Assisted Reproductive Treatment Amendment Act 2016
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Assisted Reproductive Treatment Amendment Act
2016
No. 6 of 2016
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 2
3 Principal Act 3
Part 2—Assisted Reproductive Treatment Act 2008 amended 4
4 Definitions 4
5 Information to be given by registered ART providers 4
6 Information to be given by doctors 5
7 New section 52AA inserted 5
8 Information to be given by registered ART provider—register
of pre-1988 donor treatment procedures 5
9 Information may be given by individuals—pre-1988 donor
treatment procedures 6
10 Keeping of Central Register 6
11 Correction of Central Register on request 7
12 Registrar to correct or include information on Central Register
without request 7
13 Application for information on Central Register 8
14 Application relating to person born as a result of pre-1988
donor treatment procedure—access to public records 8
15 New sections 56B to 56N inserted 8
16 Disclosure of information that does not identify a person 21
17 Disclosure of information to parent of person born as a result
of donor treatment or donor 21
18 Section 59 substituted 22
19 Section 60 substituted 23
20 Application for information on Central Register about donor
siblings 23
21 Requirement for counselling 23
22 Section 62 substituted 23
23 Section 63 repealed and new Divisions 3A and 3B inserted in
Part 6 25
24 New sections 66A, 66B and 66C inserted 41
25 Counselling under this Part 43
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26 New section 67B inserted 43
27 Disclosure of information from Central Register to registered
ART provider 44
28 Registrar to keep Voluntary Register 44
29 Information to be recorded in the Voluntary Register 45
30 Disclosure of information 45
31 Requirement for counselling 45
32 Counselling under this Part 46
33 Powers, functions, duties and consultation requirements 46
34 New sections 100A and 100B inserted 46
35 Prohibition on destruction of documents 47
36 Records identifying donor treatment procedure participants to
be kept 47
37 New Division 6 of Part 13 inserted 48
Part 3—Births, Deaths and Marriages Registration Act 1996
amended 52
38 Definitions 52
39 Birth registration of child conceived by a donor treatment
procedure 52
40 New section 48A inserted 52
Part 4—Repeal of amending Act 53
41 Repeal of amending Act 53
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Endnotes 54
1 General information 54
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Assisted Reproductive Treatment
Amendment Act 2016†
No. 6 of 2016
[Assented to 1 March 2016]
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The main purposes of this Act are—
(a) to amend the Assisted Reproductive
Treatment Act 2008—
(i) to enable persons born as a result of a
donor treatment procedure carried out
using gametes that were donated before
1 January 1998 to obtain identifying
Victoria
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information about the donor from the
Central Register without obtaining the
donor's consent; and
(ii) to provide for contact preferences to be
lodged by—
(A) persons who donated gametes
before 1 January 1998; and
(B) persons who donated gametes
before 1 January 1998, on behalf
of their children; and
(C) persons born as a result of donor
treatment procedures; and
(iii) to provide for the Victorian Assisted
Reproductive Treatment Authority to
keep the Central Register and the
Voluntary Register; and
(iv) to enhance the Authority's powers to
obtain information about gamete
donations made before 1 January 1998;
and
(v) to otherwise improve the operation of
that Act; and
(b) to make consequential amendments to the
Births, Deaths and Marriages
Registration Act 1996.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 March 2017, it comes into
operation on that day.
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3 Principal Act
In this Act, the Assisted Reproductive
Treatment Act 2008 is called the Principal Act.
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Part 2—Assisted Reproductive Treatment
Act 2008 amended
4 Definitions
(1) In section 3 of the Principal Act—
(a) in the definition of Central Register, for
"Registrar" substitute "Authority";
(b) in the definition of Voluntary Register, for
"Registrar" substitute "Authority".
(2) In section 3 of the Principal Act insert the
following definitions—
"contact preference means a written statement
lodged under section 63C or 63I;
Health Services Commissioner means the
Commissioner as defined in the Health
Services (Conciliation and Review)
Act 1987;
pre-1998 donor means a person who donated
gametes before 1 January 1998;
pre-1998 donor treatment procedure means a
donor treatment procedure carried out using
gametes donated before 1 January 1998;
production order means an order referred to in
section 56D(1);".
5 Information to be given by registered ART
providers
(1) In the heading to section 51 of the Principal Act,
for "Registrar" substitute "Authority".
(2) In section 51(1) of the Principal Act, for
"Registrar" (wherever occurring) substitute
"Authority".
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6 Information to be given by doctors
(1) In the heading to section 52 of the Principal Act,
for "Registrar" substitute "Authority".
(2) In section 52(1) of the Principal Act, for
"Registrar" substitute "Authority".
7 New section 52AA inserted
After section 52 of the Principal Act insert—
"52AA Information to be given to the Registrar
by the Authority
If the Authority receives information under
section 51(1) or 52(1) in relation to the birth
of a person born as a result of a donor
treatment procedure, the Authority must give
the following information to the Registrar to
enable the Registrar to perform functions
under section 17B(1A) of the Births, Deaths
and Marriages Registration Act 1996—
(a) the name and date of birth of the person
born as a result of the donor treatment
procedure; and
(b) the name of the woman on whom the
procedure was carried out and the name
of her partner, if any.".
8 Information to be given by registered ART
provider—register of pre-1988 donor treatment
procedures
(1) In the heading to section 52A of the Principal Act,
for "Registrar" substitute "Authority".
(2) In section 52A of the Principal Act, for
"Registrar" substitute "Authority".
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9 Information may be given by individuals—pre-1988
donor treatment procedures
(1) For the heading to section 52B of the Principal
Act substitute—
"Information may be given to Authority by
persons other than registered ART providers—
pre-1988 donor treatment procedures".
(2) In section 52B(1) of the Principal Act—
(a) for "natural person" substitute "person other
than a registered ART provider";
(b) for "Registrar" (wherever occurring)
substitute "Authority".
(3) In section 52B(2) of the Principal Act—
(a) omit "natural";
(b) for "Registrar" substitute "Authority".
10 Keeping of Central Register
(1) In the heading to section 53 of the Principal Act,
for "Registrar" substitute "Authority".
(2) In section 53 of the Principal Act, for "Registrar"
(wherever occurring) substitute "Authority".
(3) After section 53(ab) of the Principal Act insert—
"(ac) results described in section 56L(2)(c) that
are given to the Authority in response to a
request made under section 56L(2); and
(ad) results described in section 56M(2)(c) that
are given to the Authority in response to a
request made under section 56M(2); and
(ae) the information contained in the Central
Register kept by the Registrar immediately
before the commencement of section 10 of
the Assisted Reproductive Treatment
Amendment Act 2016; and".
