Assisted Reproductive Treatment Regulations 2019 (Vic)

Version No. 005

Assisted Reproductive Treatment Regulations 2019

S.R. No. 115/2019

Version incorporating amendments as at

1 August 2025

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Revocations

5Definition

6Form of consent to treatment procedure

7Counselling prior to treatment procedure

7ARequirements for persons providing counselling other than on behalf of a registered ART provider

8Form of donor's consent

8AAPerson to whom a person giving consent must give the consent or cause the consent to be given

8ABWithdrawal of consent

8ANotice of separation

9Counselling prior to donation

9ACounselling of donors

9BInformation given by donor or each person who donated the gametes used to produce the embryo

9CAdditional matters to be certified before bringing donated gametes or embryo produced from donor gametes into Victoria

9DAdditional matters to be certified before taking donated gametes or embryo produced from donor gametes from Victoria

9EPrescribed form of a certification to bring into or take donor gametes or embryo produced from donor gametes from Victoria

9FExemption from compliance—bringing or taking donor gametes or embryo produced from donor gametes into or out of Victoria

9GRecord keeping for certification

9HProhibited location for importation

10Counselling prior to surrogacy arrangement

11Prescribed costs actually incurred that may be reimbursed to the surrogate mother

11APrescribed costs actually incurred that may be reimbursed to surrogate mother's partner

12Counselling prior to posthumous use of gametes or embryos

13Disposal of embryos

14Register kept by registered ART provider

15Register of pre-1988 donor treatment procedures to be kept by registered ART Provider

16Register kept by doctor carrying out artificial insemination

17Information to be given to the Donor Conception Registrar

18Central Register kept by the Donor Conception Registrar

18AStatement of reasons

19Fee for applications for information

19AApplication for information on Central Register—prescribed explanatory material

20Notice 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

20ANotice of intended disclosure to person born as a result of a donor treatment procedure or a pre-1998 donor—prescribed explanatory material

20BInformation leading to location of donor—prescribed explanatory material

20CAmendment of contact preferences by pre-1998 donors—prescribed explanatory material

20DContact preferences for persons born as a result of a donor treatment procedure—prescribed explanatory material

21Lodgement of contact preference—prescribed explanatory material

21AAmending contact preferences in relation to persons born as a result of a donor treatment procedure—prescribed explanatory material

22Requirements for entries in the Voluntary Register

22ADisclosure of information from the Voluntary Register—prescribed explanatory material

24Information and documents to be provided for ART registration

25Infringement offences and infringement penalties

Schedule 1—Consent to carrying out a treatment procedure

Schedule 2—Consent for use in Victoria of donor gametes or embryo produced from donor gametes donated in Victoria

Schedule 2AA—Consent for use in Victoria of donor gametes or embryo produced from donor gametes donated outside Victoria

Schedule 2A—Notice of separation

Schedule 3—Information to be recorded in Register kept by registered ART provider

Schedule 4—Information to be recorded in Register of pre‑1988 donor treatment procedures kept by registered ART provider

Schedule 5—Information to be recorded in Register kept by a doctor carrying out artificial insemination using donor sperm

Schedule 6—Information to be kept by the Donor Conception Registrar in Central Register

Schedule 7—Certification to bring donor gametes or embryos produced from donor gametes into Victoria

Schedule 8—Certification to take donor gametes or embryos produced from donor gametes from Victoria

Schedule 9—Exemption from compliance

Schedule 10—Statement of reasons

Schedule 11—Infringement offences

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 005

Assisted Reproductive Treatment Regulations 2019

S.R. No. 115/2019

Version incorporating amendments as at

1 August 2025

1Objective

The objective of these Regulations is to prescribe the following for the purposes of the Assisted Reproductive Treatment Act 2008—

(a)forms of consent, certification, application for exemption, statement of reasons and notice of separation;

(b)matters for counselling;

(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;

(c)costs that may be reimbursed to surrogate mothers and their partners for the purposes of surrogacy arrangements;

(d)information to be included in registers kept under that Act;

(e)fees for applications;

(f)other matters necessary to be prescribed to give effect to that Act.

2Authorising provisions

These Regulations are made under sections 124 and 125 of the Assisted Reproductive Treatment Act 2008.

3Commencement

These Regulations come into operation on 13 December 2019.

4Revocations

The following Regulations are revoked—

(a)the Assisted Reproductive Treatment Regulations 2009[1];

(b)the Assisted Reproductive Treatment Amendment Regulations 2010[2];

(c)the Assisted Reproductive Treatment Amendment Regulations 2013[3];

(d)the Assisted Reproductive Treatment Amendment Regulations 2014[4];

(e)the Assisted Reproductive Treatment Amendment Regulations 2016[5];

(f)the Assisted Reproductive Treatment Amendment Regulations 2019[6].

