Assisted Reproductive Treatment Amendment Regulations 2024 (Vic)
Assisted Reproductive Treatment Amendment Regulations 2024
S.R. No. 141/2024
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provisions
3Commencement
4Principal Regulations
5Objective
6Requirements for persons providing counselling other than on behalf of a registered ART provider
7Regulation 8 substituted
8New regulations 8AA and 8AB inserted
9Counselling prior to donation
10New regulations 9A to 9H inserted
11Regulation 17 amended
12Regulation 18 amended
13New regulation 18A inserted
14Fee for applications for information
15New regulation 19A inserted
16Regulation 20 substituted and new regulations 20A, 20B, 20C and 20D inserted
17Regulation 21 substituted and new regulation 21A inserted
18New regulation 22A inserted
19Regulation 23 revoked
20Schedule 2 substituted and new Schedule 2AA inserted
21Information to be recorded in Register kept by registered ART provider
22Schedule 6 amended
23New Schedules 7 to 10 inserted
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Endnotes
STATUTORY RULES 2024
S.R. No. 141/2024
Assisted Reproductive Treatment Act 2008
Assisted Reproductive Treatment Amendment Regulations 2024
The Governor in Council makes the following Regulations:
Dated: 17 December 2024
Responsible Minister:
MARY-ANNE THOMAS
Minister for HealthSAMUAL WALLACE
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Assisted Reproductive Treatment Regulations 2019 to—
(a)prescribe matters relating to certifications under section 36(3) or (4) of the Assisted Reproductive Treatment Act 2008; and
(b)prescribe requirements for persons providing counselling under Part 6 of the Assisted Reproductive Treatment Act 2008; and
(c)prescribe explanatory material to be provided by the Donor Conception Registrar as required by the Assisted Reproductive Treatment Act 2008; and
(d)prescribe forms to be used for the purposes of the Assisted Reproductive Treatment Act 2008; and
(e)make amendments consequential on the transfer of functions from the Victorian Assisted Reproductive Treatment Authority to the Secretary and the Donor Conception Registrar.
2Authorising provisions
These Regulations are made under sections 37D, 124 and 125 of the Assisted Reproductive Treatment Act 2008.
3Commencement
These Regulations come into operation on 1 January 2025.
4Principal Regulations
In these Regulations, the Assisted Reproductive Treatment Regulations 2019[1] are called the Principal Regulations.
5Objective
(1)In regulation 1(a) of the Principal Regulations, for "consent and" substitute "consent, certification, application for exemption, statement of reasons and".
(2)After regulation 1(b) of the Principal Regulations insert—
"(ba)matters relating to certifications made under section 36(3) or (4) of that Act in relation to bringing or taking donor gametes or embryos produced from donor gametes into or from Victoria;
(bb)explanatory material to be provided by the Donor Conception Registrar in relation to disclosure of information from the Voluntary Register and Central Register;".
6Requirements for persons providing counselling other than on behalf of a registered ART provider
In regulation 7A of the Principal Regulations, for "sections 13(2)(b), 18(2)(b) and 48(b)(ii)" substitute "sections 13(2)(b), 18(2)(b), 36(3)(d), 48(b)(ii) and 67A(b)".
7Regulation 8 substituted
For regulation 8 of the Principal Regulations substitute—
8Form of donor's consent "
For the purposes of section 17(1)(a) of the Act, the prescribed form of a donor's consent is—
(a)if the donation is made in Victoria, the form set out in Schedule 2; and
(b)if the donation is made outside Victoria, the form set out in Schedule 2AA.".
8New regulations 8AA and 8AB inserted
After regulation 8 of the Principal Regulations insert—
8AAPerson to whom a person giving consent must give the consent or cause the consent to be given "
For the purposes of section 17(2)(b) of the Act, if the donation is made outside Victoria, a person giving consent under section 16 of the Act must give the consent or cause the consent to be given to a person who is required to make a certification under section 36(3) of the Act.
8ABWithdrawal of consent
For the purposes of section 20(3)(c) of the Act, if the donation is made outside Victoria, a person withdrawing a consent must give the withdrawal or cause the withdrawal to be given to a person who is required to make a certification under section 36(3) of the Act.".
9Counselling prior to donation
In regulation 9(a) of the Principal Regulations, for "Authority" substitute "Donor Conception Registrar".
10New regulations 9A to 9H inserted
After regulation 9 of the Principal Regulations insert—
"9A Counselling of donors
For the purposes of section 36(3)(d) of the Act, the following matters are prescribed—
(a)the requirements of the Act relating to—
(i)disclosing the identity of the donor to the Donor Conception Registrar; and
(ii)disclosing information to a person born as a result of a donor treatment procedure following a request for the information from the person;
(b)information about how a person born as a result of a donor treatment procedure may lodge a contact preference;
(c)information about how the donor may obtain identifying information about a person born as a result of a donor treatment procedure, if the person consents;
(d)any issue or concern relating to the donation that is raised by the donor;
Example
Possible consequences for the donor's partner or children.
(e)the limit imposed by section 29 of the Act in relation to the use of the donor's gametes or embryo produced from the donor's gametes;
(f)the operation of the Act in relation to—
(i)the withdrawal or lapsing of the donor's consent; and
(ii)consent for extending the storage of an embryo; and
(iii)consent for removing an embryo from storage;
(g)the possible consequences for the donor if a person born as a result of a donor treatment procedure carried out using the donor's gametes or an embryo produced from the donor's gametes lives in—
(i)another State or a Territory; or
(ii)another country.
9BInformation given by donor or each person who donated the gametes used to produce the embryo
For the purposes of section 36(3)(e) of the Act, the following matters are prescribed—
(a)the donor's unique donor identifier (if any);
(b)the donor's full name;
(c)any other name by which the donor is or has been known;
(d)the donor's date of birth;
(e)the donor's place of birth (suburb or town and country);
(f)the donor's sex;
(g)the donor's residential address;
(h)the donor's phone number;
(i)the date on which the donor produced the gametes;
(j)the place at which the donor produced the gametes;
(k)the ethnic background of the donor's parents and grandparents, if known;
(l)the donor's height;
(m)the donor's build;
(n)the donor's blood group;
(o)any known genetic abnormality of the donor and, if available, any results of tests undertaken in relation to that abnormality;
(p)the number of women who have given birth to children conceived using the donor's gametes or an embryo produced from the donor's gametes, including any current or former partner of the donor;
(q)whether the donor has donated, or intends to donate, gametes or an embryo to any other registered ART provider or to a doctor and, if so—
(i)the name and address of that registered ART provider; or
(ii)the full name and business address of that doctor;
(r)the date on which the donor received the counselling referred to in section 36(3)(d) of the Act and the name of the counsellor who provided the counselling.