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11 Correction of Central Register on request
(1) In the heading to section 54 of the Principal Act,
for "Registrar" substitute "Authority".
(2) In section 54(1) of the Principal Act, for
"Registrar" substitute "Authority".
(3) In section 54(3) of the Principal Act—
(a) for "Registrar's" (wherever occurring)
substitute "Authority's";
(b) for "Registrar" substitute "Authority".
(4) In section 54(4) of the Principal Act—
(a) for "Registrar" substitute "Authority";
(b) for "Registrar's" substitute "Authority's".
12 Registrar to correct or include information on
Central Register without request
(1) In the heading to section 54A of the Principal Act,
for "Registrar" substitute "Authority".
(2) In section 54A(1) of the Principal Act—
(a) for "Registrar" substitute "Authority";
(b) for "section 52A" substitute
"section 52A, 63A";
(c) for "Registrar's" substitute "Authority's".
(3) In section 54A(2) of the Principal Act—
(a) for "Registrar" substitute "Authority";
(b) for "section 52B or 56A(2)" substitute
"section 52B, 56A(2), 56B or 56J or under a
production order";
(c) for "Registrar's" substitute "Authority's".
(4) In section 54A(3) of the Principal Act, for
"Registrar" substitute "Authority".
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13 Application for information on Central Register
(1) In section 56(1) of the Principal Act, after
"persons may apply" insert "to the Authority".
(2) In section 56(3)(a) of the Principal Act, for
"Registrar" substitute "Authority".
14 Application relating to person born as a result of
pre-1988 donor treatment procedure—access to
public records
In section 56A(2) and (3) of the Principal Act, for
"Registrar" (wherever occurring) substitute
"Authority".
15 New sections 56B to 56N inserted
After section 56A of the Principal Act insert—
"56B Authority may request records—pre-1988
donor treatment procedures
(1) This section applies if—
(a) an applicant under section 56(1)
requests information relating to a
person born as a result of a pre-1988
donor treatment procedure; and
(b) records relating to the donor treatment
procedure are not among records from
Prince Henry's Institute of Medical
Research in the custody of the Public
Record Office.
(2) If the Authority believes on reasonable
grounds that a person (other than a registered
ART provider) is in possession of or has
control of records relating to the donor
treatment procedure, the Authority may,
subject to subsection (3), request the person
to locate and give the records to the
Authority.
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(3) The Authority must not request records
under this section from a child of a donor
unless—
(a) the donor consents to the Authority
making the request; or
(b) the child has previously initiated
contact with the Authority.
(4) A request under subsection (2) must be in
writing and must set out the requirements of
this section.
(5) A person who receives a request under
subsection (2) must, within 60 days of
receiving the request—
(a) make all reasonable efforts to locate the
requested records; and
(b) provide a written declaration to the
Authority stating—
(i) that the person has made all
reasonable efforts to locate the
requested records; and
(ii) whether the person is in
possession of or has control of the
requested records.
(6) If the declaration states that the person is in
possession of or has control of the requested
records, the person must, within 21 days
after providing the declaration—
(a) give the records to the Authority; or
(b) give copies of the records to the
Authority.
(7) A person is not liable for prosecution for an
offence, or to a civil action, only for giving
records, or copies of records, to the
Authority under subsection (6).
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56C Offence to disclose that Authority has
requested records—pre-1988 donor
treatment procedures
(1) A person who receives a request from the
Authority under section 56B(2) must not
disclose, whether directly or indirectly, to
any other person that the Authority has made
that request unless—
(a) the disclosure is reasonably necessary
for the purposes of locating the records
that are the subject of the request; or
(b) the disclosure is made to the person to
whom the requested records relate.
Penalty: 50 penalty units.
(2) Subsection (1) does not apply to a disclosure
of information if the Authority has not
advised the person that it is a criminal
offence to disclose to any other person that
the Authority has made the request.
56D Authority may apply to Magistrates'
Court for production order
(1) The Authority may apply to the Magistrates'
Court for an order requiring a person to
produce records relating to a particular
pre-1988 donor treatment procedure if—
(a) the Authority requested the person
under section 56B to provide records
relating to that donor treatment
procedure; and
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(b) the person, within 90 days of the
Authority giving the request—
(i) did not provide the requested
records; or
(ii) did not provide all the requested
records; and
(c) the Authority believes on reasonable
grounds that the person is in possession
of or has control of the requested
records.
(2) The Authority may make an application
under subsection (1) whether or not the
person has made a declaration under
section 56B(5) stating that the person is not
in possession of or does not have control of
the records.
(3) An application under subsection (1) must
be—
(a) supported by an affidavit made on
behalf of the Authority stating—
(i) the particulars of the request that
the Authority has made under
section 56B; and
(ii) whether the person complied with
any part of the request under
section 56B; and
(iii) the grounds on which the
Authority considers that the
person against whom the order is
sought is in possession of or has
control of the records that are the
subject of the request; and
(b) accompanied by any declaration made
by the person under section 56B(5).
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(4) As soon as practicable after the Authority
makes an application under subsection (1),
the Authority must serve a copy of the
application and the supporting affidavit on
the person against whom the production
order is sought.
56E Hearing of application for production
order
(1) The Magistrates' Court hearing an
application under section 56D(1) may
require the Authority to give the Court any
additional information that the Court requires
concerning the grounds on which the order is
sought.
(2) The respondent is entitled to be present at
any hearing of an application under
section 56D(1).
(3) Despite anything to the contrary in the Open
Courts Act 2013, an application under
section 56D(1) must be heard in closed
court.
56F Magistrates' Court may make production
order
(1) If the Magistrates' Court is satisfied that
there are reasonable grounds for believing
that the person is in possession of or has
control of records relating to the pre-1988
donor treatment procedure to which the
application relates, the Court may make a
production order requiring the person to
produce to the Authority before a day
specified in the order—
(a) the records specified in the order; or
(b) copies of the records specified in the
order.
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(2) The Authority must serve a copy of an order
made under this section on the person against
whom it is made.
56G Expiry of production order
If a production order has not been served on
the person against whom it was made before
the day that is 2 months after the making of
the order, the order expires on that day.
56H Failure to comply with production order
(1) A person against whom a production order
has been made and who has been served with
the order must not, without reasonable
excuse, fail to comply with the order.
Penalty: 50 penalty units.
(2) A person is not liable for prosecution for an
offence, or to a civil action, only for
producing records when required to do so by
a production order.
56I Medical professional privilege,
contravention of ethics not a reasonable
excuse
(1) It is not a reasonable excuse for a person to
refuse to or fail to comply with a production
order on the ground of medical professional
privilege or on the ground that complying
with the order would constitute
unprofessional conduct or a breach of
professional ethics.