5Definition

In these Regulations—

the Actmeans the Assisted Reproductive Treatment Act 2008.

6Form of consent to treatment procedure

For the purposes of section 10(1)(a) of the Act, the prescribed form is the form set out in Schedule 1.

7Counselling prior to treatment procedure

For the purposes of section 13(1) and (2) of the Act, the following matters are prescribed—

(a)the options or choices available to the particular woman and her partner, if any;

(b)the possible outcomes of a treatment procedure;

(c)any issue or concern raised by the woman or her partner, if any, in relation to the treatment procedure;

(d)if relevant, advising any children who may be born as a result of a treatment procedure about their donor origins and rights to information;

(e)if relevant, the Central Register and the information required to be kept in the Central Register;

(f)if relevant, issues relating to the use of donated gametes or embryos in the treatment procedure, including the following—

(i)the effect of section 29 of the Act on using donor gametes;

(ii)the withdrawal or lapsing of a donor's consent;

(iii)consent requirements for an extension of storage or for the removal of an embryo from storage;

(g)if relevant, issues relating to genetic siblings who share a common genetic parent but are raised in different families;

(h)if section 20A of the Act applies—

(i)the consequences of separation on consent to the treatment procedure; and

(ii)the requirement for each party to give a written notice of separation with the relevant registered ART provider or doctor.

7ARequirements for persons providing counselling other than on behalf of a registered ART provider

For the purposes of sections 13(2)(b), 18(2)(b), 36(3)(d), 48(b)(ii) and 67A(b) of the Act, the prescribed requirement is full membership, or eligibility for full membership, of the Australian and New Zealand Infertility Counsellors Association.

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.

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.

8ANotice of separation

For the purposes of section 20A(3) of the Act, the written notice of separation must be in the form of Schedule 2A.

9Counselling prior to donation

For the purposes of section 18 of the Act, the following matters are prescribed—

(a)the requirements of the Act in relation to disclosing the identity of the donor to the Donor Conception Registrar and disclosing information to a person born as a result of a donor treatment procedure, if the person seeks that information;

(b)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;

(c)any issue or concern raised by the donor in relation to the donation, for example—

(i)the possible impact of donation on the donor's partner, if any;

(ii)the possible impact of donation on the donor's children, if any;

(d)the implications for donors of—

(i)the effect of section 29 of the Act on using donor gametes; and

(ii)the provisions in the Act relating to—

(A)the withdrawal or lapsing of a donor's consent; and

(B)consent requirements for an extension of storage or for the removal of an embryo from storage.

9ACounselling 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)if the person is a registered ART provider, the person has—

(i)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 the person's name and contact details as a registered ART provider; or

(ii)given written notice to the donor of the person's name and contact details as a registered ART provider;

(ba)if the person is a doctor carrying out artificial insemination other than on behalf of a registered ART provider using the donor gametes, the person has—

(i)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 the person's name and contact details as a doctor carrying out artificial insemination; or

(ii)given written notice to the donor of the person's name and contact details as a doctor carrying out artificial insemination;

(c)if the person is a registered ART provider or a doctor carrying out artificial insemination other than on behalf of a registered ART provider 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;

(ab)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 or embryo produced from the donor's gametes being taken from Victoria;

(ac)the person has been given a copy of—

(i)the donor's consent to the donor's gametes being taken from Victoria; or

(ii)the consent of each person who donated the gametes used to produce the embryo to the embryo being taken from Victoria;

(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 other than on behalf of a registered ART provider 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;

(ba)a copy of the donor's consent or the consent of each person who donated the gametes used to produce the embryo, provided in accordance with regulation 9D(ab);

(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.

10Counselling prior to surrogacy arrangement

For the purposes of section 43(a) of the Act, the following matters are prescribed—

(a)the implications of the surrogacy arrangement for the relationship between—

(i)if there are 2 intended parents, the intended parents; and

(ii)if the surrogate mother has a partner, the surrogate mother and her partner; and

(iii)each intended parent and the surrogate mother; and

(iv)all parties to the surrogacy arrangement; and

(v)if donor gametes or donor embryos are to be used, each donor and the donor's partner, if any, and all parties to the surrogacy arrangement;

(b)the implications of the surrogacy arrangement for any existing children of the surrogate mother or an intended parent;

(c)the possibility of medical complications for the surrogate mother or the child born as a result of the pregnancy;

(d)the possibility of any party deciding not to proceed with the surrogacy arrangement;

