McBain v State of Victoria [2000] FCA 1009

FEDERAL COURT OF AUSTRALIA

McBain v State of Victoria [2000] FCA 1009

DISCRIMINATION ‑ Marital status ‑ State law precluding provision of IVF treatment to single women not in de facto relationship ‑ Commonwealth law making it unlawful for a person to refuse to provide services to another on ground of that other's marital status ‑ "Services" includes services provided by member of any profession ‑ Whether IVF treatment a service ‑ Nature of service provided by infertility treatments ‑ Inconsistency between laws.

Sex Discrimination Act 1984 (Cth) ss 6(2), 7B, 22, 32 Infertility Treatment Act 1995 (Vic) s 8

I W v City of Perth (1997) 191 CLR 1 applied Minister for Immigration v Teoh (1995) 183 CLR 273 cited Australian Iron & Steel Pty Ltd v Banovic (1989) 168 CLR 165 applied Waters v Public Transport Corporation (1991) 173 CLR 349 applied Australian Medical Council v Wilson (1996) 68 FCR 46 applied Pearce v South Australian Health Commission (1996) 66 SASR 486 cited JOHN McBAIN v STATE OF VICTORIA, MINISTER FOR HEALTH OF THE STATE OF VICTORIA, INFERTILITY TREATMENT AUTHORITY and LISA MELDRUM V 673 OF 1999 SUNDBERG J 28 JULY 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 673 OF 1999

BETWEEN: JOHN McBAIN

APPLICANT

AND: STATE OF VICTORIA

FIRST RESPONDENT

MINISTER FOR HEALTH OF THE STATE OF VICTORIA

SECOND RESPONDENT

INFERTILITY TREATMENT AUTHORITY

THIRD RESPONDENT

LISA MELDRUM

FOURTH RESPONDENT

JUDGE: SUNDBERG J

DATE OF ORDER: 28 JULY 2000

WHERE MADE: MELBOURNE

THE COURT DECLARES THAT:

(1) Section 8(1) of the Fertility Treatment Act 1995 (Vic) ("the State Act"), to the extent to which it restricts the application of any treatment procedure regulated by it to a woman who ‑