1. Application and Acceptance of Terms and Conditions
1.1 These Terms and Conditions apply to applicants for the Fertility Treatment Rebate Program. By applying for the Rebate, applicants agree to be bound by these Terms and Conditions.
1.2 Applicants may be eligible to receive a rebate of $2,000 for out-of-pocket costs incurred in obtaining fertility treatment.
1.3 More detailed information about the Program is available in the Program Guidelines.
2. Definitions and Interpretation
2.1 In these Terms and Conditions, unless the context otherwise requires:
Assisted Reproductive Technology treatment or ART treatment means clinical treatments; counselling services; and laboratory procedures for the assessment and preparation of human oocytes, sperm or embryos and includes in vitro fertilisation; gamete intrafallopian transfer; intracytoplasmic sperm injection; embryo or gamete cryopreservation; surgical sperm recovery; oocyte, semen or embryo donation; embryo biopsy or non-invasive sampling for preimplantation genetic testing; gestational and traditional surrogacy and intrauterine insemination and also includes the storage of gametes and embryos for use in ART, the obtaining of a gamete from a gamete provider for use in ART or for research in connection with ART and treatments determined by an ART Provider to be performed for the purposes of an ART treatment
ART Provider means a provider of ART treatments that is:
- registered as an ART provider under the Assisted Reproductive Technology Act 2007 (NSW), and
- accredited to provide the ART treatment by the Reproductive Technology Accreditation Committee (“RTAC”) of the Fertility Society of Australia, in accordance with the RTAC Code of Practice.
Department of Customer Service means the Crown in right of the State of New South Wales acting through the Department of Customer Service.
Eligible Costs means the out-of-pocket costs that have been incurred for ART treatments received at an ART Provider on or after 1 October 2022 and does not include any costs referred to in clause 4.2.
Ministry of Health means the Crown in right of the State of New South Wales acting through the Ministry of Health.
Program means the Fertility Treatment Rebate Program.
Rebate means the fertility treatment rebate of $2,000 available under the Program.
RTAC means the Reproductive Technology Accreditation Committee of the Fertility Society of Australia.
Service NSW means the Crown in right of the State of New South Wales acting through Service NSW.
3. Applications
3.1 Applicants may apply for a Rebate:
a. online through their MyServiceNSW account; or
b. in person, at a Service NSW Centre, via the Digital Kiosk.
3.2 Applications will not be accepted after 11.59pm on 1 October 2026, however the Program may close earlier if the allocated funds for the Program have been expended.
3.3 An applicant must submit only one claim for a Rebate.
4. Eligibility Criteria
4.1 A person is eligible to apply for a Rebate if they are a woman who:
a. is a resident of New South Wales;
b. has undergone an ART treatment with an ART Provider on or after 1 October 2022;
c. has incurred costs that are Eligible Costs
d. can satisfy the evidentiary requirements set out in clause 5; and
e.has not previously received a Rebate.
4.2 The following costs are ineligible for the Rebate:
a. any component of cost for treatment that has already been reimbursed by another government program or rebate, such as Medicare;
b. costs for treatments that are for the sole purpose of fertility preservation
c. costs for treatments provided under publicly supported lower cost IVF programs at the following clinics:
- Fertility Unit at Royal Prince Alfred Hospital
- Westmead Fertility Centre linked with Westmead Hospital
- Fertility and Research Centre at the Royal Hospital for Women
5. Evidence in support of eligibility and costs incurred
5.1 An applicant must provide:
a. proof of their identity via their MyServiceNSW Account
b. the name of the ART Provider(s)
c. proof that they are resident in NSW
d. a Fertility Treatment Rebate Declaration Form completed, dated and signed by the applicant and the ART Provider who is providing the ART treatment
e. evidence that they have incurred Eligible Costs which must include the information specified in clause 5.2, and
f. bank account details for receiving the Rebate if the claim is approved.
5.2 An applicant must supply evidence of the ART treatment received and costs incurred in respect of the ART treatment, which must include:
a. the full name of the person who received the treatment
b. a description of the treatment received, and
c. the date the treatment was received.