9CAdditional matters to be certified before bringing donated gametes or embryo produced from donor gametes into Victoria
For the purposes of section 36(3)(h) of the Act, the following matters are prescribed—
(a)the person has obtained a written undertaking from the person transferring the donor gametes or embryo produced from donor gametes (the transferring party) or the donor, that the transferring party or the donor will notify the person as soon as practicable of—
(i)any change to or withdrawal of the donor's consent; and
(ii)any change to the donor's information provided under section 36(3)(e) of the Act;
(b)the person has obtained a written undertaking from—
(i)the transferring party that the transferring party will take all reasonable steps to give the donor written notice as soon as practicable of—
(A)the name and contact details of the registered ART provider receiving the donor gametes or embryo; or
(B)the name and contact details of the doctor carrying out artificial insemination using the donor gametes; or
(ii)the person receiving the donor gametes or embryo produced from donor gametes (the receiving party) that the receiving party has provided written notice to the donor of—
(A)the name and contact details of the registered ART provider receiving the donor gametes or embryo; or
(B)the name and contact details of the doctor carrying out artificial insemination using the donor gametes;
(c)if the person is a registered ART provider or a doctor carrying out artificial insemination using the donor gametes, the person will use the unique donor identifier from the transferring party so far as is reasonably practicable;
(d)the person has sighted—
(i)the donor's passport, driver licence or any other identification document displaying the donor's photograph and signature; or
(ii)a certified copy of the donor's passport, driver licence or any other identification document displaying the donor's photograph and signature;
(e)the person has received—
(i)the donor's email address (if any); and
(ii)the donor's postal address;
(f)the person has received information about whether the donor has donated, or intends to donate, gametes or an embryo to a person (other than a registered ART provider or a doctor) including an individual for the purposes of self-insemination.
9DAdditional matters to be certified before taking donated gametes or embryo produced from donor gametes from Victoria
For the purposes of section 36(4)(c) of the Act, the following matters are prescribed—
(a)the person has provided the person receiving the donor gametes or embryo produced from donor gametes (the receiving party) with a copy of the donor's consent under section 16 of the Act or evidence that the donor has provided the relevant consent;
(b)the person has sighted—
(i)the donor's passport, driver licence or any other identification document displaying the donor's photograph and signature; or
(ii)a certified copy of the donor's passport, driver licence or any other identification document displaying the donor's photograph and signature;
(c)the person has provided the receiving party with the following information about the donor—
(i)the donor's unique donor identifier (if any);
(ii)the donor's full name;
(iii)any other name by which the donor is or has been known;
(iv)the donor's date of birth;
(v)the donor's place of birth (suburb or town and country);
(vi)the donor's sex;
(vii)the donor's residential address;
(viii)the donor's phone number;
(ix)the date on which the donor produced the gametes;
(x)the place at which the donor produced the gametes;
(xi)the donor's blood group;
(xii)any known genetic abnormality of the donor and, if available, any results of tests undertaken in relation to that abnormality;
(xiii)the number of women who have given birth to children conceived using the donor's gametes or an embryo produced from the donor's gametes, including any current or former partner of the donor;
(xiv)whether the donor has donated, or intends to donate, gametes or an embryo to any other registered ART provider or to a doctor and, if so—
(A)the name and address of that registered ART provider; or
(B)the full name and business address of that doctor;
(d)if the person is a registered ART provider and the donor gametes were or the embryo produced from the donor's gametes was not produced at the premises of the registered ART provider, the person has provided the receiving party with the date on which the gametes were or the embryo was received by the person;
(e)if the person is a registered ART provider, the person has provided the receiving party with the following information about the donor—
(i)the date on which the person has sighted—
(A)the donor's passport, driver licence or any other identification document displaying the donor's photograph and signature; or
(B)a certified copy of the donor's passport, driver licence or any other identification document displaying the donor's photograph and signature;
(ii)the number of children born as a result of a treatment procedure carried out by the person using the donor's gametes or an embryo produced from the donor's gametes;
(f)if the person is a doctor carrying out artificial insemination using the donor gametes, the person has provided the receiving party with the following information about the donor—
(i)the date on which the donor gametes were received by the person;
(ii)the date on which the donor received counselling under section 18 of the Act and the name of the counsellor who provided the counselling;
(iii)the number of children born as a result of artificial insemination carried out by the person using the donor's gametes;
(g)the person has received the name and contact details of the receiving party;
(h)the person has provided written notice to the donor of the name and contact details of the receiving party;
(i)the person has taken all reasonable steps to ensure that, at the time of certification, the limit imposed by section 29 of the Act in relation to the use of the gametes or embryo has not been reached.
9EPrescribed form of a certification to bring into or take donor gametes or embryo produced from donor gametes from Victoria
For the purposes of section 36(6)(a) of the Act, the prescribed form of—
(a)a certification made under section 36(3) of the Act is the form set out in Schedule 7; and
(b)a certification made under section 36(4) of the Act is the form set out in Schedule 8.
9FExemption from compliance—bringing or taking donor gametes or embryo produced from donor gametes into or out of Victoria
(1)For the purposes of section 37(1) of the Act, the prescribed form is the form set out in Schedule 9.
(2)For the purposes of section 37(3)(c) of the Act, the prescribed provision is section 37E of the Act.
9GRecord keeping for certification
(1)For the purposes of section 37B(2) of the Act, the following matters are prescribed in relation to a certification made under section 36(3) of the Act—
(a)a copy of the certification;
(b)a copy of the donor's consent provided in accordance with section 36(3)(c) of the Act, or if an exemption has been granted in relation to section 32(2)(c) or (3) of the Act, evidence that any conditions to which the exemption is subject have been complied with;
(c)evidence that the donor received counselling in accordance with section 36(3)(d) of the Act, or if an exemption has been granted in relation to section 18 of the Act, evidence that any conditions to which the exemption is subject have been complied with;
(d)the name and contact details of the person transferring the donor gametes or embryo produced from donor gametes including the country in which the person transferring the donor gametes or embryo produced from the donor gametes is located;
(e)the information given by the donor under section 36(3)(e) of the Act, or if an exemption has been granted in relation to section 19(a) of the Act, evidence that any conditions to which the exemption is subject have been complied with;
(f)details of the donor gametes or embryo produced from donor gametes including—
(i)the number of straws, vials or containers of donor sperm; and
(ii)the number of donor oocytes; and
(iii)the number of embryos produced from donor gametes;
(g)details of the intended transport or movement of the donor gametes or embryo produced from donor gametes into Victoria at the time of certification, including the date and method of transportation or movement.
