.

Answer 3

Justice Sundberg concluded that the Victorian legislation conflicted with the Sex Discrimination Act 1984 (Cth) and was unlawful under section 109 of the Australian Constitution. This case holds that women do not have to be married or in a de facto relationship to be eligible for infertility treatment.

Question 4

Identify the impact of the McBain v Victoria (2000) case.

Answer 4

Declared Victorian legislation, to the extent that it was inconsistent with the Commonwealth legislation, was invalid.