(e)the attitudes of all parties to the surrogacy arrangement towards the conduct of the pregnancy;

(f)the attitudes of all parties to the surrogacy arrangement towards—

(i)investigation of any genetic abnormality; and

(ii)possible termination of the pregnancy; and

(iii)any complications which may arise as a result of the pregnancy or birth;

(g)the need for the parties to the surrogacy arrangement to agree on a process for resolving any disputes—

(i)relating to the pregnancy; or

(ii)arising during the pregnancy;

(h)if there are 2 intended parents, the intended parents' intentions regarding care of the child if one of them dies;

(i)possible grief reactions on the part of the surrogate mother and her partner, if any;

(j)ways of telling the child about surrogacy;

(k)the attitudes of all parties to the surrogacy arrangement towards an ongoing relationship between the surrogate mother, her family and the child born as a result of the pregnancy;

(l)if relevant, the implications of the provisions in the Act for parties to the surrogacy arrangement relating to—

(i)the effect of section 29 of the Act on using donor gametes; and

(ii)the withdrawal or lapsing of a donor's consent; and

(iii)consent requirements for an extension of storage or for the removal of an embryo from storage.

11Prescribed costs actually incurred that may be reimbursed to the surrogate mother

(1)For the purposes of section 44(2) of the Act, the following costs are prescribed—

(a)any reasonable medical expenses incurred by the surrogate mother that are not recoverable under Medicare, health insurance or another scheme, including—

(i)costs incurred prior to conception; and

(ii)costs associated with the pregnancy and birth; and

(iii)costs incurred in relation to any child born as a result of the surrogacy arrangement;

(b)any reasonable counselling expenses associated with the surrogacy arrangement incurred by the surrogate mother;

(c)any reasonable legal costs associated with the surrogacy arrangement incurred by the surrogate mother, including costs for obtaining advice for the purposes of section 43(c) of the Act;

(d)any reasonable out-of-pocket costs directly associated with the surrogacy arrangement incurred by the surrogate mother including, but not limited to, travel, accommodation and child care costs;

(e)the cost of reimbursing the surrogate mother for earnings actually lost as a direct result of taking unpaid leave—

(i)for a period not exceeding 2 months during which the birth occurred or was expected to occur; and

(ii)for any other period during which the surrogate mother was unable to work on medical grounds as a result of the surrogacy arrangement;

(f)if the surrogate mother obtains health, life or disability insurance, or increases existing health, life or disability insurance, to cover the period prior to conception, the pregnancy, the birth and post-natal recovery, the cost of reimbursing the insurance premium or increase in an existing insurance premium.

(2)Subregulation (1)(e) does not apply to earnings lost that are recoverable under insurance or any other scheme.

11APrescribed costs actually incurred that may be reimbursed to surrogate mother's partner

(1)For the purposes of section 44(2A) of the Act, the following costs are prescribed—

(a)any reasonable counselling expenses associated with the surrogacy arrangement incurred by the surrogate mother's partner;

(b)any reasonable legal costs associated with the surrogacy arrangement incurred by the surrogate mother's partner, including costs for obtaining advice for the purposes of section 43(c) of the Act;

(c)any reasonable out-of-pocket costs directly associated with the surrogacy arrangement incurred by the surrogate mother's partner relating to travel, accommodation and child care costs;

(d)the cost of reimbursing the surrogate mother's partner for earnings actually lost as a direct result of taking unpaid leave—

(i)to care for the surrogate mother on medical grounds as a result of the surrogacy arrangement and in accordance with a carer's medical certificate provided by a doctor; or

(ii)if the surrogate mother is the primary caregiver for a child, to care for that child while the surrogate mother is unable to as a result of the surrogacy arrangement.

(2)Subregulation (1)(d) does not apply to earnings lost that are recoverable under insurance or any other scheme.

12Counselling prior to posthumous use of gametes or embryos

For the purposes of section 48 of the Act, the following matters are prescribed—

(a)the grieving process;

(b)the possible impact on the child to be born as a result of the treatment procedure.

13Disposal of embryos

For the purposes of section 34(2)(b) of the Act, an embryo must be disposed of by allowing the embryo to stand in its container, at room temperature, in a secure area for a period of not less than 24 hours.

14Register kept by registered ART provider

For the purposes of section 49(1) of the Act, the information listed in Schedule 3 is prescribed.

15Register of pre-1988 donor treatment procedures to be kept by registered ART Provider

For the purposes of section 49A of the Act, the information listed in Schedule 4 is prescribed.

16Register kept by doctor carrying out artificial insemination

For the purposes of section 50(2) of the Act, the information listed in Schedule 5 is prescribed.