(2)For the purposes of section 37B(2) of the Act, the following matters are prescribed in relation to a certification made under section 36(4) of the Act—
(a)a copy of the certification;
(b)a copy of the donor's consent under section 16 of the Act or evidence that the donor has provided the relevant consent;
(c)the name and contact details of the person receiving the donor gametes or embryo produced from donor gametes including the country in which the person receiving the donor gametes or embryo produced from the donor gametes is located;
(d)details of the donor gametes or embryo produced from donor gametes including—
(i)the number of straws, vials or containers of donor sperm; and
(ii)the number of donor oocytes; and
(iii)the number of embryos produced from donor gametes;
(e)details of the intended transport or movement of the donor gametes or embryo produced from donor gametes from Victoria at the time of certification, including the date and method of transportation or movement.
(3)For the purposes of section 37B(2) of the Act, the prescribed period is 25 years after the date on which the certification is made.
9HProhibited location for importation
(1)For the purposes of section 37E of the Act, a person (other than a person who has been exempted under section 37 of the Act from compliance with section 37E of the Act) must not bring donor gametes, or an embryo produced from donor gametes, into Victoria from a prohibited location.
(2)The Secretary, by notice published in the Government Gazette, may declare a country or geographic location to be a prohibited location for the purposes of subregulation (1) if in the Secretary's opinion—
(a)there is ongoing armed conflict or political unrest in the country or geographic location; and
(b)it is unlikely that requirements under the Act relating to consent or record‑keeping requirements can be complied with because of the ongoing armed conflict or political unrest.
(3)A declaration under subregulation (2) takes effect on—
(a)the day the declaration is published in the Government Gazette; or
(b)a later day specified in the declaration.".
11Regulation 17 amended
(1)In the heading to regulation 17 of the Principal Regulations, for "Authority" substitute "Donor Conception Registrar".
(2)In regulation 17 of the Principal Regulations, for "Authority" substitute "Donor Conception Registrar".
12Regulation 18 amended
In the heading to regulation 18 of the Principal Regulations, for "Authority" substitute "Donor Conception Registrar".
13New regulation 18A inserted
After regulation 18 of the Principal Regulations insert—
"18A Statement of reasons
For the purposes of section 56(3)(b) of the Act, the prescribed form is the form set out in Schedule 10.".
14Fee for applications for information
In regulation 19(1) of the Principal Regulations, for "sections 56(3)(b)" substitute "sections 56(3)(c)".
15New regulation 19A inserted
After regulation 19 of the Principal Regulations insert—
"19A Application for information on Central Register—prescribed explanatory material
For the purposes of section 56(4) of the Act, the following information is prescribed explanatory material—
(a)information about the requirements of Part 6 of the Act in relation to the disclosure of identifying information from the Central Register;
(b)information about the lodgement of a contact preference by or on behalf of a person whose identifying information is to be disclosed, including any possible consequences for the applicant;
(c)information about the requirements of Part 6 of the Act in relation to compliance with a contact preference lodged by a person whose identifying information is to be disclosed;
(d)information about the issues which may arise if the applicant intends to contact a person whose identifying information is to be disclosed;
Example
Information about risks to the applicant's safety or privacy.
(e)information about possible consequences for the applicant if the person whose identifying information is to be disclosed cannot be located or is deceased;
(f)if the applicant is a donor, information about possible consequences for 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;
(g)if the applicant is a parent of a person born as a result of a donor treatment procedure, information about—
(i)advising the applicant's child of the child's donor origins; and
(ii)obtaining information from the Central Register; and
(iii)the significance to the applicant's child of a biological connection with the donor and the benefits of early disclosure and early connection with any donor siblings; and
(iv)how to support the applicant's child with the child's sense of identity; and
(v)any safety or privacy issues for the applicant's child that may arise if contact is established with the donor; and
(vi)any issues that may arise if the applicant's child makes contact with donor siblings who are raised in different families;
Example
Donor siblings raised in different families according to different beliefs and values or in different geographic locations.
(h)if the person whose identifying information is to be disclosed is a donor, information about possible consequences of the donor becoming aware as a consequence of the application being made that a person was born as a result of a donor treatment procedure carried out using the donor's gametes;
(i)information about any other adverse consequence of disclosing identifying information from the Central Register;
Example
If the applicant is a person born as a result of a donor treatment procedure or a parent or guardian of a person born as a result of a donor treatment procedure, information about the possibility that the donor might regret they have donated.
(j)information about the possibility that an applicant's family may not agree with the applicant's plans in relation to making contact;
(k)information about counselling services available to the applicant;
(l)information about mental health support and intervention services that can provide crisis support and any other support services that might be relevant to the applicant;
(m)information about the Donor Conception Registrar's reasons for providing the explanatory material to the applicant;
(n)information about the benefits to the applicant of considering the explanatory material before the applicant proceeds with an application under section 56 of the Act;
(o)information about how to approach discussions about genetic and medical issues and possible outcomes of those discussions;
(p)if the applicant is a donor, information about the possibility that the applicant may be contacted to request information about the applicant's health and medical history, including any hereditary conditions.".
16Regulation 20 substituted and new regulations 20A, 20B, 20C and 20D inserted
For regulation 20 of the Principal Regulations substitute—
"20 Notice of intended disclosure to a person (other than a pre-1998 donor or a person born as a result of a donor treatment procedure)—prescribed explanatory material
For the purposes of section 62(1) of the Act, the following information is prescribed explanatory material—
(a)information about the requirements of Part 6 of the Act in relation to the disclosure of identifying information from the Central Register;
(b)information about possible consequences for the person whose identifying information is to be disclosed if that identifying information is disclosed from the Central Register;
(c)information about the issues which may arise if the applicant intends to contact the person whose identifying information is to be disclosed;
(d)information about mental health support and intervention services that can provide crisis support and any other support services that might be relevant to the person whose identifying information is to be disclosed;
(e)information about counselling services available to the person whose identifying information is to be disclosed;
(f)information about the issues which may arise for the person whose identifying information is to be disclosed if the person is contacted by another person following the disclosure of the person's identifying information from the Central Register;
Example
Information about risks to the safety or privacy of the person whose identifying information is to be disclosed.
(g)information about the Donor Conception Registrar's reasons for providing the explanatory material to the person whose identifying information is to be disclosed;
(h)information about the benefits to the person whose identifying information is to be disclosed of considering the explanatory material;
(i)information about the possibility that the person whose identifying information is to be disclosed may be contacted to request information about the health and medical history of the person whose identifying information is to be disclosed, including any hereditary conditions.