(2) Sections 28(2), 28(3) and 32C of the
Evidence (Miscellaneous Provisions)
Act 1958 do not apply to prevent the
production of records as required by a
production order.
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56J Authority may request additional
information in order to identify pre-1998
donor
(1) This section applies if—
(a) an application has been made under
section 56(1) by a person born as a
result of a pre-1998 donor treatment
procedure; and
(b) there is insufficient information on the
Central Register to identify the donor of
gametes used in the procedure; and
(c) the Authority is satisfied that records
identifying the donor are not among
records from Prince Henry's Institute of
Medical Research in the custody of the
Public Record Office; and
(d) the applicant consents to the Authority
requesting information under this
section.
(2) Subject to subsections (4) and (5), the
Authority may for the purposes of
identifying the donor—
(a) request information relating to the
donor or to the donor treatment
procedure from any person (including a
registered ART provider); and
(b) for the purposes of making a request
under paragraph (a), disclose to any
person information contained on the
Central Register.
(3) A request under subsection (2)(a) must be
made in accordance with any guidelines
issued under section 100A.
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(4) The Authority must not request information
under subsection (2)(a) from a child of a
person whose name is entered on the Central
Register as a donor unless—
(a) the person whose name is entered on
the Central Register consents to the
Authority making the request; or
(b) the child has previously initiated
contact with the Authority.
(5) The Authority must not request under
subsection (2)(a) records relating to pre-1988
donor treatment procedures.
56K Offence to disclose that Authority has
requested additional information relating
to donor or donor treatment procedures
(1) A person who receives a request from the
Authority under section 56J(2) must not
disclose, whether directly or indirectly, to
any other person that the Authority has made
that request unless—
(a) the disclosure is reasonably necessary
for the purposes of locating the
information that is the subject of the
request; or
(b) in the case of records, the disclosure is
made to the person to whom the
requested records relate.
Penalty: 50 penalty units.
(2) Subsection (1) does not apply to a disclosure
of information if the Authority has not
advised the person or the registered ART
provider that it is a criminal offence to
disclose to any other person that the
Authority has made the request.
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56L Authority may request genetic test results
of suspected donor
(1) This section applies if—
(a) an application has been made under
section 56(1) by a person born as a
result of a pre-1998 donor treatment
procedure; and
(b) there is insufficient information on the
Central Register to determine whether a
person whose name is entered on the
Central Register as a donor is the donor
of gametes used in the procedure.
(2) The Authority may, for the purposes of
establishing a genetic link between the
person whose name is entered on the Central
Register and the applicant, request that the
person whose name is entered on the Central
Register—
(a) undergo genetic testing at a place
specified by the Authority; and
(b) consent to the comparison of the results
of the genetic testing described in
paragraph (a) with a DNA profile or
genetic test results relating to the
applicant; and
(c) consent to the results of the comparison
described in paragraph (b) being given
to the Authority.
56M Authority may request genetic test results
of relative of suspected donor
(1) This section applies if—
(a) an application has been made under
section 56(1) by a person born as a
result of a pre-1998 donor treatment
procedure; and
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(b) the Authority reasonably believes that a
person whose name is entered on the
Central Register as a donor may be the
donor of gametes used in the procedure;
and
(c) the Authority has—
(i) made a request under
section 56L(2) of the person
whose name is entered on the
Central Register; or
(ii) made all reasonable efforts to
locate the person whose name is
entered on the Central Register for
the purposes of making a request
under section 56L(2).
(2) Subject to subsection (3), the Authority may,
for the purposes of establishing a genetic link
between the person whose name is entered
on the Central Register and the applicant,
request that an adult blood relative of the
person whose name is entered on the Central
Register—
(a) undergo genetic testing at a place
specified by the Authority; and
(b) consent to the comparison of the results
of the genetic testing described in
paragraph (a) with a DNA profile or
genetic test results relating to the
applicant; and
(c) consent to the results of the comparison
described in paragraph (b) being given
to the Authority.
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(3) The Authority may make a request under
subsection (2) only if—
(a) the person whose name is entered on
the Central Register is deceased; or
(b) the person whose name is entered on
the Central Register is considered to be
a missing person by Victoria Police, the
police force of any other State or a
territory or the Australian Federal
Police; or
(c) the Authority considers that there are
exceptional circumstances that justify
making a request under subsection (2)
in the particular case.
(4) If the Authority intends to make a request
under subsection (2) on the basis that there
are exceptional circumstances that justify
making the request, the Authority must make
all reasonable efforts to give notice of the
intended request to the person whose name is
entered on the Central Register.
(5) If a person is given notice under
subsection (4) of an intended request, that
person may apply to VCAT for a review of
the decision of the Authority to make the
intended request.
(6) An application to VCAT must be made—
(a) if the person does not request
reasons for the decision under
section 45 of the Victorian Civil and
Administrative Tribunal Act 1998,
within 28 days of receiving the notice
under subsection (4); or
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(b) if the person does request reasons for
the decision under section 45 of the
Victorian Civil and Administrative
Tribunal Act 1998, within 28 days of
receiving the written reasons under that
Act.
(7) If notice of an intended request is given
under subsection (4), the Authority may
make that request only if—
(a) the person does not apply for a review
of the decision of the Authority to make
the intended request within the period
set out in subsection (6)(a) or (b); or
(b) VCAT has reviewed the Authority's
decision to make the intended request
and has confirmed the Authority's
decision.
56N Authority to be satisfied of relationship
before disclosing information
(1) The Authority must not disclose information
(whether identifying or non-identifying)
under this Part about a person whose name
is entered on the Central Register as a donor
to a person born as a result of a donor
treatment procedure or a parent or
descendant of a person born as a result of a
donor treatment procedure unless satisfied
under subsection (4) that the person whose
name is entered on the Central Register and
the person born as a result of a donor
treatment procedure are related.
(2) The Authority must not disclose information
(whether identifying or non-identifying)
under this Part about a person born as a
result of a donor treatment procedure to a
person whose name is entered on the Central
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Register as a donor unless satisfied under
subsection (4) that the person whose name is
entered on the Central Register and the
person born as a result of a donor treatment
procedure are related.
(3) The Authority must not disclose information
about a donor sibling under section 60A to a
person born as a result of a donor treatment
procedure or a parent of that person unless
satisfied under subsection (4) that—
(a) the person whose name is entered on
the Central Register as a donor and the
person born as a result of donor
treatment are related; and
(b) the donor sibling—
(i) is a person born as a result of a
donor treatment procedure; and
(ii) is related to the person whose
name is entered on the Central
Register referred to in
paragraph (a).