17Information to be given to the Donor Conception Registrar

A registered ART provider who has carried out a donor treatment procedure or a doctor who has carried out artificial insemination other than on behalf of a registered ART provider using donor sperm must provide to the Donor Conception Registrar—

(a)the information listed in Schedule 6; and

(b)for the purposes of performing administrative functions relating to the Central Register, the residential address, email address and contact telephone number of—

(i)the donor; and

(ii)the woman on whom the treatment procedure was carried out and her partner, if any.

18Central Register kept by the Donor Conception Registrar

For the purposes of section 53(b) of the Act, the information listed in Schedule 6 is prescribed.

18AStatement of reasons

For the purposes of section 56(3)(b) of the Act, the prescribed form is the form set out in Schedule 10.

19Fee for applications for information

(1)Subject to subregulation (2), for the purposes of sections 56(3)(c) and 60A(2)(b) of the Act, the prescribed fee for an application is 5×18 fee units.

(2)The prescribed fee is nil if—

(a)the applicant is currently experiencing financial hardship; or

(b)the applicant has previously applied under section 56(1) or 60A(1) of the Act for access to information on the Central Register and has paid the fee set out in subregulation (1) for that application; or

(c)a donor sibling of the applicant has previously applied under section 56(1) or 60A(1) of the Act for access to information on the Central Register and has paid the fee set out in subregulation (1) for that application.

19AApplication 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.

20Notice 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.

21Lodgement 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.

22Requirements for entries in the Voluntary Register

For the purposes of section 71(4) of the Act, information entered in the Voluntary Register must be kept in an electronic form that is readily convertible into legible print in the English language.

22ADisclosure 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.

*                *                *                *                *

24Information and documents to be provided for ART registration

For the purposes of section 74(2)(c) of the Act, an application must include the name of the designated officer appointed, employed or engaged by the ART provider.

25Infringement offences and infringement penalties

(1)For the purposes of section 116P(1) of the Act, an offence specified in Column 1 of the Table in Schedule 11 is a prescribed offence.

(2)For the purposes of section 116P(3) of the Act, the prescribed infringement penalty for a prescribed offence is the penalty set out in Column 2 of the Table in Schedule 11 in respect of the corresponding prescribed offence set out in Column 1 of that Table.

SCHEDULE 1—CONSENT TO CARRYING OUT A TREATMENT PROCEDURE

Regulation 6

Part A—Consent of woman who will undergo treatment procedure

I, [name of woman who will undergo treatment procedure]
of [address] consent to the following treatment procedure being carried out on me—

o   artificial insemination;

o   assisted reproductive treatment.

Signed:

Name: [print name]

Date:

*Part B—Consent of partner of woman who will undergo treatment procedure

I, [name of partner of woman who will undergo treatment procedure]

of [address] consent to the following treatment procedure being carried out on [name of woman who will undergo treatment procedure]—

o   artificial insemination;

o   assisted reproductive treatment.

Signed:

Name: [print name]

Date:

Notes:

1.PART B must be completed if the woman consenting to the treatment procedure has a partner as defined in section 3 of the Act.

partner, in relation to a person, means—

(a)the person's spouse (other than a spouse from whom the person has separated); or

(b)a person who lives with the first person as a couple on a genuine domestic basis, irrespective of gender.

2.Section 20A of the Act provides that if gametes produced by the partner of a woman are to be used in a treatment procedure carried out on the woman, the consent of the woman and her partner to the treatment procedure is taken to be withdrawn on their separation. If you and your partner separate in these circumstances, as soon as practicable after separation you are each required to give written notice of the separation in the form prescribed in Schedule 2A, to either—

(a)the registered ART provider or doctor to whom the original consent was provided; or

(b)the registered ART provider or doctor with whom the sperm, oocyte or embryo to which the consent relates is kept or stored.

2A.If you and your partner separate in circumstances other than those outlined in note 2 above, you or your partner are asked to please notify the registered ART provider or doctor carrying out the treatment procedure that you have separated. However, any withdrawal of consent must be provided to the ART provider or doctor separately and in accordance with note 3 below.

3.Consent may be withdrawn at any time before the treatment procedure or action consented to is carried out using the following procedure—

(a)the withdrawal of consent must be in writing;

(b)the person withdrawing the consent must give the withdrawal as soon as practicable to either—

(i)the registered ART provider or doctor to whom consent was given; or

(ii)the registered ART provider or doctor with whom the sperm, oocyte or embryo to which the consent relates is kept or stored.

4.Section 38 of the Act makes it an offence to knowingly or recklessly give false or misleading information or omit to give material information on this consent form.

