Assisted Reproductive Treatment Amendment Regulations2016
S.R. No. 153/2016
table of provisions
RegulationPage
RegulationPage
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Counselling prior to donation
6Central Register kept by the Registrar
7New regulations 16A and 16B inserted
8Requirements for entries in the Voluntary Register
9New regulation 17A inserted
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Endnotes
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Assisted Reproductive Treatment Amendment Regulations2016
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statutory rules 2016
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Assisted Reproductive Treatment Act 2008
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Assisted Reproductive Treatment Amendment Regulations2016
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Assisted Reproductive Treatment Amendment Regulations2016
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Assisted Reproductive Treatment Amendment Regulations2016
S.R. No. 153/2016
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
1Objective
The objective of these Regulations is to amendtheAssisted Reproductive Treatment Regulations 2009 as a consequence of the amendments made by the Assisted Reproductive Treatment Amendment Act 2016.
2Authorising provision
These Regulations are made under section 124 oftheAssisted Reproductive Treatment Act2008.
3Commencement
These Regulations come into operation on 1March 2017.
4Principal Regulations
In these Regulations, the Assisted Reproductive Treatment Regulations 2009[1]are called the Principal Regulations.
5Counselling 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 Regulationsinsert—
"(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;".
6Central 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".
7New regulations 16A and 16B inserted
After regulation 16 of thePrincipal Regulations insert—
"16A Counselling of applicant prior to the release of identifying information from theCentral Register
For the purposes of section 61(1)(b) of the Act, the following matters are prescribed—
(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 isto 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 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 ofthe information from the Central Register.
16BOffer 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.".
8Requirements for entries in the Voluntary Register
In regulation 17 of the Principal Regulations, after "Act," insert "information entered in".
9New regulation 17A inserted
After regulation 17 of thePrincipal Regulationsinsert—
"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 ofthe information from the Voluntary Register.".
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Endnotes
Assisted Reproductive Treatment Amendment Regulations2016
S.R. No. 153/2016
Endnotes
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[1] Reg. 4:S.R. No. 177/2009 as amended by S.R. Nos 74/2010, 52/2013 and192/2014.