20ANotice of intended disclosure to person born as a result of a donor treatment procedure or a pre-1998 donor—prescribed explanatory material
For the purposes of section 62(4) of the Act, the following information is prescribed explanatory material—
(a)information about how to lodge, withdraw and extend a contact preference;
(b)information about how to comply with a contact preference;
(c)information about possible consequences for the pre-1998 donor, the person born as a result of a donor treatment procedure or, if the person born as a result of a donor treatment procedure is a child, the person's parent or guardian, if a contact preference is lodged;
(d)information about possible consequences for the pre-1998 donor, the person born as a result of a donor treatment procedure or, if the person born as a result of a donor treatment procedure is a child, the person's parent or guardian, if a contact preference is not lodged;
(e)information about the requirements of Part 6 of the Act in relation to the disclosure of identifying information from the Central Register;
(f)information about mental health support and intervention services that can provide crisis support and any other support services that might be relevant to the pre-1998 donor, the person born as a result of a donor treatment procedure or, if the person born as a result of a donor treatment procedure is a child, the person's parent or guardian;
(g)information about counselling services available to the pre-1998 donor, the person born as a result of a donor treatment procedure or, if the person born as a result of a donor treatment procedure is a child, the person's parent or guardian;
(h)information about the possibility that the pre-1998 donor, the person born as a result of a donor treatment procedure or, if the person born as a result of a donor treatment procedure is a child, the person's parent or guardian, may be contacted by another person following the disclosure of identifying information from the Central Register and any issues that may arise from that contact;
Example
Information about risks to the safety or privacy of the pre-1998 donor, the person born as a result of a donor treatment procedure or, if the person is a child, the person's parent or guardian.
(i)information about the Donor Conception Registrar's reasons for providing the explanatory material to the pre-1998 donor, the person born as a result of a donor treatment procedure or, if the person born as a result of a donor treatment procedure is a child, the person's parent or guardian;
(j)information about the benefits to the pre-1998 donor, the person born as a result of a donor treatment procedure or, if the person born as a result of a donor treatment procedure is a child, the person's parent or guardian of considering the explanatory material;
(k)if the identifying information to be disclosed relates to a pre-1998 donor, information about the possibility that the pre-1998 donor may be contacted to request information about the pre-1998 donor's health and medical history, including any hereditary conditions;
(l)if the identifying information to be disclosed relates to a person born as a result of a donor treatment procedure who is a child, information about—
(i)advising the child of the child's donor origins; and
(ii)obtaining information from the Central Register; and
(iii)the significance to the child of a biological connection with the donor and the benefits of early disclosure and early connection with any donor siblings; and
(iv)how to support the child with the child's sense of identity; and
(v)any safety or privacy issues that may arise for the child if contact is made with a donor; and
(vi)any issues that may arise for the child if contact is made with donor siblings who are raised in different families.
20BInformation leading to location of donor—prescribed explanatory material
For the purposes of section 63A(2)(b) of the Act, the following information is prescribed explanatory material—
(a)information about how to lodge, withdraw and extend a contact preference;
(b)information about how to comply with a contact preference;
(c)information about possible consequences for the pre-1998 donor if a contact preference is lodged;
(d)information about possible consequences for the pre-1998 donor if a contact preference is not lodged;
(e)information about the requirements of Part 6 of the Act in relation to the disclosure of identifying information from the Central Register;
(f)information about mental health support and intervention services that can provide crisis support and any other support services that might be relevant to the pre-1998 donor;
(g)information about counselling services available to the pre-1998 donor;
(h)information about the issues which may arise for the pre-1998 donor if the pre‑1998 donor is contacted by another person following the disclosure of the pre‑1998 donor's identifying information from the Central Register;
Example
Information about risks to the pre-1998 donor's safety or privacy.
(i)information about the Donor Conception Registrar's reasons for providing the explanatory material to the pre-1998 donor;
(j)information about the benefits to the pre-1998 donor of considering the explanatory material;
(k)information about the possibility that the pre-1998 donor may be contacted to request information about the pre-1998 donor's health and medical history, including any hereditary conditions.
20CAmendment of contact preferences by pre-1998 donors—prescribed explanatory material
For the purposes of section 63E(3)(ab) of the Act, the following information is prescribed explanatory material—
(a)information about how to comply with an amended contact preference;
(b)information about mental health support and intervention services that can provide crisis support and any other support services that might be relevant to the applicant;
(c)information about counselling services available to the applicant;
(d)information about the issues which may arise for the applicant if the applicant is contacted by another person following the disclosure of that person's identifying information from the Central Register;
Example
Information about risks to the applicant's safety or privacy.
(e)information about the Donor Conception Registrar's reasons for providing the explanatory material to the applicant;
(f)information about the benefits to the applicant of considering the explanatory material;
(g)information about how to approach discussions about genetic and medical issues and possible outcomes of those discussions;
(h)if the applicant is a parent or guardian of a child born as a result of a donor treatment procedure, information about—
(i)advising the child of the child's donor origins; and
(ii)obtaining information from the Central Register; and
(iii)the significance to the child of a biological connection with the donor and the benefits of early disclosure and early connection with any donor siblings; and
(iv)how to support the child with the child's sense of identity; and
(v)any safety or privacy issues that may arise for the child if contact is made with a donor; and
(vi)any issues that may arise for the child if contact is made with donor siblings who are raised in different families.
20DContact preferences for persons born as a result of a donor treatment procedure—prescribed explanatory material
For the purposes of section 63I(6)(b) of the Act, the following information is prescribed explanatory material—
(a)information about how to comply with a contact preference;
(b)information about mental health support and intervention services that can provide crisis support and any other support services that might be relevant to the applicant;
(c)information about counselling services available to the applicant.".
17Regulation 21 substituted and new regulation 21A inserted
For regulation 21 of the Principal Regulations substitute—
"21 Lodgement of contact preference—prescribed explanatory material
For the purposes of section 63J(3) of the Act, the following information is prescribed explanatory material—
(a)information about how to lodge, withdraw and extend a contact preference;
(b)information about how to comply with a contact preference;
(c)information about possible consequences for the person born as a result of a donor treatment procedure or, if the person is a child, the person's parent or guardian if a contact preference is lodged;
(d)information about possible consequences for the person born as a result of a donor treatment procedure or, if the person is a child, the person's parent or guardian if a contact preference is not lodged;
(e)information about the requirements of Part 6 of the Act in relation to the disclosure of identifying information from the Central Register;
(f)information about mental health support and intervention services that can provide crisis support and any other support services that might be relevant to the person born as a result of a donor treatment procedure or, if the person is a child, the person's parent or guardian;
(g)information about counselling services available to the person born as a result of a donor treatment procedure or, if the person is a child, the person's parent or guardian;
(h)information about the issues which may arise for the person born as a result of a donor treatment procedure or, if the person is a child, the person's parent or guardian if the person or the person's parent or guardian is contacted by another person following the disclosure of identifying information from the Central Register;
(i)information about the Donor Conception Registrar's reasons for providing the explanatory material to the person born as a result of a donor treatment procedure or, if the person is a child, the person's parent or guardian;
(j)information about the benefits to the person born as a result of a donor treatment procedure or, if the person is a child, the person's parent or guardian of considering the explanatory material;
(k)information about how to approach discussions about genetic and medical issues and possible outcomes of those discussions;
(l)if the person born as a result of a donor treatment procedure is a child, information about—
(i)advising the child of the child's donor origins; and
(ii)obtaining information from the Central Register; and
(iii)the significance to the child of a biological connection with the donor and the benefits of early disclosure and early connection with any donor siblings; and
(iv)how to support the child with the child's sense of identity; and
(v)any safety or privacy issues that may arise for the child if contact is made with a donor; and
(vi)any issues that may arise for the child if contact is made with any donor siblings who are raised in different families.