(4) The Authority may be satisfied that a person
whose name is entered on the Central
Register as a donor and a person born as a
result of a donor treatment procedure are
related if—
(a) a unique donor identifier recorded in
the Central Register links the person
whose name is entered on the Central
Register and the person born as a result
of a donor treatment procedure; or
(b) a comparison of genetic testing results
provided to the Authority establishes
that the person whose name is entered
on the Central Register and the person
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born as a result of a donor treatment
procedure are genetically related; or
(c) the Authority, having regard to all
available information and any
guidelines issued under section 100A,
reasonably believes that—
(i) the person whose name is entered
on the Central Register and the
person born as a result of a donor
treatment procedure are
genetically related; and
(ii) there is no reasonable likelihood
that any other person may be the
donor of the person born as a
result of a donor treatment
procedure.
(5) In this section—
unique donor identifier means a unique
identifier used by a registered ART
provider or a doctor carrying out
artificial insemination other than on
behalf of a registered ART provider for
the purposes of identifying an
individual donor.".
16 Disclosure of information that does not identify a
person
In section 57(1) of the Principal Act, for
"Registrar" substitute "Authority".
17 Disclosure of information to parent of person born
as a result of donor treatment or donor
(1) In section 58(1) of the Principal Act, for
"Registrar" (wherever occurring) substitute
"Authority".
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(2) After section 58(2) of the Principal Act insert—
"(3) Disclosure of identifying information under
this section is subject to—
(a) if the application was made by a parent
of a person born as a result of a donor
treatment procedure, Division 3A;
(b) if the application was made by a donor,
Division 3B.".
18 Section 59 substituted
For section 59 of the Principal Act substitute—
"59 Disclosure of information to persons born
as a result of a donor treatment procedure
Subject to Division 3A, on receipt of an
application under section 56 from a person
born as a result of a donor treatment
procedure, the Authority must disclose to
the applicant identifying information about
another person—
(a) if the applicant is an adult; or
(b) if the applicant is a child and—
(i) the applicant's parent or guardian
has consented to the making of the
application; or
(ii) a counsellor has provided
counselling to the person and
advised the Authority under
section 67A(3) that the applicant
is sufficiently mature to
understand the consequences of
the disclosure.".
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19 Section 60 substituted
For section 60 of the Principal Act substitute—
"60 Disclosure of information to persons
descended from persons born as a result
of donor treatment procedure
Subject to Division 3A, on receipt of an
application under section 56 from a person
who is descended from a person born as a
result of a donor treatment procedure, the
Authority may disclose to the person
identifying information about the donor
from whom the person is descended.".
20 Application for information on Central Register
about donor siblings
In section 60A(2) and (3) of the Principal Act, for
"Registrar" substitute "Authority".
21 Requirement for counselling
(1) In section 61(1) of the Principal Act—
(a) for "Registrar" (wherever occurring)
substitute "Authority";
(b) in paragraph (b), after "counselling" insert
"on prescribed matters".
(2) Section 61(3) of the Principal Act is repealed.
22 Section 62 substituted
For section 62 of the Principal Act substitute—
"62 Notice to be given of intended disclosure
(1) If the Authority intends to disclose under this
Division identifying information relating to a
person (other than a pre-1998 donor or a
person born as a result of a donor treatment
procedure), the Authority must make all
reasonable efforts to give notice of the
intended disclosure to that person.
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(2) If the Authority intends to disclose
identifying information under this Division
relating to a pre-1998 donor, the Authority
must make all reasonable efforts to inform
the donor that—
(a) an application for the disclosure of the
donor's identifying information has
been made by—
(i) a person born as a result of a
donor treatment procedure; or
(ii) the parent of a person born as a
result of a donor treatment
procedure; or
(iii) a person who is descended from a
person born as a result of a donor
treatment procedure; and
(b) the donor may lodge with the Authority
a contact preference under section 63C;
and
(c) the donor may undergo counselling by
a counsellor on behalf of the Authority
before the donor lodges a contact
preference.
(3) If the Authority intends to disclose
identifying information under this Division
relating to a person born as a result of a
donor treatment procedure, the Authority
must make all reasonable efforts to inform
that person or, if the person is a child, the
person's parent or guardian—
(a) that an application for the disclosure of
the person's identifying information has
been made by the donor whose gametes
were used in the donor treatment
procedure; and
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(b) that the person born as a result of a
donor treatment procedure or, if the
person is a child, the person's parent or
guardian, may lodge with the Authority
a contact preference under section 63I;
and
(c) that the person or, if the person is a
child, the person's parent or guardian,
may undergo counselling by a
counsellor on behalf of the Authority
before a contact preference is lodged.".
23 Section 63 repealed and new Divisions 3A and 3B
inserted in Part 6
For section 63 of the Principal Act substitute—
"Division 3A—Disclosure and contact
preferences for pre-1998 donors
63 Disclosure of information if pre-1998
donor deceased or not located
(1) If a person applies under section 56(1) for
the disclosure of identifying information
about a pre-1998 donor, the Authority may
disclose identifying information under
Division 3 about the donor without giving
notice under section 62(2) if—
(a) despite making all reasonable efforts
to locate the donor, the Authority has
not located the pre-1998 donor within
4 months of the application being
made; or
(b) the donor is deceased.
(2) The Authority must not disclose identifying
information under Division 3 about a
pre-1998 donor unless the applicant gives
the Secretary—
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(a) an undertaking not to contact the donor;
and
(b) an undertaking to provide the Authority
with any information the applicant
subsequently receives from a source
other than the Authority from which the
pre-1998 donor may be directly or
indirectly located.
(3) An applicant who gives an undertaking
under subsection (2)(a) must not knowingly
contact the pre-1998 donor unless the contact
is a continuation of, or a similar kind to,
contact that the applicant had with the donor
before the applicant made the application.
Penalty: 50 penalty units.
63A Information leading to location of donor
(1) If, after receiving identifying information
from the Authority about a pre-1998 donor
who could not be located, an applicant
receives, from a source other than the
Authority, information from which the
pre-1998 donor may be directly or indirectly
located, the applicant must, as soon as
reasonably practicable, provide the Authority
with that information.
(2) If the Authority receives information relating
to a pre-1998 donor under subsection (1), the
Authority must make all reasonable efforts to
inform the donor—
(a) that their identifying information has
been released to a person under
Division 3; and
(b) that the donor may lodge with the
Authority a contact preference under
section 63C relating to that person; and
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(c) that the donor may undergo counselling
by a counsellor on behalf of the
Authority before the donor lodges a
contact preference.