*                *                *                *                *

*Delete if inapplicable.

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.

SCHEDULE 2A—NOTICE OF SEPARATION

Regulation 8A

I, [name of person]

of [*address OR see attached]

give notice that I have separated from my former partner

[name of former partner]

of [address: if current address is unknown, include former address]

on [date of separation].

Signed:

Name: [print name]

Date:

Notes:

1. Consent to a treatment procedure given by a woman and her partner under section 10(1) of the Act is taken to be withdrawn on their separation if the gametes were produced by the partner of the woman who is to undergo the treatment procedure. As soon as practicable after their separation, the woman and her former partner must each give written notice of the separation or cause the written notice to be given—

(a)to the registered ART provider or doctor to whom consent was given; or

(b)to the registered ART provider or doctor with whom the sperm, oocyte or embryo to which the consent relates is kept or stored.

2. Section 22 of the Act provides that a designated officer of a registered ART provider or a doctor carrying out artificial insemination other than on behalf of a registered ART provider must—

(a)obtain and keep the original of each notice of separation given to them; and

(b)ensure that a certified copy of each notice of separation is given to the person who gave the notice of separation and to their former partner.

3.   An address of each party is required in order for the registered ART provider or doctor receiving the notice of separation to confirm a person's identity. If a person does not wish to disclose their current address on a notice of separation due to a copy being provided to their former partner, they may provide their current address in a separate document. The separate document should be signed by the person, reference the notice of

separation and include the name of the person, the name of their former partner and the date that the person signed the notice of separation.

4. If you provide the relevant ART provider or doctor with a notice of separation, you are not required to also provide a written withdrawal of consent under section 20 of the Act.

5. Section 38 of the Act makes it an offence to knowingly or recklessly give false or misleading information or omit to give material information that is required to be given under the Act or to be included in a register, record or notice under the Act.

*Delete if inapplicable.

SCHEDULE 3—INFORMATION TO BE RECORDED IN REGISTER KEPT BY REGISTERED ART PROVIDER

Regulation 14

1Information relating to donors of gametes and embryos kept or stored by a registered ART provider

The following information is prescribed in relation to each donor of gametes and each person who produced the gametes from which a donated embryo was formed—

(a)the unique donor identifier;

(b)the full name of the donor;

(c)any other name by which the donor is or has been known;

(d)the date of birth of the donor;

(e)the donor's place of birth (suburb or town and country);

(f)the sex of the donor;

(g)the date on which the registered ART provider sighted the donor's passport, driver licence or other identification bearing the donor's photograph and signature;

(h)the donor's residential address and contact telephone number;

(i)the date on which the donor produced the gametes;

(j)the place at which the donor produced the gametes;

(k)if the gametes were or the embryo was not produced at the premises of the registered ART provider, the date on which the gametes were or the embryo was received by the registered ART provider;

(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 formed from the donor's gametes, including the donor and any current or former partner of the donor;

(q)the total number of children born as a result of treatment procedures carried out by the registered ART provider using the donor's gametes or an embryo formed from the donor's gametes;

(r)whether the donor has donated, or intends to donate, gametes or embryos 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.

2Information relating to disposal by a registered ART provider of any gametes or embryos formed outside the body of a woman

(1)The following information is prescribed in relation to gametes disposed of by a registered ART provider—

(a)the date on which the gametes were produced;

(b)the place at which the gametes were produced;

(c)the unique donor identifier or the unique patient identifier of the person who produced the gametes;

(d)the date of disposal of the gametes.

(2)The following information is prescribed in relation to each embryo formed outside the body of a woman and disposed of by a registered ART provider—

(a)the date on which the embryo was formed;

(b)the embryo reference number;

(c)the unique donor identifier or the unique patient identifier of each person who produced the gametes used to form the embryo;

(d)the date of disposal of the embryo.

3Information relating to each woman on whom a donor treatment procedure is carried out by a registered ART provider and the partner, if any, of each woman

(1)The following information is prescribed in relation to each woman on whom a donor treatment procedure is carried out by a registered ART provider—

(a)the full name of the doctor performing the procedure;

(b)the full name of the woman;

(c)the date of birth of the woman;

(d)the place of birth of the woman (suburb or town and country);

(e)any known genetic abnormality of the woman and, if available, any results of tests undertaken in relation to that abnormality;

(f)if the woman has given birth to a child as a result of a previous treatment procedure—

(i)the name of the registered ART provider or doctor who carried out the treatment procedure; and

(ii)if the child was conceived using any donor gametes, the unique donor identifier of each person who produced the gametes.

