1. Application and Acceptance of Terms and Conditions
1.1 These Terms and Conditions apply to applicants for the Fertility Treatment Rebate-2 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:
Assessable Income means income that you pay tax on as defined by the Australian Taxation Office (ATO).
Assisted Reproductive Technology treatment or ART treatment has the meaning given to it in the RTAC Australia and New Zealand Code of Practice, which at the time of publishing these guidelines 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 (PGT); gestational and traditional surrogacy and intrauterine insemination (IUI) and also includes:
- the storage of gametes and embryos for use in ARTs,
- the obtaining of a gamete from a gamete provider for use in ARTs or for research in connection with an ART and
- treatments determined by the ART Provider to be performed for the purposes of an ART treatment.
ART Provider is a provider of ART treatments who is certified by the RTAC and authorised to operate in Australia.
Eligible Costs means the out-of-pocket costs that have been incurred for ART treatments provided by an ART Provider on or after 19 February 2025 and before program closure, have been confirmed to be ART treatments by the ART Provider, and does not include any costs referred to in clause 4.2.
Family Tax Benefit Part A means the financial assistance program named as such, provided by the Australian Government, through Services Australia, to support eligible families with dependent children.
Family Tax Benefit Part B means the financial assistance program named as such, provided by the Australian Government, through Services Australia, to support eligible single-parent or one-income families with dependent children.
Household Income means the combined Assessable Income (before tax) of the applicant and any person with whom the applicant resides and maintains a domestic relationship with for the whole financial year.
NSW 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-2 Program.
Rebate means a payment of $2,000 available to eligible applicants 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 30 August 2028, however the Program may close earlier (and therefore applications will not be accepted) if the allocated funds for the Program have been expended prior to 30 August 2028.
3.3 An applicant must submit only one claim for a Rebate.
3.4 An application must be submitted within 90 days of the date that the ART treatment was provided to the applicant.
4. Eligibility Criteria
4.1 A person is eligible to apply for a Rebate if they are a woman (or a person that does not identify as a woman that is seeking to become pregnant with the use of fertility treatment) and:
a. is a resident of New South Wales
b. has undergone an ART treatment with an ART Provider on or after 19 February 2025
c. has incurred costs that are Eligible Costs
d. meets one of the following criteria:
(i) receives Family Tax Benefit Part A, Family Tax Benefit Part B, or both Family Tax Benefit Part A and Family Tax Benefit Part B or
(ii) holds a Health Care Card issued by Services Australia or
(iii) has an annual Household Income of $116,000 or less and
e. can satisfy the evidentiary requirements set out in clause 5 and
f. has not previously received a Rebate, including under the previous Fertility Treatment Rebate Program, for an ART treatment received between 1 October 2022 and 18 February 2025.
Note:
4.2 The following costs are ineligible for the Rebate:
a. any component of cost for ART treatment that has already been reimbursed by another government program or rebate, such as Medicare or under the previous Fertility Treatment Rebate Program, for an ART treatment received between 1 October 2022 and 18 February 2025
b. costs for treatments that are for the sole purpose of fertility preservation
c. costs for male treatments
d. 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. verification of their identity via their MyServiceNSW Account
b. the name of the ART Provider(s)
c. proof of residency in NSW showing the applicant's residential address, which may include one of the following:
- rates notice
- utility bill
- home insurance
- current residential tenancy agreement or
- a screenshot from the Rental Bonds Database showing details of the relevant lease
d. a Fertility Treatment Rebate-2 Declaration Form completed, dated and signed by the applicant and the authorised representative of the eligible ART Provider providing the fertility treatment
e. evidence that they have incurred Eligible Costs which must include the information specified in clause 5.2
f. evidence that they meet the eligibility criteria set out at clause 4.1(d) which must include:
(i) providing a consent for Service NSW to use Centrelink Confirmation eServices to check Centrelink customer details to enable Service NSW to determine if the applicant is in receipt of the relevant benefit or
(ii) as detailed in clause 3.2(a)(vi) of the Program Guidelines, providing an ATO notice of assessment (with tax file number redacted) of the applicant, and an ATO notice of assessment (with tax file number redacted) of any person with whom the applicant resided and maintained a domestic relationship with for the whole financial year of the ATO notices of assessment; The ATO notice of assessments must:
A. be from the same financial year (if submitting more than one from your household)
B. be the most recent that you have
C. be from either of the two preceding financial years and
D. show total Household Income is equal to, or less than $116,000 per annum
g. 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 ART treatment
b. a description of the ART treatment received
c. the date the ART treatment was received
d. the out-of-pocket amount of each ART treatment claimed.
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 period of 7 years following the closure of the Program.
6. Conditions
6.1 The Rebate is available only to applicants who meet the eligibility criteria in clause 4, satisfy the evidentiary requirements in clause 5 and satisfy all the requirements in the Program’s Fertility Treatment Rebate-2 Program Guidelines.
6.2 The Rebate is stated in Australian dollars. Applicants authorise Service NSW to pay the Rebate by electronic funds transfer into the Australian bank account nominated in their application. Applicants acknowledge and agree that:
a. payment is made by Service NSW when money is paid to your nominated bank account
b. Service NSW is not responsible for any delays in payment or errors due to factors outside its reasonable control including delays or errors in the financial system or errors in the supplied bank account details
c. Service NSW is under no obligation to remedy any mistakes made by the applicant in nominating a bank account to receive the Rebate. Service NSW retains full discretion when deciding if and in what circumstances it will remedy a mistake made by the applicant.
6.3 Information provided in an application for the Rebate must be true and correct. Under Part 5A of the Crimes Act 1900 (NSW), 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.
6.4 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 may be required to repay the Rebate on demand.
6.5 As part of the application assessment process, Service NSW may compare information provided by the applicant with relevant Commonwealth or State Government agencies and departments or health care providers for the purpose of verifying your application.
6.6 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.
6.7 Applicants agree that Service NSW and NSW Health 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 NSW Health may:
a. suspend or terminate the entirety or any part of the Program at any time and at its sole discretion
b. refuse to approve an application for payment under the Program for any reason and at our sole discretion
c. vary the Fertility Treatment Rebate-2 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 Fertility Treatment Rebate-2 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 and NSW 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 but not limited to:
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 NSW 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 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, NSW Health and each applicant submit to the exclusive jurisdiction of the court of NSW and any court competent to hear appeals from those courts.