21AAmending contact preferences in relation to persons born as a result of a donor treatment procedure—prescribed explanatory material
For the purposes of section 63M(3)(ab) of the Act, the following information is prescribed explanatory material—
(a)information about how to comply with an amended contact preference;
(b)information about mental health support and intervention services that can provide crisis support and any other support services that might be relevant to the applicant;
(c)information about counselling services available to the applicant;
(d)information about the issues which may arise if the applicant is contacted by another person following the disclosure of that person's identifying information from the Central Register;
Example
Information about risks to the applicant's safety or privacy.
(e)information about the Donor Conception Registrar's reasons for providing the explanatory material to the applicant;
(f)information about the benefits to the applicant of considering the explanatory material;
(g)if the applicant is a donor, information about the possibility that the applicant may be contacted by another person to request information about the applicant's health and medical history, including any hereditary conditions.".
18New regulation 22A inserted
After regulation 22 of the Principal Regulations insert—
"22A Disclosure of information from the Voluntary Register—prescribed explanatory material
For the purposes of section 72(2)(a) of the Act, the following information is prescribed explanatory material—
(a)information about the requirements of Part 7 of the Act in relation to the disclosure of identifying information from the Voluntary Register;
(b)information about possible consequences for the person whose name is entered in the Voluntary Register if information about that person is disclosed from the Voluntary Register;
(c)information about mental health support and intervention services that can provide crisis support and any other support services that might be relevant to the person whose name is entered in the Voluntary Register;
(d)information about counselling services available to the person whose name is entered in the Voluntary Register;
(e)information about the issues which may arise for the person whose name is entered in the Voluntary Register if the person is contacted by another person following the disclosure of information from the Voluntary Register about the person whose name is entered in the Voluntary Register;
Example
Information about risks to the safety or privacy of the person whose name is entered in the Voluntary Register.
(f)information about the Donor Conception Registrar's reasons for providing the explanatory material to the person whose name is entered in the Voluntary Register;
(g)information about the benefits to the person whose name is entered in the Voluntary Register of considering the explanatory material;
(h)information about how to approach discussions about genetic and medical issues and possible outcomes of those discussions;
(i)if the person whose name is entered in the Voluntary Register is a donor, information about the possibility that the person whose name is entered in the Voluntary Register may be contacted to request information about the health and medical history of the person whose name is entered in the Voluntary Register, including any hereditary conditions;
(j)if the person whose name is entered in the Voluntary Register is a child, information about—
(i)the significance to the child of a biological connection with the donor and the benefits of early disclosure and early connection with any donor siblings; and
(ii)how to support the child to learn about the child's genetic origins and the child's sense of identity; and
(iii)any safety or privacy issues that may arise for the child if contact is made with a donor; and
(iv)any issues that may arise for the child if contact is made with any donor siblings who are raised in different families.".
19Regulation 23 revoked
Regulation 23 of the Principal Regulations is revoked.
20Schedule 2 substituted and new Schedule 2AA inserted
For Schedule 2 to the Principal Regulations substitute—
"Schedule 2—Consent for use in Victoria of donor gametes or embryo produced from donor gametes donated in Victoria
Regulation 8(a)
Name(s) of donor(s):
Details of donation
o *sperm/*oocytes; or
o embryos produced from donors' sperm and oocytes
Consent for use in treatment procedures
*I/*We, [name(s) of donor(s)] of [address(es) of donor(s)] consent to the *gametes donated by me/*embryos donated by us being used in the following treatment procedures—
[specify treatment procedures for which donor's gametes or donors' embryos may be used]
Treatment procedures that result in children born using *my gametes/*our embryos may be carried out on a maximum of [insert number not exceeding 10] women.
*Consent to obtain information
*I/*We, [name and address of each donor signing the consent] *have donated/*intend to donate *my gametes/*embryos formed from our gametes at [insert name and address of registered ART provider or doctor].
*I/*We consent to [name of registered ART provider or doctor to whom consent is given] contacting the registered ART provider or doctor named above to obtain information about use in treatment procedures of *gametes donated by me/*embryos donated by us.
This consent lapses—
o 10 years from the date on which it is given;
OR
oat the end of the following period: [insert period not exceeding 10 years].
Signed: [signature of each donor]
Name(s): [print name(s)]
Date:
*Delete if inapplicable.
Notes:
1. A person giving consent under section 16 of the Assisted Reproductive Treatment Act 2008 (the Act) must give the consent or cause the consent to be given to—
(a)if the donation is made—
(i)to a registered ART provider, a designated officer of the registered ART provider; or
(ii)to a person other than a registered ART provider, a doctor who is registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); or
(b)if the donation is made outside Victoria, a person who is required to make a certification under section 36(3) of the Act.
See section 17(2) of the Act and regulation 8AA of the Assisted Reproductive Treatment Regulations 2019.
2. A person who gives a consent under section 16 of the Act may withdraw it—
(a)in the case of donor gametes, at any time before the earliest of the following occurs—
(i)when the gametes are used in a treatment procedure;
(ii)if the gametes are earlier used to form an embryo, when the gametes are used to form the embryo; or
(b)in the case of consent given by a person who produced the gametes used to create the embryo, at any time before the embryo is used in a treatment procedure.
3. A withdrawal of consent must be in writing. A person withdrawing a consent must give the withdrawal or cause the withdrawal to be given as soon as practicable to—
(a)the registered ART provider or doctor to whom the consent was given; or
(b)the registered ART provider or doctor with whom the sperm, oocyte or embryo to which the consent relates is kept or stored; or
(c)if the donation is made outside Victoria, a person who is required to make a certification under section 36(3) of the Act.
See section 20(2) and (3) of the Act and regulation 8AB of the Assisted Reproductive Treatment Regulations 2019.
4. We may contact a person you have named to obtain information about the use in treatment procedures of gametes or embryos you have donated. Section 29(1) of the Act prohibits a person carrying out a treatment procedure in Victoria if the person knows that the treatment procedure may result in more than 10 women having children who are genetic siblings.
5. Section 38 of the Act provides that it is an offence for a person to knowingly or recklessly give false or misleading information or omit to give material information in a consent.
