Assisted Reproductive Treatment Amendment Regulations 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Assisted Reproductive Treatment Amendment Regulations 2014 S.R. No. 192/2014 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Principal Regulations 1 5 New regulation 13A inserted 2 13A Register of pre-1988 donor treatment procedures to be kept by registered ART Provider 2 6 Fee for applications for information 2 7 New Schedule 3A inserted 2 Schedule 3A—Information to be Recorded in Register of Pre-1988 Donor Treatment Procedures Kept by Registered Art Provider 2 1 Information relating to donors of gametes used in pre-1988 donor treatment procedures 2 2 Information relating to each woman on whom a pre-1988 donor treatment procedure was carried out by a registered ART provider and the partner, if any, of each woman 4 3 Information relating to outcome of pre-1988 donor treatment procedures 5 4 Information relating to each pre-1988 donor treatment procedure carried out on a woman by the registered ART provider 5 5 Information relating to the use of donor gametes in a pre-1988 donor treatment procedure carried out by a registered ART provider 6 6 Information relating to each child born as a result of a pre-1988 donor treatment procedure carried out by the registered ART provider 7 ═══════════════ ENDNOTES 9 -- 1 of 10 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 192/2014 Assisted Reproductive Treatment Act 2008 Assisted Reproductive Treatment Amendment Regulations 2014 The Governor in Council makes the following Regulations: Dated: 29 October 2014 Responsible Minister: DAVID DAVIS Minister for Health YVETTE CARISBROOKE Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Assisted Reproductive Treatment Regulations 2009 as a result of the enactment of the Assisted Reproductive Treatment Further Amendment Act 2014. 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 30 October 2014. 4 Principal Regulations In these Regulations, the Assisted Reproductive Treatment Regulations 20091 are called the Principal Regulations. -- 2 of 10 -- S.R. No. 192/2014 Assisted Reproductive Treatment Amendment Regulations 2014 2 Authorised by the Chief Parliamentary Counsel 5 New regulation 13A inserted After regulation 13 of the Principal Regulations insert— "13A Register of pre-1988 donor treatment procedures to be kept by registered ART Provider For the purposes of section 49A of the Act, the prescribed information is the information listed in Schedule 3A.". 6 Fee for applications for information In regulation 16 of the Principal Regulations, after "sections 56(3)(b)" insert "and 60A(2)(b)". 7 New Schedule 3A inserted After Schedule 3 to the Principal Regulations insert— "SCHEDULE 3A Regulation 13A INFORMATION TO BE RECORDED IN REGISTER OF PRE-1988 DONOR TREATMENT PROCEDURES KEPT BY REGISTERED ART PROVIDER 1 Information relating to donors of gametes used in pre-1988 donor treatment procedures The following information is required in relation to each pre-1988 donor of gametes— (a) the unique donor identifier; (b) the full name of the donor; (c) the date of birth of the donor; (d) the donor's place of birth (suburb or town and country); (e) the sex of the donor; r. 5 -- 3 of 10 -- S.R. No. 192/2014 Assisted Reproductive Treatment Amendment Regulations 2014 3 Authorised by the Chief Parliamentary Counsel (f) any other name by which the donor is or has been known; (g) the donor's residential address and contact telephone number; (h) the date and place where the donor produced the gamete; (i) if the gametes were not produced at the premises of the registered ART provider, the date on which the gamete was received by the registered ART provider; (j) the ethnic background of the donor's parents and grandparents; (k) the donor's height; (l) the donor's build; (m) the donor's blood group; (n) any genetic abnormality of the donor and, if available, any results of tests undertaken in relation to that abnormality; (o) the donor's hair colour; (p) the donor's eye colour; (q) the donor's marital status; (r) the donor's occupation; (s) the donor's education; (t) the donor's interests; (u) the number of women who have children conceived using the donor's gametes including the donor and any current or former partner of the donor; (v) the total number of children born as a result of treatment procedures carried out by the registered ART provider using the donor's gametes; r. 7 -- 4 of 10 -- S.R. No. 192/2014 Assisted Reproductive Treatment Amendment Regulations 2014 4 Authorised by the Chief Parliamentary Counsel (w) whether the donor has donated gametes to any other registered ART provider or a doctor. 2 Information relating to each woman on whom a pre- 1988 donor treatment procedure was carried out by a registered ART provider and the partner, if any, of each woman (1) The following information is required in relation to each woman on whom a pre-1988 donor treatment procedure was carried out by the registered ART provider— (a) the name of the doctor performing the procedure; (b) the full name of the woman; (c) the date of birth of the woman; (d) the place of birth of the woman (suburb or town and country); (e) any genetic abnormality of the woman and, if available, any results of tests undertaken in relation to that abnormality; (f) if the woman gave birth to a child as a result of a previous treatment procedure— (i) the name of the registered ART provider or doctor who carried out the treatment procedure; and (ii) if the child was conceived using donor gametes, the unique donor identifier. (2) If the woman had a partner, the following information is required in relation to her partner— (a) the full name of the partner; (b) the date of birth of the partner; (c) the place of birth of the partner (suburb or town and country); r. 7 -- 5 of 10 -- S.R. No. 192/2014 Assisted Reproductive Treatment Amendment Regulations 2014 5 Authorised by the Chief Parliamentary Counsel (d) the partner's gender; (e) if the partner's gametes were used in the treatment procedure, any genetic abnormality of the partner and, if available, any results of tests undertaken in relation to that abnormality. 