Following the
announcement made on 22 December 2010 from the Minister for Mental Health and Ageing, the Hon Mark Butler MP, naming the independent committee to review the Australian legislation governing the use of human embryos in research, the Committee has now opened the Review for
public submissions as part of its consultation process.
The review of the legislation allows the opportunity for the scientific community and the general public to reflect on the use of embryos in research. Responsible research towards reducing human pain and suffering, with appropriate safeguards, must continue to remain an imperative in Australia. This is also an opportunity for Australia to show global leadership in this area and to continue the period of legislative stability that has allowed Australian scientists to operate with confidence in this field. Recent experience in the USA has shown that where the legislative and funding stability is threatened, it can set back scientific progress. For those suffering from intractable diseases, and who one day hope to benefit from stem cell research, it is a delay they cannot afford.
The ASCC is committed to providing accurate and up-to-date information in respect of this fast moving field and will draw on both its experience in informing the public and the scientific credentials of its research teams in developing its own submission and to assist the review in any way possible. Submissions are due to the Committee by 15 March 2011.
Since 2002, Australian scientists have been permitted to use donated in vitro fertilisation (IVF) embryos in research. Under the Commonwealth legislation -
Research Involving Human Embryos Act 2002 – scientists can apply for a licence from the
National Health and Medical Research Council (NHMRC) to use donated human IVF embryos for stem cell research or research to improve infertility treatments and IVF, provided that the embryos are no longer required for infertility treatment. Additional legislation was also introduced in 2002, the
Prohibition of Human Cloning Act 2002 which made it illegal to create, or even attempt to create, a human using cloning technology. Australia was one of the first countries in the world to introduce laws to govern the use of human embryos in research.
In 2005 the Australian legislation was reviewed by an independent committee which became known as the
Lockhart Review after the late Hon John Lockhart AO QC who chaired the committee. The committee’s recommendations were incorporated into legislation in 2006 following a conscience vote in both houses of parliament. The amending legislation -
Prohibition of Human Cloning for Reproduction and the Regulation of Human Embryo Research Amendment Act 2006 - specifically allowed Australian researchers to apply for a licence to use
somatic cell nuclear transfer technology (also known as therapeutic cloning) for stem cell research within a strict set of criteria. The amending legislation also increased the penalties associated with any attempts to abuse this technology to clone humans, with reproductive cloning remaining specifically prohibited.
The new five member committee is chaired by the Hon Peter Heerey QC, who is joined by former Australian of the Year Professor Ian Frazer, Lockhart committee member and law ethics expert Professor Loane Skene, Doctor Faye Thompson an expert in midwifery ethics and the Reverend Kevin McGovern, Director of the Caroline Chisholm Centre for Health Ethics.
Keep an eye on the ASCC’s
website for the latest news on the Legislative Review and for details on the review and submission process including key dates and instructions on how to make a submission visit
https://legislationreview.nhmrc.gov.au/
Downloads
Independent Legislation Review Committee Calls for Public Submissions (187581)
Other Reports