(2)If the woman has a partner, the following information is required in relation to her partner—

(a)the full name of the partner;

(b)the date of birth of the partner;

(c)the place of birth of the partner (suburb or town and country);

(d)the partner's gender;

(e)if the partner's gametes will be used in the treatment procedure, any known genetic abnormality of the partner and, if available, any results of tests undertaken in relation to that abnormality.

4Information relating to each donor treatment procedure carried out on a woman by a registered ART provider

The following information is prescribed in relation to each donor treatment procedure carried out on a woman by a registered ART provider—

(a)the unique patient identifiers of the woman on whom the treatment procedure is carried out and, if applicable, her partner;

(b)the date of the woman's consent to undergo the treatment procedure and, if applicable, the date of her partner's consent to the treatment procedure;

(c)the date on which the treatment procedure was carried out;

(d)the place at which the treatment procedure was carried out;

(e)the kind of treatment procedure carried out;

(f)the full name of the doctor who carried out the treatment procedure;

(g)the date on which the treatment cycle commenced;

(h)in relation to any donor of gametes or embryos used in the treatment procedure—

(i)whether the donor was known to the woman; and

(ii)the date of the donor's consent to use the gametes or embryos in a treatment procedure; and

(iii)the unique donor identifiers for each person who produced the gametes or embryos used; and

(iv)if a donor embryo is used in the treatment procedure, the embryo reference number;

(i)the outcome of the treatment procedure.

5Information relating to the use of donor gametes or donor embryos in a treatment procedure carried out by a registered ART provider

(1)The following information is prescribed in relation to each treatment procedure carried out by a registered ART provider using donor gametes or donor embryos—

(a)in the case of donor gametes—

(i) whether the gametes used in the treatment procedure were thawed or fresh; and

(ii)if the gametes used in the treatment procedure were transferred to the registered ART provider, the date the gametes were received by the registered ART provider and from whom the gametes were transferred; and

(iii)the outcome of the treatment procedure;

(b)in the case of donor embryos—

(i)whether the embryos used in the treatment procedure were thawed or fresh; and

(ii)if the embryos used in the treatment procedure were transferred to the registered ART provider, the date the embryos were received by the registered ART provider and from whom the embryos were transferred; and

(iii)the outcome of the treatment procedure.

(2)The following information is prescribed in relation to the formation or attempted formation of an embryo outside the body of a woman by a registered ART provider for the purposes of a donor treatment procedure—

(a)the embryo reference number;

(b)the full name of the doctor performing the treatment procedure;

(c)the registered ART provider record number, the unique donor identifier or the unique patient identifier, as the case requires, of—

(i)the man who produced the sperm; and

(ii)the woman who produced the oocyte;

(d)the date on which the gametes were produced;

(e)the time at which and date on which the sperm and oocyte were placed together;

(f)the time at which and date on which fertilisation was confirmed.

6Information relating to sex selection in a treatment procedure carried out by a registered ART provider

The following information is prescribed in relation to each treatment procedure carried out by a registered ART provider using sex selected embryos—

(a)the number of sex selected embryos used;

(b)if sex selected embryos were used to avoid the risk of transmission of a genetic abnormality or a genetic disease, the particular abnormality or disease;

(j)if the child was not liveborn, the reason;

(k)if the birth was a multiple birth—

(i)the place of the child in the order of birth; and

(ii)the total number of children of the birth, whether liveborn or not.

SCHEDULE 5—INFORMATION TO BE RECORDED IN REGISTER KEPT BY A DOCTOR CARRYING OUT ARTIFICIAL INSEMINATION USING DONOR SPERM

Regulation 16

1Information relating to each artificial insemination carried out by a doctor using donor sperm

The following information is prescribed in relation to each artificial insemination carried out by a doctor using donor sperm—

(a)the unique patient identifier of the woman who was inseminated and, if applicable, the unique patient identifier of the woman's partner;

(b)the date on which the insemination took place;

(c)the place at which the insemination took place;

(d)the date on which the sperm was received by the doctor;

(e)the unique donor identifier;

(f)whether the donor is known to the woman or her partner, if any;

(g)if any drugs were used to induce ovulation, the drugs used;

(h)date on which the doctor sighted the donor's passport, driver licence or other identification bearing the donor's photograph and signature.

