McBain v Victoria (2000)

• Section 8 of Infertility Treatment Act 1995 (Vic)


  Women had to be married or in a de facto relationship to be able to get IVF treatment
• Section 22 of Sex Discrimination Act 1984 (Cth)


  It is unlawful to refuse to provide a service to people based on their marital status (and IVF is considered a service)
• The Cwth law was inconsistent with State law

  The State law clearly stated that marital status determined who could and could not access IVF treatment
• McBain v Victoria (2000)

  Case where Dr John McBain, an IVF specialist, challenged the validity of the Victorian law
• The case


  1. Dr McBain took the case to the Federal Court to challenge the inconsistency

  2. The Federal Court said the Cwth and State laws were clearly inconsistent and that the Cwth law prevailed over inconsistent Vic law

  3. Section 8 of the Infertility Treatment Act 1995 (Vic) was ruled invalid, pursuant to Section 109 of the Constitution
• It was a significant case as it meant no state in Australia could deny people access to IVF treatment based on their marital status