63B Time limit for disclosure of identifying
information about pre-1998 donors
(1) If the Authority has given a pre-1998 donor
a notice under section 62(2), the Authority
must disclose under Division 3 the
identifying information about the pre-1998
donor as soon as reasonably practicable after
the earlier of the following—
(a) if the donor consents to the disclosure,
the day of that consent;
(b) 4 months after the notice was given.
(2) If, under section 63, the Authority is not
required to give a notice before disclosing
identifying information about a pre-1998
donor under Division 3, the Authority must
disclose the information as soon as
reasonably practicable after 4 months after
the application under section 56 was made.
(3) Despite subsections (1)(b) and (2), the
Authority may delay disclosure of the
identifying information by a further
4 months if the Authority considers there
are exceptional circumstances that justify
delaying the disclosure of the information.
63C Contact preference for pre-1998 donors
(1) If an application is made for the disclosure of
identifying information about a pre-1998
donor, the donor may lodge with the
Authority either or both of the following—
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(a) a written statement setting out the
donor's wishes about being contacted
by the applicant for the disclosure of
the information;
(b) a written statement setting out the
donor's wishes about the donor's child
being contacted by the applicant for the
disclosure of the donor's information.
(2) A contact preference lodged under
subsection (1) must be in the form approved
by the Secretary.
(3) A contact preference lodged under
subsection (1) must be lodged with the
Authority before the first day on which there
is contact between the donor and the
applicant to whom the contact preference
relates.
(4) A contact preference lodged under
subsection (1)(a) may state either that—
(a) the pre-1998 donor does not wish to be
contacted by the applicant; or
(b) the donor wishes any contact with the
applicant to occur only in a specified
way.
(5) A contact preference lodged under
subsection (1)(b) may state either that—
(a) the pre-1998 donor does not wish the
child to be contacted by the applicant;
or
(b) the donor wishes any contact between
the child and the applicant to occur
only in a specified way.
(6) If a pre-1998 donor lodges a contact
preference under subsection (1)(b), the
Authority may—
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(a) have regard to the child's wishes in
relation to the lodgement of the contact
preference; and
(b) if the child's wishes in relation to the
lodgement are different from the
pre-1998 donor's, comply with the
donor's wishes only if the Authority
considers it reasonable in the
circumstances.
(7) The Authority must give the applicant a copy
of a contact preference lodged under
subsection (1) as soon as practicable after it
is lodged with the Authority.
(8) The Authority must maintain records of
contact preferences lodged under
subsection (1).
63D Duration of contact preferences lodged by
pre-1998 donors
(1) Subject to subsection (2), a contact
preference lodged under section 63C
continues in force for 5 years after—
(a) the contact preference is lodged with
the Authority; or
(b) the contact preference is extended
under subsection (3).
(2) A contact preference lodged under
section 63C(1)(b) expires on the day on
which the child who is the subject of the
contact preference turns 18 years of age.
(3) A pre-1998 donor who lodges a contact
preference under section 63C may extend
that contact preference by written notice to
the Authority.
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(4) Before a contact preference expires under
subsection (1), the Authority must make all
reasonable efforts to give the pre-1998 donor
who lodged the contact preference written
notice—
(a) as to when the contact preference will
expire under subsection (1); and
(b) that the donor may extend the contact
preference under subsection (3).
(5) The Authority must, as soon as practicable
after a contact preference expires under
subsection (1) or (2) or is extended under
subsection (3), notify the applicant to whom
the contact preference relates.
63E Amendment of contact preferences lodged
by pre-1998 donors
(1) Subject to subsection (2), a pre-1998 donor
who lodges a contact preference under
section 63C may amend the contact
preference by written notice to the Authority.
(2) A pre-1998 donor must not amend a contact
preference unless there has been no contact
between the donor and the applicant to
whom the contact preference relates.
(3) If a pre-1998 donor amends a contact
preference, the Authority must, as soon as
practicable after the contact preference is
amended—
(a) notify the applicant to whom the
amended contact preference relates—
(i) that the contact preference has
been amended; and
(ii) of the particulars of the
amendment; and
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(iii) that the applicant may undergo
counselling by a counsellor on
behalf of the Authority; and
(b) give the applicant a copy of the
amended contact preference.
63F Withdrawal of contact preferences lodged
by pre-1998 donors
(1) A pre-1998 donor may, by written notice to
the Authority, withdraw a contact preference
lodged under section 63C by that donor.
(2) If a pre-1998 donor withdraws a contact
preference, the donor cannot lodge a
subsequent contact preference in relation to
the applicant to whom the withdrawn contact
preference relates if there has been contact
between the applicant and the donor.
(3) If a pre-1998 donor withdraws a contact
preference, the Authority must, as soon as
practicable after the contact preference is
withdrawn, notify the applicant to whom the
withdrawn contact preference relates.
63G Undertaking required from applicant
for identifying information relating to
pre-1998 donors
(1) The Authority must not disclose identifying
information relating to a pre-1998 donor
in response to an application under
section 56(1) unless the applicant gives
an undertaking to the Secretary to comply
with the donor's contact preferences as set
out in—
(a) any contact preference lodged by the
donor under section 63C (whether or
not the contact preference is lodged at
the time the undertaking is given); and
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(b) if the contact preference is amended by
the donor under section 63E, that
preference as amended (whether or not
the amended contact preference is
lodged at the time the undertaking is
given).
(2) An applicant who gives an undertaking
under subsection (1) must not knowingly
contact the pre-1998 donor in contravention
of the contact preference or the amended
contact preference unless the contact is a
continuation of, or of a similar kind to,
contact that the applicant had with the donor
before the applicant knew of the contact
preference or the amended contact
preference (as the case requires).
Penalty: 50 penalty units.
(3) Subsection (2) does not apply if the applicant
has not been given—
(a) in case of a contravention of a contact
preference, a copy of the contact
preference under section 63C(7); or
(b) in case of a contravention of an
amended contact preference, a copy
of the amended contact preference
under section 63E(3)(b).
63H Applications from children for
information relating to pre-1998 donors
(1) This section applies in relation to an
application made under section 56(1) if the
applicant is a person born as a result of a
pre-1998 donor treatment procedure who is
a child at the time the application is made.
(2) The Authority must not release identifying
information relating to the pre-1998 donor
in response to the application unless a
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counsellor has provided counselling to the
applicant and advised the Authority under
section 67A(3) that the applicant is
sufficiently mature to understand the
consequences of giving an undertaking
under section 63G(1).
Division 3B—Contact preferences for
persons born as a result of a donor
treatment procedure
63I Contact preferences for persons born as a
result of a donor treatment procedure—
application for disclosure
(1) If an application is made under section 56(1)
for the disclosure of identifying information
about a person born as a result of a donor
treatment procedure, the person or, if the
person is a child, a parent or guardian of the
person, may lodge with the Authority a
written statement setting out the person's
wishes about being contacted by the
applicant for the disclosure of the
information.