2Information relating to a donor

The following information is prescribed in relation to a donor of sperm used for an artificial insemination—

(a)the unique donor identifier;

(b)the full name of the donor;

(c)any other names by which the donor is or has been known;

(d)the date of birth of the donor;

(e)the donor's place of birth (suburb or town and country);

(f)the donor's residential address and contact telephone number;

(g)the date on which the donor produced the sperm;

(h)the place at which the donor produced the sperm;

(i)the date on which the donor's sperm was received by the doctor;

(j)the ethnic background of the donor's parents and grandparents, if known;

(k)the donor's height;

(l)the donor's build;

(m)the donor's blood group;

(n)any known genetic abnormality of the donor and, if available, any results of tests undertaken in relation to that abnormality;

(o)the number of women who have given birth to children conceived using the donor's sperm or an embryo formed from the donor's sperm, including any current or former partner of the donor;

(p)the total number of children born as a result of artificial inseminations carried out by the doctor using the donor's sperm;

(q)whether the donor has donated, or intends to donate, sperm or embryos to any registered ART provider or to another 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 counselling in accordance with section 18 of the Act and the name of the counsellor who provided the counselling.

3Information relating to a woman who is artificially inseminated using donor sperm and her partner, if any

The following information is prescribed in relation to each woman who is artificially inseminated by a doctor using donor sperm and her partner, if any—

(a)the full name of the woman and her partner;

(b)the date of birth of the woman and her partner;

(c)the places of birth (suburb or town and country) of the woman and her partner;

(d)if the woman has a partner, her partner's gender.

4Information relating to a child born as a result of an artificial insemination carried out by a doctor using donor sperm

The following information is prescribed in relation to each child born (including each child born in a multiple birth) as a result of an artificial insemination carried out by a doctor using donor sperm—

(a)the unique patient identifier of the woman who was inseminated and, if applicable, the unique patient identifier of the woman's partner;

(b)the unique donor identifier;

(c)the date on which the insemination took place;

(d)the child's full name and sex;

(e)the child's date of birth;

(f)the full address of the child's place of birth;

(g)the child's birth weight;

(h)the child's gestational age;

(i)any physical or other abnormality discerned at or about the time of birth;

(j)if the child was not liveborn, the reason;

(k)if the birth was a multiple birth—

(i)the place of each child in the order of birth;

(ii)the total number of children of the birth, whether liveborn or not.

5Information relating to consent or withdrawal of consent to artificial insemination

The following information is prescribed in relation to each consent to artificial insemination provided under section 10 of the Act—

(a)the date on which the consent was provided;

(b)the date on which counselling was provided under section 13 of the Act to the person giving consent;

(c)the name of the counsellor who provided counselling under section 13 of the Act;

(d)if the consent is withdrawn, the date on which the consent was withdrawn.

6Information relating to donor's consent or withdrawal of consent

The following information is prescribed in relation to each consent provided by a donor under section 16 of the Act—

(a)the date on which the consent was provided;

(b)the date on which the consent lapses under section 21 of the Act;

(c)if the consent is withdrawn, the date on which the consent was withdrawn.

SCHEDULE 6—INFORMATION TO BE KEPT BY THE DONOR CONCEPTION REGISTRAR IN CENTRAL REGISTER

Regulations 17(a) and 18

(1)The following information is prescribed in relation to a child born as a result of a donor treatment procedure—

(a)the child's date of birth;

(b)the child's sex;

(c)the full name of the child, if known;

(d)the full address of the child's place of birth.

(2)The following information is prescribed in relation to a woman on whom a donor treatment procedure was carried out—

(a)the woman's full name;

(b)the woman's unique patient identifier;

(c)the woman's date of birth;

(d)the woman's place of birth (suburb or town and country).

(3)The following information is prescribed in relation to a partner, if any, of a woman on whom a donor treatment procedure was carried out—

(a)the partner's full name;

(b)the partner's unique patient identifier, if applicable;

(c)the partner's date of birth;

(d)the partner's place of birth (suburb or town and country).

(4)The following information is prescribed in relation to a donor treatment procedure—

(a)if the treatment procedure was carried out by a registered ART provider—

(i)the name of the registered ART provider; and

(ii)the full address of the registered ART provider;

(b)if the treatment procedure was carried out by a doctor other than on behalf of a registered ART provider—

(i)the full name of the doctor; and

(ii)the full business address of the doctor; and

(iii)the registration number or code given to the doctor by the Medical Board of Australia under the Health Practitioner Regulation National Law;

(c)the outcome of the treatment procedure, whether a birth, a pregnancy or unknown.

