Assisted Reproductive Treatment Amendment Regulations 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Assisted Reproductive Treatment Amendment Regulations 2016 S.R. No. 153/2016 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Principal Regulations 2 5 Counselling prior to donation 2 6 Central Register kept by the Registrar 2 7 New regulations 16A and 16B inserted 2 8 Requirements for entries in the Voluntary Register 4 9 New regulation 17A inserted 5 ═══════════════ Endnotes 6 -- 1 of 7 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2016 S.R. No. 153/2016 Assisted Reproductive Treatment Act 2008 Assisted Reproductive Treatment Amendment Regulations 2016 The Governor in Council makes the following Regulations: Dated: 20 December 2016 Responsible Minister: JILL HENNESSY Minister for Health ANDREW ROBINSON Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Assisted Reproductive Treatment Regulations 2009 as a consequence of the amendments made by the Assisted Reproductive Treatment Amendment Act 2016. 2 Authorising provision These Regulations are made under section 124 of the Assisted Reproductive Treatment Act 2008. 3 Commencement These Regulations come into operation on 1 March 2017. -- 2 of 7 -- Assisted Reproductive Treatment Amendment Regulations 2016 S.R. No. 153/2016 2 Authorised by the Chief Parliamentary Counsel 4 Principal Regulations In these Regulations, the Assisted Reproductive Treatment Regulations 20091 are called the Principal Regulations. 5 Counselling prior to donation (1) In regulation 8(a) of the Principal Regulations— (a) for "Registrar" substitute "Authority"; (b) for "donor-conceived children if they seek" substitute "a person born as a result of a donor treatment procedure if the person seeks". (2) After regulation 8(a) of the Principal Regulations insert— "(ab) the ability of the donor to obtain identifying information about a person born as a result of a donor treatment procedure with the consent of the person and the right of the person to lodge a contact preference;". 6 Central Register kept by the Registrar (1) In the heading to regulation 15 of the Principal Regulations, for "Registrar" substitute "Authority". (2) In regulation 15(2) of the Principal Regulations, for "Registrar" substitute "Authority". 7 New regulations 16A and 16B inserted After regulation 16 of the Principal Regulations insert— "16A Counselling of applicant prior to the release of identifying information from the Central Register For the purposes of section 61(1)(b) of the Act, the following matters are prescribed— -- 3 of 7 -- Assisted Reproductive Treatment Amendment Regulations 2016 S.R. No. 153/2016 3 Authorised by the Chief Parliamentary Counsel (a) the requirements of the Act in relation to the release of identifying information from the Central Register; (b) if relevant, the right of the person whose identifying information is to be disclosed to lodge with the Authority a contact preference; (c) the requirements of the Act regarding compliance with any contact preference; (d) the implications for the applicant if a contact preference is lodged by the person or lodged on behalf of the person whose identifying information is to be disclosed; (e) the potential issues which may arise if the applicant intends to contact a person whose identifying information is to be disclosed; (f) the implications for the applicant if the person whose identifying information is to be disclosed cannot be located or is deceased; (g) if the applicant is a donor, the implications of the person whose identifying information is to be disclosed only becoming aware that the person was born as a result of a donor treatment procedure, as a consequence of the application being made; (h) if the person whose identifying information is to be released is a donor, the implications if the donor becomes aware that a person was born as a result of the donor treatment procedure using a donation made by the donor, as a -- 4 of 7 -- Assisted Reproductive Treatment Amendment Regulations 2016 S.R. No. 153/2016 4 Authorised by the Chief Parliamentary Counsel consequence of the application being made; (i) the availability of donor-linking services under Division 2 of Part 7 of the Act to be provided by the Authority; (j) any issue or concern raised by the applicant in relation to the disclosure of the information from the Central Register. 16B Offer of counselling prior to lodgement of contact preference For the purposes of section 63J(3) of the Act, the following matters are prescribed— (a) the requirements of the Act in relation to the lodging, withdrawal and extension of a contact preference; (b) the requirements of the Act regarding compliance with any contact preference; (c) the implications for the person born as a result of a donor treatment procedure if a contact preference is lodged; (d) the implications for the person born as a result of a donor treatment procedure if a contact preference is not lodged; (e) the availability of donor-linking services under Division 2 of Part 7 of the Act to be provided by the Authority.". 8 Requirements for entries in the Voluntary Register In regulation 17 of the Principal Regulations, after "Act," insert "information entered in". -- 5 of 7 -- Assisted Reproductive Treatment Amendment Regulations 2016 S.R. No. 153/2016 5 Authorised by the Chief Parliamentary Counsel 9 New regulation 17A inserted After regulation 17 of the Principal Regulations insert— "17A Requirement for counselling prior to the release of identifying information from the Voluntary Register For the purposes of section 73(1)(b) of the Act, the following matters are prescribed— (a) the requirements of the Act in relation to the disclosure of identifying information from the Voluntary Register; (b) the implications for the applicant of receiving identifying information from the Voluntary Register; (c) the implications for the applicant if the person whose identifying information is to be released cannot be located or is deceased; (d) the availability of donor-linking services under Division 2 of Part 7 of the Act to be provided by the Authority; (e) any issue or concern raised by the applicant in relation to the disclosure of the information from the Voluntary Register.". ═══════════════ -- 6 of 7 -- Endnotes Assisted Reproductive Treatment Amendment Regulations 2016 S.R. No. 153/2016 6 Authorised by the Chief Parliamentary Counsel Endnotes 1 Reg. 4: S.R. No. 177/2009 as amended by S.R. Nos 74/2010, 52/2013 and 192/2014. -- 7 of 7 --