(2) If the person born as a result of the donor
treatment procedure is a child, the Authority
may—
(a) have regard to the child's wishes in
relation to the lodgement of the contact
preference; and
(b) if the child's wishes in relation to the
lodgement are different from the
wishes of the child's parent or guardian,
comply with the wishes of the parent or
guardian only if the Authority considers
it reasonable in the circumstances.
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(3) Subject to subsection (4), a contact
preference lodged under subsection (1) must
be lodged with the Authority before the first
day on which there is contact between the
person born as a result of a donor treatment
procedure and the applicant to whom the
contact preference relates.
(4) A person born as a result of a donor
treatment procedure who was a child at the
time the application under section 56 was
made may lodge a contact preference under
subsection (1) in relation to the applicant if
any contact between the person and the
applicant occurred—
(a) before the day on which the person
turned 18 years of age; or
(b) within 6 months after the day on which
the person turned 18 years of age, and
the contact was in accordance with the
wishes set out in a contact preference
lodged by the person's parent or
guardian under subsection (1).
(5) The Authority must notify a person born as
a result of a donor treatment procedure that
the person may lodge a contact preference
as soon as practicable after the person turns
18 years of age.
(6) The Authority must give the applicant a copy
of a contact preference under subsection (1)
as soon as practicable after it is lodged with
the Authority.
(7) The Authority must maintain records of
contact preferences lodged under this
section.
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63J Form of contact preference
(1) A contact preference lodged under
section 63I must be in the form approved by
the Secretary.
(2) A contact preference may state that—
(a) the person does not wish to be
contacted by the applicant; or
(b) the person wishes any contact with the
applicant to occur only in a specified
way.
(3) The Authority must, before the contact
preference is lodged, offer the following
persons counselling by a counsellor on
matters prescribed for the purposes of this
section—
(a) if the contact preference is to be lodged
by the person born as a result of a
donor treatment procedure, that person;
(b) if the contact preference is to be lodged
by the parent or guardian of a child
born as a result of a donor treatment
procedure—
(i) the parent or guardian; and
(ii) if the Authority is informed that
the child wishes to have
counselling, the child.
63K Duration of contact preferences for person
born as a result of donor treatment
procedure
(1) Subject to section 63L, a contact preference
lodged under section 63I continues in force
for 5 years after—
(a) the contact preference is lodged with
the Authority; or
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(b) the contact preference is extended
under subsection (2).
(2) A person who lodges a contact preference
under section 63I may extend that contact
preference by written notice to the Authority.
(3) Before a contact preference expires under
subsection (1), the Authority must make all
reasonable efforts to give the person who
lodged the contact preference written
notice—
(a) as to when the contact preference will
expire under subsection (1); and
(b) that the person may extend the contact
preference under subsection (2).
(4) The Authority must, as soon as practicable
after a contact preference expires under
subsection (1) or is extended under
subsection (2), notify the applicant to whom
the contact preference relates.
63L Duration of contact preferences lodged by
parent or guardian of person born as a
result of donor treatment procedure
(1) This section applies if a contact preference
lodged under section 63I—
(a) is lodged by the parent or guardian of a
person born as a result of a donor
treatment procedure; and
(b) is in force on the day on which the
person born as a result of a donor
treatment procedure turns 18 years of
age.
(2) A contact preference to which this section
applies expires 6 months after the day on
which the person born as a result of a donor
treatment procedure turns 18 years of age.
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(3) Before a contact preference expires under
subsection (2), the Authority must make all
reasonable efforts to give the person born as
a result of a donor treatment procedure
written notice—
(a) as to when the contact preference will
expire under subsection (2); and
(b) that the person may—
(i) withdraw the contact preference;
or
(ii) withdraw the contact preference
and lodge a contact preference in
relation to the applicant to whom
the withdrawn contact preference
related; or
(iii) if the contact preference expires,
lodge a contact preference in
relation to the applicant to whom
the expired contact preference
related.
(4) The person born as a result of a donor
treatment procedure may, within 6 months
after the day on which that person turns
18 years of age, withdraw the contact
preference.
(5) If the person born as a result of a donor
treatment procedure withdraws the contact
preference under subsection (4), the person
may lodge a contact preference under
section 63I in relation to the applicant to
whom the withdrawn contact preference
related.
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(6) The Authority must, as soon as practicable
after a contact preference expires under
subsection (2) or is withdrawn under
subsection (4), notify any applicant to whom
the contact preference relates.
63M Amendment of contact preferences lodged
in relation to persons born as a result of a
donor treatment procedure
(1) Subject to subsection (2), a person who
lodges a contact preference under section 63I
may amend the contact preference by written
notice to the Authority.
(2) A person must not amend a contact
preference unless there has been no contact
between the applicant to whom the contact
preference relates and the person born as a
result of a donor treatment procedure.
(3) If a person amends a contact preference, the
Authority must—
(a) notify the applicant to whom the
amended contact preference relates—
(i) that the contact preference has
been amended; and
(ii) of the particulars of the
amendment; and
(iii) that the applicant may undergo
counselling by a counsellor on
behalf of the Authority; and
(b) give the applicant a copy of the
amended contact preference.
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63N Withdrawal of contact preferences lodged
in relation to persons born as a result of a
donor treatment procedure
(1) A person who lodges a contact preference
under section 63I may, by written notice to
the Authority, withdraw the contact
preference.
(2) If a person withdraws a contact preference,
the person cannot lodge a subsequent contact
preference in relation to the applicant to
whom the withdrawn contact preference
relates if there has been contact between the
applicant and the person born as a result of a
donor treatment procedure.
(3) If a person withdraws a contact preference,
the Authority must, as soon as practicable
after the contact preference is withdrawn,
notify the applicant to whom the withdrawn
contact preference relates.
63O Undertaking required from applicant for
identifying information relating to person
born as a result of a donor treatment
procedure
(1) The Authority must not disclose identifying
information relating to the person born as a
result of a donor treatment procedure in
response to an application under
section 56(1) unless the applicant gives an
undertaking to the Secretary to comply with
the person's contact preferences as set out
in—
(a) any contact preference (whether or not
the contact preference is lodged at the
time the undertaking is given) lodged
under section 63I by—
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(i) the person born as a result of the
donor treatment procedure; and
(ii) a parent or guardian of a person
born as a result of a donor
treatment procedure; and
(b) if the contact preference is amended
under section 63M by the person who
lodged it, that preference as amended
(whether or not the amended contact
preference is lodged at the time the
undertaking is given).