In this Form, treatment procedure means—
(a)artificial insemination, other than self-insemination; or
(b)assisted reproductive treatment.
Schedule 2AA—Consent for use in Victoria of donor gametes or embryo produced from donor gametes donated outside Victoria
Regulation 8(b)
Name(s) of donor(s):
Details of donation
o *sperm/*oocytes; or
o embryos produced from donors' sperm and oocytes
*Consent for use in treatment procedures
*I/*We, [name(s) of donor(s)] of [address(es) of donor(s)] consent to the *gametes donated by me/*embryos donated by us being used in the following treatment procedures—
[specify treatment procedures for which donor's gametes or donors' embryos may be used]
Treatment procedures that result in children born using *my gametes/*our embryos may be carried out on a maximum of [insert number not exceeding 10] women.
*Consent for use to carry out self-insemination
*I/*We, [name(s) of donor(s)] of [address(es) of donor(s)] consent to the gametes donated by me being used to carry out self-insemination.
*Consent to obtain information
*I/*We, [name and address of each donor signing the consent] *have donated/*intend to donate *my gametes/*embryos formed from our gametes to [insert name and address of registered ART provider or doctor].
*I/*We consent to [name of registered ART provider or doctor to whom consent is given] contacting the registered ART provider or doctor named above to obtain information about use of the *gametes donated by me/*embryos donated by us.
This consent lapses—
o 10 years from the date on which it is given;
OR
oat the end of the following period: [insert period not exceeding 10 years].
Signed: [signature of each donor]
Name(s): [print name(s)]
Date:
*Delete if inapplicable.
Notes:
1. A person giving consent under section 16 of the Assisted Reproductive Treatment Act 2008 (the Act) must give the consent or cause the consent to be given to—
(a)if the donation is made—
(i)to a registered ART provider, a designated officer of the registered ART provider; or
(ii)to a person other than a registered ART provider, a doctor who is registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); or
(b)if the donation is made outside Victoria, a person who is required to make a certification under section 36(3) of the Act.
See section 17(2) of the Act and regulation 8AA of the Assisted Reproductive Treatment Regulations 2019.
2. A person who gives a consent under section 16 of the Act may withdraw it—
(a)in the case of donor gametes, at any time before the earliest of the following occurs—
(i)when the gametes are used in a treatment procedure;
(ii)if the gametes are earlier used to form an embryo, when the gametes are used to form the embryo; or
(b)in the case of consent given by a person who produced the gametes used to create the embryo, at any time before the embryo is used in a treatment procedure.
See section 20(1A) of the Act.
3. A withdrawal of consent must be in writing. A person withdrawing a consent must give the withdrawal or cause the withdrawal to be given as soon as practicable to—
(a)the registered ART provider or doctor to whom the consent was given; or
(b)the registered ART provider or doctor with whom the sperm, oocyte or embryo to which the consent relates is kept or stored; or
(c)if the donation is made outside Victoria, a person who is required to make a certification under section 36(3) of the Act.
See section 20(2) and (3) of the Act and regulation 8AB of the Assisted Reproductive Treatment Regulations 2019.
4. We may contact a person you have named to obtain information about the use in treatment procedures of gametes or embryos you have donated. Section 29(1) of the Act prohibits a person carrying out a treatment procedure in Victoria if the person knows that the treatment procedure may result in more than 10 women having children who are genetic siblings.
5. Section 36(1)(a) of the Act provides that a person must not bring donor gametes, or an embryo produced from donor gametes, into Victoria.
6. Section 36(2) of the Act provides that section 36(1) of the Act does not apply if the person brings donor gametes or an embryo produced from donor gametes into Victoria in accordance with the Act and the regulations and the person complies with section 36(3) of the Act.
7. Section 38 of the Act provides that it is an offence for a person to knowingly or recklessly give false or misleading information or omit to give material information in a consent.
In this Form, treatment procedure means—
(a)artificial insemination, other than self-insemination; or
(b)assisted reproductive treatment.".
21Information to be recorded in Register kept by registered ART provider
For clause 10(1)(d) of Schedule 3 to the Principal Regulations substitute—
"(d)the date on which a certification made under section 36(4) of the Act was given to the Secretary in accordance with section 36(6)(b) of the Act;".
22Schedule 6 amended
In the heading to Schedule 6 to the Principal Regulations, for "Authority" substitute "Donor Conception Registrar".
23New Schedules 7 to 10 inserted
After Schedule 6 to the Principal Regulations insert—
"Schedule 7—Certification to bring donor gametes or embryos produced from donor gametes into Victoria
Regulation 9E(a)
Name of person making the certification:
Certification
For the purposes of section 36(3) of the Assisted Reproductive Treatment Act 2008 (the Act), I [name of person making the certification] of [address of person making the certification] propose to bring *donor gametes/*an embryo produced from donor gametes into Victoria and certify that—
o any payment made, any valuable consideration that is given or agreed to be given in connection with the donation or any agreement entered into for payment to be made or valuable consideration to be given in connection with the donation does not contravene the Human Tissue Act 1982, the Prohibition of Human Cloning for Reproduction Act 2008 or the Prohibition of Human Cloning for Reproduction Act 2002 of the Commonwealth; and
o the donor of the gametes, or each person who donated the gametes used to produce the embryo, has consented in writing to—
·the donor's gametes being brought into Victoria; and
· the use of the donor's gametes or the embryo produced from the donor's gametes in accordance with section 36(5) of the Act; and
· the storage of the embryo produced from the donor's gametes for the purpose of later transfer, or if an exemption has been granted in relation to section 32(2)(c) or (3) of the Act, any conditions to which the exemption is subject have been complied with; and
[if relevant, specify any conditions imposed by the Secretary on which the exemption is subject]
o I have been given a copy of—
·the donor's consent; or
·the consent of each person who donated the gametes used to produce the embryo; and
o the donor or each person who donated the gametes used to produce the embryo has received counselling in relation to prescribed matters from a counsellor who meets the prescribed requirements for counselling or, if an exemption has been granted in relation to section 18 of the Act, any conditions to which the exemption is subject have been complied with; and
[if relevant, specify any conditions imposed by the Secretary on which the exemption is subject]
o the donor or each person who donated the gametes used to produce the embryo has given information about the matters prescribed for the purposes of section 36(3)(e) of the Act or, if an exemption has been granted in relation to section 19(a) of the Act, any conditions to which the exemption is subject have been complied with; and
[if relevant, specify any conditions imposed by the Secretary on which the exemption is subject]
o the donor or each person who donated the gametes used to produce the embryo has been given written advice on the matters set out in section 19(b)(i) to (iv) of the Act or, if an exemption has been granted in relation to section 19(b) of the Act, any conditions to which the exemption is subject have been complied with; and
[if relevant, specify any conditions imposed by the Secretary on which the exemption is subject]
o I have taken all reasonable steps to ensure that any future use of the donor gametes or embryo produced from donor gametes in Victoria will comply with section 29 of the Act; and
o I have satisfied the following matters—
oI have obtained a written undertaking from the person transferring *the donor gametes/*embryo produced from the donor gametes (the transferring party) or the donor that the transferring party or the donor will notify me as soon as practicable of—
(a)any change to or withdrawal of the donor's consent; and
(b)any change to the donor's information provided under section 36(3)(e) of the Act;
*o I have obtained a written undertaking from the transferring party that the transferring party will take all reasonable steps to give the donor written notice as soon as practicable of—
(a)the name and contact details of the registered ART provider receiving the *donor gametes/*embryo produced from donor gametes; or
(b)the name and contact details of the doctor carrying out artificial insemination using the donor gametes;
*o I have obtained a written undertaking from the person receiving *the donor gametes/*embryo produced from donor gametes (the receiving party) that the receiving party has provided written notice to the donor of—
(a)the name and contact details of the registered ART provider receiving the *donor gametes/*embryo produced from donor gametes; or
(b)the name and contact details of the doctor carrying out artificial insemination using the donor gametes;
*o [*if the person making the certification is a registered ART provider or a doctor carrying out artificial insemination using donor gametes] I will use the unique donor identifier from the transferring party so far as is reasonably practicable;
oI have sighted the donor's passport, driver licence or any other identification document displaying the donor's photograph and signature or a certified copy of the donor's passport, driver licence or any other identification document displaying the donor's photograph and signature;
oI have received—
(a)the donor's email address (if any); and
(b)the donor's postal address;
oI have received information from the donor about whether the donor has donated or intends to donate gametes or an embryo to a person (other than a registered ART provider or a doctor) or an individual for the purposes of self-insemination.