5.3 An applicant may be required by Service NSW to provide additional information to support their application. Where additional information is required to assess an application, applicants will be contacted by Service NSW. If the additional information requested is not provided, the application may be rejected by Service NSW.
5.4 Applicants must retain records of the evidence provided, including evidence of payment for all claims submitted under this Program for a minimum of 24 months following the close of the Program.
6. Conditions
6.1 The Rebate is available only to applicants who meet the eligibility criteria in clause 4 and satisfy the evidentiary requirements in clause 5.
6.2 Payment of the Rebate will be made via EFT to the bank account nominated by the applicant.
6.3 Service NSW and/or the Ministry of Health reserves the right to decline to approve the payment of the Rebate for any reason.
6.4 Service NSW and/or the Ministry of Health has the right, at its absolute discretion, to cease payments of the Rebate at any time and for any reason.
6.5 Applicants must declare that the information provided in their application for the Rebate is true and correct. Under Part 5A of the Crimes Act 1900, it is an offence to provide false or misleading information to a public authority. Where false or misleading information is provided, applications may be referred to law enforcement for further action.
6.6 Subject to clause 6.5, Service NSW may recover repayment from an applicant as a debt any Rebate paid to an applicant in reliance on false or misleading information provided by the applicant.
6.7 If any information provided by an applicant in connection with the Program is found to be, or have been, intentionally false or misleading, the applicant is required to repay the Rebate on demand.
6.8 As part of the application assessment process, Service NSW may compare information provided by the applicant with relevant Commonwealth, State Government agencies and departments or health care providers for the purpose of verifying your application.
6.9 Applicants who have received the Rebate may be subject to audit by the NSW Government or its representatives for a period of 7 years after the closing of the rebate. Under the audit, applicants may be required to produce further evidence, including but not limited to, evidence demonstrating that they meet eligibility and evidentiary requirements of the Program.
6.10 Applicants agree that Service NSW, Ministry of Health, and the Department of Customer Service will undertake data validation with and collect and disclose information including personal information and health information to relevant Commonwealth and State Government agencies and departments including but not limited to NSW Health, Services Australia and health care providers, for the purpose of verifying the particulars of the applicant’s application and/or eligibility for the Program.
7. Suspension, variation or termination of the Program
7.1 Notwithstanding any other provision of these Terms and Conditions, Service NSW and the Ministry of Health may:
a. suspend or terminate the entirety or any part of the Program;
b. refuse to approve an application for payment under the Program for any reason and at our sole discretion;
c. vary the Program Guidelines, these Terms and Conditions and the process for application;
d. suspend the operation of, or close, the application process.
7.2 Any changes to the Program Guidelines, these Terms and Conditions or action taken to suspend or end the Program will be notified on Service NSW’s website.
8. Limitation of Liability
8.1 To the extent permitted by law, Service NSW, the Department of Customer Service and the Ministry of Health (including their officers, employees and agents) will not be liable for any direct, indirect, incidental, special or consequential loss or damage or for any death, illness, personal injury, financial loss or property damage however caused which may be suffered or incurred by an applicant or any person arising directly or indirectly out of or in any way connected with the Program, including:
a. death, illness, personal injury or other loss arising from the provision of ART treatment
b. any decision to make or refuse to make a payment under the Program, including on the basis that funds are unavailable
c. the fraudulent application for payments made under the Program
d. any breach of these Terms and Conditions, and/or
e. any decision to suspend or terminate the entirety or any part of the Program.
9. General
9.1 Failure by Service NSW or the Ministry of Health to enforce any of their rights at any stage does not constitute a waiver of those rights.
9.2 If any term in these Terms and Conditions is prohibited, void, voidable, illegal or unenforceable for any reason whatsoever, then that part is severed from these Terms and Conditions but without affecting the continued operation of the remaining Terms and Conditions.
9.3 Clause 8 contains continuing obligations and will survive termination of these Terms and Conditions.
9.4 These Terms and Conditions shall be governed by the laws of the State of New South Wales. Service NSW, the Ministry of Health and each applicant submit to the exclusive jurisdiction of the court of NSW and any court competent to hear appeals from those courts.