(2) An applicant who gives an undertaking
under subsection (1) must not knowingly
contact the person born as a result of the
donor treatment procedure in contravention
of the contact preference or the amended
contact preference unless the contact is a
continuation of, or of a similar kind to,
contact that the applicant had with the person
before the applicant knew of the contact
preference or the amended contact
preference (as the case requires).
Penalty: 50 penalty units.
(3) Subsection (2) does not apply if the applicant
has not been given—
(a) in case of a contravention of a contact
preference, a copy of the contact
preference under section 63I(6); or
(b) in case of a contravention of an
amended contact preference, a copy
of the amended contact preference
under section 63M(3)(b).".
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24 New sections 66A, 66B and 66C inserted
After section 66 of the Principal Act insert—
"66A Confidentiality of information on the
Central Register
(1) A member of the Authority or a person
employed or engaged by the Authority or an
organisation authorised under section 67B
must not disclose to any person, whether
directly or indirectly, any information
recorded in the Central Register.
Penalty: 50 penalty units.
(2) Despite subsection (1), the Authority or a
person employed or engaged by the
Authority or an organisation authorised
under section 67B may disclose information
recorded in the Central Register—
(a) in the exercise in good faith of a power
or a function of the Authority under this
Act; or
(b) to a court or a tribunal; or
(c) as required in the course of disciplinary
proceedings against a doctor; or
(d) as required under any other Act; or
(e) for the purposes of law enforcement.
66B Confidentiality of other information
provided to the Authority under this Part
(1) A member of the Authority or a person
employed or engaged by the Authority or an
organisation authorised under section 67B
must not disclose to any person, whether
directly or indirectly, any information
obtained under section 52B, 56A(2), 56B
or 56J or under a production order that
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cannot be included on the Central Register
under section 54A.
Penalty: 50 penalty units.
(2) Despite subsection (1), the Authority or a
person employed or engaged by the
Authority or an organisation authorised
under section 67B may disclose the
information—
(a) in the exercise in good faith of a power
or a function of the Authority under this
Act; or
(b) to a court or a tribunal; or
(c) as required in the course of disciplinary
proceedings against a doctor; or
(d) as required under any other Act; or
(e) for the purposes of law enforcement.
66C Confidentiality of information on the
Central Register disclosed by the
Authority
(1) If the Authority has disclosed information
recorded on the Central Register to a person,
that person must not disclose the information
to any other person, whether directly or
indirectly.
Penalty: 50 penalty units.
(2) Despite subsection (1), the person may
disclose information disclosed by the
Authority—
(a) to a court or a tribunal; or
(b) in the course of disciplinary
proceedings against a doctor; or
(c) as required under any other Act; or
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(d) for the purposes of law enforcement.
(3) Subsection (1) does not apply if—
(a) the Authority disclosed the information
to a person who made an application
under section 56(1) or 60A or to a
doctor nominated by that person; or
(b) the Authority disclosed the information
to a person in a notice given to that
person under section 62; or
(c) the Authority did not advise the person,
at the time of disclosure, that it is a
criminal offence to disclose that
information to any other person; or
(d) the information is disclosed to another
person by a registered ART provider in
accordance with Part 6A.".
25 Counselling under this Part
(1) In section 67A(2), (3) and (4) of the Principal Act,
for "Registrar" substitute "Authority".
(2) After section 67A(1) of the Principal Act insert—
"(1A) Counselling under this Part must be provided
by a counsellor who provides counselling on
behalf of the Authority.".
26 New section 67B inserted
After section 67A of the Principal Act insert—
"67B Authorisation of organisations
(1) The Secretary may, by written notice,
authorise an organisation to assist the
Authority in obtaining—
(a) information relating to the identity of
persons from whom the Authority may
request information under section 56J;
or
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(b) if the disclosure of identifying
information relating to a person has
been applied for under section 56(1),
information from which that person
may be located.
(2) A notice of an authorisation under this
section, and notice of any revocation or
suspension of an authorisation under this
section, must be published in the
Government Gazette.
(3) The Authority may disclose information
recorded in the Central Register to an
organisation authorised under this section to
enable that organisation to exercise a
function under this section.".
27 Disclosure of information from Central Register to
registered ART provider
(1) In section 68D of the Principal Act, for
"Registrar" substitute "Authority".
(2) At the end of section 68D of the Principal Act
insert—
"(2) Before disclosing that a person is a donor of
a person born as a result of a donor treatment
procedure, the Authority must be satisfied
that a donor and a person born as a result of a
donor treatment procedure are related within
the meaning of section 56N(4).".
28 Registrar to keep Voluntary Register
(1) In the heading to section 70 of the Principal Act,
for "Registrar" substitute "Authority".
(2) In section 70(1) of the Principal Act, for
"Registrar" substitute "Authority".
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29 Information to be recorded in the Voluntary
Register
(1) In the heading to section 71 of the Principal Act,
for "Information to be recorded" substitute
"Information and matter to be entered".
(2) In section 71(1) of the Principal Act—
(a) in paragraph (a)—
(i) after "Registrar" insert "or the
Authority";
(ii) in subparagraph (v), for "or (iv)."
substitute "or (iv);";
(b) after paragraph (b) insert—
"(ba) in relation to each person whose
name is entered in the Register, any
photograph, toy, jewellery or other
item approved by the Authority that the
person has asked to have entered in the
Register;";
(c) in paragraph (c), for "entered in the register"
substitute "entered in the Register".
(3) In section 71(2) and (3) of the Principal Act, for
"Registrar" substitute "Authority".
30 Disclosure of information
In section 72 of the Principal Act, for "Registrar"
substitute "Authority".
31 Requirement for counselling
(1) In section 73(1) of the Principal Act—
(a) for "Registrar" (wherever occurring)
substitute "Authority";
(b) in paragraph (b), after "counselling" insert
"on prescribed matters".
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(2) For section 73(3) of the Principal Act
substitute—
"(3) In this section—
counsellor means a counsellor who provides
counselling on behalf of the
Authority.".
32 Counselling under this Part
In section 73A(2) and (3) of the Principal Act, for
"Registrar" substitute "Authority".
33 Powers, functions, duties and consultation
requirements
After section 100(1)(a) of the Principal Act
insert—
"(ab) to keep the Central Register;
(ac) to keep the Voluntary Register;".
34 New sections 100A and 100B inserted
After section 100 of the Principal Act insert—
"100A Guidelines
(1) Subject to subsection (2), the Secretary may
issue written guidelines to the Authority for
the performance of functions and the
exercise of powers by the Authority under
this Act.