Details
At the time of making this certification, the following details about the *donor gametes/*embryo produced from donor gametes to be brought into Victoria are accurate—
[specify the following details]
(a)contact details of person making the certification, including telephone number and address;
(b)the unique donor identifier(s);
(c)details about the *donor gametes/*embryo produced from donor gametes, including—
(i)number of vials, straws or containers of donor sperm; and
(ii)number of donor oocytes; and
(iii)number of embryos produced from donor gametes;
(d)details of the proposed transport or movement of the *donor gametes/*embryo produced from donor gametes, including—
(i)the name and contact details of the transferring party including the country in which the transferring party is located; and
(ii)the name and contact details of the person receiving the *donor gametes/*embryo produced from donor gametes; and
(iii)the date or proposed date of movement of the *donor gametes/*embryo produced from donor gametes into Victoria; and
(iv)the method of transportation.
Declaration
I acknowledge that providing information that I know or believe to be false or misleading is an offence.
Signed: [signature of person making certification]
Name: [print name]
Date:
Witness Signed: [signature of witness]
Witness Name: [print name]
Date:
*Delete if inapplicable.
Notes
1.Section 36(3) of the Act provides the matters that a person must certify before a person brings donor gametes or an embryo produced from donor gametes into Victoria.
2.Regulation 7A of the Assisted Reproductive Treatment Regulations 2019 prescribes the requirement for a counsellor for the purposes of section 36(3)(d) of the Act.
3.Regulation 9A of the Assisted Reproductive Treatment Regulations 2019 prescribes the matters about which a donor or each person who donated the gametes used to produce the embryo has received counselling for the purposes of section 36(3)(d) of the Act.
4.Regulation 9B of the Assisted Reproductive Treatment Regulations 2019 prescribes the matters about which a donor or each person who donated the gametes used to produce the embryo has given information for the purposes of section 36(3)(e) of the Act.
5.Regulation 9C of the Assisted Reproductive Treatment Regulations 2019 prescribes the additional matters that a person making a certification must satisfy for the purposes of section 36(3)(h) of the Act.
Schedule 8—Certification to take donor gametes or embryos produced from donor gametes from Victoria
Regulation 9E(b)
Name of person making the certification:
Certification
For the purposes of section 36(4) of the Assisted Reproductive Treatment Act 2008 (the Act), I [name of person making the certification] of [address of person making the certification] propose to take *donor gametes/*an embryo produced from donor gametes from Victoria and certify that—
o the purpose for which the *donor gametes/*embryo produced from donor gametes will be used outside Victoria is consistent with a purpose for which it could be used in Victoria; and
o the way in which the *donor gametes/*embryo produced from donor gametes will be used outside Victoria is consistent with the way in which it could be used in Victoria; and
o I have satisfied the following matters—
o I have provided the person receiving the donor gametes or embryo produced from donor gametes (the receiving party) with a copy of the donor's consent under section 16 of the Act or evidence that the donor has provided the relevant consent;
o I have sighted—
(a)the donor's passport, driver licence or any other identification document displaying the donor's photograph and signature; or
(b)a certified copy of the donor's passport, driver licence or any other identification document displaying the donor's photograph and signature;
o I have provided the receiving party with the following information about the donor—
(a)the donor's unique donor identifier (if any
(b)the donor's full name;
(c)any other name by which the donor is or has been known;
(d)the donor's date of birth;
(e)the donor's place of birth (suburb or town and country);
(f)the donor's sex;
(g)the donor's residential address;
(h)the donor's phone number;
(i)the date on which the donor produced the gametes;
(j)the place at which the donor produced the gametes;
(k)the donor's blood group;
(l)any known genetic abnormality of the donor and, if available, any results of tests undertaken in relation to that abnormality;
(m)the number of women who have given birth to children conceived using the donor's gametes or an embryo produced from the donor's gametes, including any current or former partner of the donor;
(n)whether the donor has donated, or intends to donate, gametes or an embryo to any other registered ART provider or to a doctor and, if so—
(i)the name and address of that registered ART provider; or
(ii)the full name and business address of that doctor;
(o)the date on which the donor received counselling under section 18 of the Act and the name of the counsellor who provided the counselling;
o [*if the person is a registered ART provider and the donor gametes were or the embryo produced from the donor's gametes was not produced at the premises of the registered ART provider] I have provided the receiving party with the date on which the gametes were or the embryo was received by me;
o [*if the person is a registered ART provider] I have provided the receiving party with the following information about the donor—
(a)the date on which I have sighted—
(i)the donor's passport, driver licence or any other identification document displaying the donor's photograph and signature; or
(ii)a certified copy of the donor's passport, driver licence or any other identification document displaying the donor's photograph and signature;
(b)the number of children born as a result of a treatment procedure carried out by me using the donor's gametes or an embryo produced from the donor's gametes;
o [*if the person is a doctor carrying out artificial insemination using the donor gametes] I have provided the receiving party with the following information about the donor—
(a)the date on which the donor gametes were received by me;
(b)the date on which the donor received counselling under section 18 of the Act and the name of the counsellor who provided the counselling;
(c)the number of children born as a result of artificial insemination carried out by me using the donor's gametes;
o I have received the name and contact details of the receiving party;
o I have provided written notice to the donor of the name and contact details of the receiving party;
o I have taken all reasonable steps to ensure that at the time of certification, the limit imposed by section 29 of the Act in relation to the use of the *donor gametes/*embryo produced from donor gametes has not been reached.