3 Information relating to outcome of pre-1988 donor treatment procedures The following information is required in relation to the outcome of each pre-1988 donor treatment procedure that was carried out by the registered ART provider— (a) the unique patient identifiers of the woman who underwent the treatment procedure and her partner (if any); (b) the unique donor identifier; (c) the date on which the treatment procedure was carried out; (d) the outcome of the treatment procedure; (e) if there was a miscarriage of a pregnancy resulting from the treatment procedure— (i) the date on which the miscarriage occurred (if known); and (ii) the reason for the miscarriage (if known). 4 Information relating to each pre-1988 donor treatment procedure carried out on a woman by the registered ART provider The following information is required in relation to each pre-1988 donor treatment procedure carried out on a woman by the registered ART provider— r. 7 -- 6 of 10 -- S.R. No. 192/2014 Assisted Reproductive Treatment Amendment Regulations 2014 6 Authorised by the Chief Parliamentary Counsel (a) the unique patient identifiers of the woman on whom the treatment procedure is carried out and, if applicable, her partner; (b) the date of the woman's consent to undergo the treatment procedure and, if applicable, the date of her partner's consent to the treatment procedure; (c) the date and place where the treatment procedure was carried out; (d) the kind of treatment procedure carried out; (e) the name of the doctor who carried out the treatment procedure; (f) the date on which the treatment cycle commenced; (g) in relation to the donor of gametes used in the treatment procedure— (i) whether the donor was known to the woman; and (ii) the date of the donor's consent to use the gametes in a treatment procedure; and (iii) the unique donor identifiers for each person who produced the gametes used; and (h) the outcome of the treatment procedure. 5 Information relating to the use of donor gametes in a pre-1988 donor treatment procedure carried out by a registered ART provider (1) The following information is required in relation to each pre-1988 treatment procedure using donor gametes carried out by the registered ART provider— r. 7 -- 7 of 10 -- S.R. No. 192/2014 Assisted Reproductive Treatment Amendment Regulations 2014 7 Authorised by the Chief Parliamentary Counsel (a) whether the gametes used in the treatment procedure were thawed or fresh; (b) if the gametes used in the treatment procedure were transferred to the registered ART provider, the date the gametes were received by the registered ART provider and from whom the gametes were transferred; (c) the outcome of the treatment procedure. (2) The following information is required in relation to the formation or attempted formation of an embryo outside the body of a woman by a registered ART provider for the purposes of a donor treatment procedure— (a) the embryo reference number; (b) the name of the doctor performing the treatment procedure; (c) the registered ART provider record number, unique donor identifier or unique patient identifier of the man who produced the sperm or the woman who produced the oocyte; (d) the date on which the gametes were produced; (e) the time and date at which the sperm and oocyte were placed together; (f) the time and date at which fertilisation was confirmed; (g) the outcome of the treatment procedure. 6 Information relating to each child born as a result of a pre-1988 donor treatment procedure carried out by the registered ART provider The following information is required in relation to each child born (including each child born in a multiple birth) as a result of a pre-1988 donor r. 7 -- 8 of 10 -- S.R. No. 192/2014 Assisted Reproductive Treatment Amendment Regulations 2014 8 Authorised by the Chief Parliamentary Counsel treatment procedure carried out by the registered ART provider— (a) the unique patient identifiers of the woman who underwent the procedure and her partner, if any; (b) the unique donor identifier; (c) the date on which the procedure was carried out; (d) the child's name and sex; (e) the child's date of birth; (f) the place of birth (full address); (g) the child's birth weight; (h) the child's gestational age; (i) any physical or other abnormality discerned at or about the time of birth; (j) if the child was not liveborn, the reason; (k) if the birth was a multiple birth— (i) the place of each child in the order of birth; and (ii) the total number of children of the birth, whether liveborn or not. __________________". ═══════════════ r. 7 -- 9 of 10 -- S.R. No. 192/2014 Assisted Reproductive Treatment Amendment Regulations 2014 9 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 177/2009 as amended by S.R. Nos 74/2010 and 92/2013. Endnotes -- 10 of 10 --