(2) The Secretary must consult with the Health
Services Commissioner before issuing
guidelines under subsection (1) that relate to
the disclosure by the Authority of identifying
information about a person born as a result
of a pre-1998 donor treatment procedure or a
pre-1998 donor.
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(3) The Authority must comply with any
guidelines issued under this section.
100B Directions
(1) The Secretary may issue written directions to
the Authority in relation to the following
matters—
(a) the keeping of the Central Register;
(b) the amendment or correction of
information in the Central Register;
(c) the keeping of the Voluntary Register;
(d) the provision of donor-linking services
under section 73C;
(e) requests for records under section 56B;
(f) obtaining information under
section 56J;
(g) the provision of counselling services;
(h) the interpretation of guidelines issued
under section 100A.
(2) The Authority must comply with a direction
issued under subsection (1).".
35 Prohibition on destruction of documents
(1) In the heading to section 121 of the Principal Act,
after "destruction of" insert "or tampering
with".
(2) In section 121 of the Principal Act, for "remove or
cancel" substitute "remove, cancel or tamper
with".
36 Records identifying donor treatment procedure
participants to be kept
(1) In section 121A(2) of the Principal Act—
(a) for "section 52B(1)(a)" substitute
"subsection (3A)";
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(b) omit "natural".
(2) After section 121A(3) of the Principal Act
insert—
"(3A) Subsection (2) does not apply to a person
who has given original records to the
Authority under section 52B(1)(a)
or 56B(6)(a) or in compliance with a
production order.".
37 New Division 6 of Part 13 inserted
After Division 5 of Part 13 of the Principal Act
insert—
"Division 6—Transitional provisions—
Assisted Reproductive Treatment
Amendment Act 2016
141 Registrar must provide Authority with
copy of Central Register
(1) The Registrar must, as soon as reasonably
practicable after the commencement of
section 37 of the Assisted Reproductive
Treatment Amendment Act 2016, provide
the Authority with—
(a) a copy of the information contained on
the Central Register as at the date the
information is provided; and
(b) a copy of the information contained on
the Voluntary Register as at the date the
information is provided.
(2) A member of the Authority or a person
employed or engaged by the Authority must
not, before the commencement of section 10
of the Assisted Reproductive Treatment
Amendment Act 2016, disclose to any
person, whether directly or indirectly, any
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information provided to the Authority under
subsection (1).
Penalty: 50 penalty units.
142 Applications
This Act as amended by Part 2 (other than
section 37) of the Assisted Reproductive
Treatment Amendment Act 2016 applies to
an application under section 56(1) made
before that amendment if, immediately
before that amendment, the Registrar had not
disclosed the requested information to the
applicant.
143 Lodgement of contact preferences
(1) Division 3A of Part 6, as inserted by
section 23 of the Assisted Reproductive
Treatment Amendment Act 2016, does not
apply to permit a pre-1998 donor to lodge a
contact preference in relation to an applicant
to whom identifying information was
disclosed before the commencement of that
section 23.
(2) Division 3B of Part 6, as inserted by
section 23 of the Assisted Reproductive
Treatment Amendment Act 2016, does not
apply to permit a person born as a result of a
donor treatment procedure to lodge a contact
preference in relation to an applicant to
whom identifying information was disclosed
before the commencement of that section 23.
144 Continuation of Central Register
The commencement of section 10 of the
Assisted Reproductive Treatment
Amendment Act 2016 does not affect the
operation of the Central Register and the
Central Register is taken to be the same
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document on and after that commencement
as it was before that commencement.
145 Continuation of Voluntary Register
The commencement of section 28 of the
Assisted Reproductive Treatment
Amendment Act 2016 does not affect the
operation of the Voluntary Register and the
Voluntary Register is taken to be the same
document on and after that commencement
as it was before that commencement.
146 Transitional regulation-making powers—
Assisted Reproductive Treatment
Amendment Act 2016
(1) The Governor in Council may make
regulations containing provisions of a
transitional nature, including matters of an
application and savings nature, arising as a
result of the enactment of the Assisted
Reproductive Treatment Amendment
Act 2016.
(2) Regulations made under subsection (1)
may have a retrospective effect to a day on
or after the day on which the Assisted
Reproductive Treatment Amendment
Act 2016 receives the Royal Assent.
(3) To the extent that regulations made under
subsection (1) have a retrospective effect,
the regulations do not operate so as—
(a) to affect, in a manner prejudicial to
any person, the rights of that person
existing before the date of the
regulations coming into operation; or
(b) to impose liabilities on any person in
respect of anything done or omitted to
be done before the date of the
regulations coming into operation.
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(4) Regulations made under subsection (1) have
effect despite anything to the contrary in
any Act (other than this Act or the Charter
of Human Rights and Responsibilities
Act 2006) or in any subordinate instrument.
147 Repeal of transitional regulation-making
powers—Assisted Reproductive
Treatment Amendment Act 2016
Section 146 and this section are repealed on
1 March 2018.".
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Part 3—Births, Deaths and Marriages
Registration Act 1996 amended
38 Definitions
In section 4(1) of the Births, Deaths and
Marriages Registration Act 1996, insert the
following definition—
"VARTA means the Victorian Assisted
Reproductive Treatment Authority
established under Part 10 of the Assisted
Reproductive Treatment Act 2008;".
39 Birth registration of child conceived by a donor
treatment procedure
After section 17B(1) of the Births, Deaths and
Marriages Registration Act 1996 insert—
"(1A) If the Registrar receives information from
VARTA disclosing that a child, whose birth
was registered on or after 1 January 2010,
was conceived by a donor treatment
procedure, the Registrar must mark the
words "donor conceived" against the entry
about the child's birth in the Register.".
40 New section 48A inserted
After section 48 of the Births, Deaths and
Marriages Registration Act 1996 insert—
"48A Provision of information to VARTA
The Registrar must, on request, provide
VARTA with information extracted from
the Register necessary for the exercise by
VARTA of powers and functions under the
Assisted Reproductive Treatment
Act 2008.".
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Part 4—Repeal of amending Act
41 Repeal of amending Act
This Act is repealed on 1 March 2018.
Note
The repeal of this Act does not affect the continuing operation
of the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Endnotes
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
† Minister's second reading speech—
Legislative Assembly: 25 November 2015
Legislative Council: 10 December 2015
The long title for the Bill for this Act was "A Bill for an Act to amend the
Assisted Reproductive Treatment Act 2008 to enable persons born as
the result of the use of gametes donated before 1 January 1998 to obtain
information about donors without consent, to provide for the lodgement
of contact preferences, to further provide for the keeping of the Central
Register and the Voluntary Register, to make consequential amendments
to the Births, Deaths and Marriages Registration Act 1996 and for
other purposes."
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