Details
At the time of making this certification, the following details about the *donor gametes/*embryo produced from donor gametes to be taken from Victoria are accurate—
[specify the following details]
(a)contact details of person making the certification, including telephone number and address;
(b)if relevant, the name and contact details of the registered ART provider;
(c)the unique donor identifier(s);
(d)details about the *donor gametes/*embryo produced from donor gametes, including—
(i)number of vials, straws or containers of donor sperm; and
(ii)number of donor oocytes; and
(iii)number of embryos produced from donor gametes;
(e)details of the proposed transport or movement of the *donor gametes/*embryo produced from donor gametes, including—
(i)the name and contact details of the receiving party including the country in which the receiving party is located; and
(ii)the date or proposed date of movement of the *donor gametes/*embryo produced from donor gametes from Victoria; and
(iii)the method of transportation.
Declaration
I acknowledge that providing information that I know or believe to be false or misleading is an offence.
Signed: [signature of person making certification]
Name: [print name]
Date:
Witness Signed: [signature of witness]
Witness Name: [print name]
Date:
*Delete if inapplicable.
Notes
1.Section 36(4) of the Act provides the matters that a person must certify before a person takes donor gametes or an embryo produced from donor gametes from Victoria.
2.Regulation 9D of the Assisted Reproductive Treatment Regulations 2019 prescribes the additional matters that a person making a certification must satisfy for the purposes of section 36(4)(c) of the Act.
Schedule 9—Exemption from compliance
Regulation 9F(1)
Name of person making application:
Section 1: Exemption
*Application by a person to whom section 36(3) of the Assisted Reproductive Treatment Act 2008 applies
*I [name of applicant] of [address of applicant] am a person to whom section 36(3) of the Assisted Reproductive Treatment Act 2008 (the Act) applies.
*In accordance with section 37 of the Act, I am making an application in relation to the following *donor gametes/*embryo produced from donor gametes for an exemption from compliance with the following provision(s)—
o section 17(2) of the Act;
o section 18 of the Act;
o section 19 of the Act;
o section 20(3) of the Act;
o section 32(2)(c) of the Act;
o section 32(3) of the Act;
o section 37E of the Act;
o Division 1 of Part 6 of the Act.
[include details of donor gametes or embryo produced from donor gametes to which the application for exemption relates]
*Application by a person to whom section 36(4) of the Assisted Reproductive Treatment Act 2008 applies
*I [name of applicant] of [address of applicant] am a person to whom section 36(4) of the Assisted Reproductive Treatment Act 2008 (the Act) applies.
*In accordance with section 37 of the Act, I am making an application in relation to the following *donor gametes/*embryo produced from donor gametes for an exemption from compliance with the following provision(s)—
o section 32(2) of the Act;
o section 33 of the Act.
[include details of donor gametes or embryo produced from donor gametes to which the application for exemption relates]
Section 2: Declaration
I acknowledge that providing information that I know or believe to be false or misleading is an offence.
Signed: [signature of applicant]
Name: [print name]
Date:
Witness Signed: [signature of witness]
Witness Name: [print name]
Date:
*Delete if inapplicable.
Notes
In the case of an application by a person to whom section 36(3) of the Act applies, the Secretary may exempt the person from compliance with a provision specified in section 37(3) of the Act in relation to the donor gametes or embryo produced from donor gametes if the Secretary is satisfied that—
(a)similar procedures have taken place outside of Victoria; and
(b)there are special circumstances that warrant the exemption.
In the case of an application by a person to whom section 36(4) of the Act applies, the Secretary may exempt the person from compliance with a provision specified in section 37(5) of the Act in relation to the donor gametes or embryo produced from donor gametes if the Secretary is satisfied that—
(a)the gametes or embryo will be used in a way that is consistent with the Act; and
(b)there are special circumstances that warrant the exemption.
Schedule 10—Statement of reasons
Regulation 18A
Unique donor identifier (if relevant):
I, [name] of [address] am—
o a person born as a result of a donor treatment procedure who is making an application for the disclosure of information recorded on the Central Register; or
o a parent of a person born as a result of a donor treatment procedure who is making an application for the disclosure of information recorded on the Central Register; or
o a person who is descended from a person born as a result of a donor treatment procedure who is making an application for the disclosure of information recorded on the Central Register; or
o a donor who is making an application for the disclosure of information recorded on the Central Register.
This document outlines my reasons for making this application.
Section 1: Reasons for application
[information about your reasons for the application]
Section 2: Information about you
[if relevant, any information that you would like the person about whom you are requesting information to know about you]
[attach any necessary supporting material]
Section 3: Expectations about contact and method of communication
[if you are seeking to make contact with the person about whom you are requesting information, information about—
(a)any expectations you have in relation to communication with the person; and
(b)how you would like to be contacted by the person (for example, by email, phone or in person); and
(c)any other information that you would like the person to know.]
I acknowledge that I have provided this information for the purposes of my application and that this form will be provided to the person about whom I am requesting information with my identifying information redacted.
Signed: [signature of person]
Name: [print name]
Date:
*Delete if inapplicable.
Notes:
The Donor Conception Registrar manages the Central Register which contains information about donors and persons born as a result of a treatment procedure or artificial insemination using donor gametes. See section 53 of the Assisted Reproductive Treatment Act 2008 (the Act).
A person who is born as a result of a donor treatment procedure may apply to the Donor Conception Registrar under section 56 of the Act for disclosure of information on the Central Register relating to their donor's name, the donor's date of birth and the donor's unique donor identifier.
The Donor Conception Registrar must not disclose this information unless the Donor Conception Registrar is satisfied that the person who is born as a result of a donor treatment procedure and the donor are related. See section 56N(1) of the Act. The disclosure of this information does not require the donor's consent. See section 57(2) of the Act.
If the applicant is a donor or a parent of a person born as a result of a donor treatment procedure, the Donor Conception Registrar must disclose to the parent or donor identifying information if the person to whom the information relates consents to the disclosure and the disclosure is in accordance with that consent. See section 58(1) of the Act.
Before accepting an application for disclosure of information recorded on the Central Register, the Donor Conception Registrar must give the applicant the prescribed explanatory material. See section 56(4) of the Act.".
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ENDNOTES
[1] Reg. 4: S.R. No. 115/2019 as amended by S.R. Nos 64/2020 and 60/2022.
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