(5)The following information if collected by a registered ART provider or a doctor is prescribed in relation to a donor of the gametes or each donor of the gametes which formed the embryo used in a donor treatment procedure—

(a)any other name by which the donor has been known;

(b)the sex of the donor;

(c)the unique donor identifier;

(d)in the case of a donor embryo, the embryo reference number;

(e)the donor's date of birth;

(f)the donor's place of birth (suburb or town and country);

(g)whether the donor has donated, or intends to donate, gametes or embryos to any registered ART provider or doctor, other than to the registered ART provider or doctor who carried out the treatment procedure and, if so—

(i)the name and address of that registered ART provider; or

(ii)the full name and business address of that doctor;

(h)the date of the donor's consent to use the gametes or the embryo in a treatment procedure;

(i)the number of women who have given birth to children conceived using the donor's gametes or an embryo formed from the donor's gametes, including the donor and any current or former partner of the donor;

(j)the total number of children born as a result of treatment procedures carried out by the registered ART provider or the doctor using the donor's gametes or an embryo formed from the donor's gametes;

(k)any known genetic abnormality of the donor;

(l)the donor's hair colour;

(m)the donor's eye colour;

(n)the donor's build;

(o)the donor's height;

(p)the donor's blood group;

(q)the donor's marital status;

(r)the donor's occupation;

(s)the donor's education;

(t)the donor's interests;

(u)if known—

(i)the donor's father's country of birth; and

(ii)the donor's mother's country of birth; and

(iii)the donor's paternal grandfather's country of birth; and

(iv)the donor's paternal grandmother's country of birth; and

(v)the donor's maternal grandfather's country of birth; and

(vi)the donor's maternal grandmother's country of birth.

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—

·any change to or withdrawal of the donor's consent; and

·any change to the donor's information provided under section 36(3)(e) of the Act;

o   [if the person making the certification is a registered ART provider] I have—

oobtained 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 my name and contact details as a registered ART provider; or

oprovided written notice to the donor of my name and contact details as a registered ART provider;

o [if the person making the certification is a doctor carrying out artificial insemination other than on behalf of a registered ART provider using the donor gametes] I have—

oobtained 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 my name and contact details as a doctor carrying out artificial insemination; or

ogiven written notice to the donor of my name and contact details as a doctor carrying out artificial insemination;

o [if the person making the certification is a registered ART provider or a doctor carrying out artificial insemination other than on behalf of a registered ART provider using the donor gametes] I will use the unique donor identifier from the transferring party so far as is reasonably practicable;

o I 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;

o I have received—

·the donor's email address (if any); and

·the donor's postal address;

o   I 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 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 or embryo produced from the donor's gametes being taken from Victoria;

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, to take the donor's gametes or the embryo from Victoria;

o  I 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;

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  [*if the person making the certification 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 making the certification 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 making the certification is a doctor carrying out artificial insemination other than on behalf of a registered ART provider 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.

SCHEDULE 11—INFRINGEMENT OFFENCES

Section 116P of the Assisted Reproductive Treatment Act 2008

Regulation 25

Table

Item	Column 1 Prescribed offence	Column 2 Prescribed infringement penalty
1	Section 37B(2)	In the case of a natural person, 10 penalty units In the case of a body corporate, 40 penalty units
2	Section 49(1)	10 penalty units
3	Section 49(2)	10 penalty units
4	Section 51(1)	2 penalty units
5	Section 55(3)	8 penalty units
6	Section 55A(3)	8 penalty units
7	Section 66A(1)	8 penalty units
8	Section 66B(1)	8 penalty units
9	Section 66C(1)	8 penalty units
10	Section 80(1)	8 penalty units
11	Section 112	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
12	Section 116B	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
13	Section 116K	In the case of a natural person, 10 penalty units In the case of a body corporate, 40 penalty units
14	Section 120	8 penalty units
15	Section 121	8 penalty units

═════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Assisted Reproductive Treatment Regulations 2019, S.R. No. 115/2019 were made on 26 November 2019 by the Governor in Council under sections 124 and 125 of the Assisted Reproductive Treatment Act 2008, No. 76/2008 and came into operation on 13 December 2019: regulation 3.

The Assisted Reproductive Treatment Regulations 2019 will sunset 10 years after the day of making on 26 November 2029 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Assisted Reproductive Treatment Regulations 2019 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Assisted Reproductive Treatment Amendment Regulations 2020, S.R. No. 64/2020

Date of Making:	30.6.20
Date of Commencement:	8.7.20: reg. 3

Assisted Reproductive Treatment Amendment Regulations 2022, S.R. No. 60/2022

Date of Making:	2.8.22
Date of Commencement:	15.8.22: reg. 3

Assisted Reproductive Treatment Amendment Regulations 2024, S.R. No. 141/2024

Date of Making:	17.12.24
Date of Commencement:	1.1.25: reg. 3

Assisted Reproductive Treatment Amendment Regulations 2025, S.R. No. 69/2025

Date of Making:	15.7.25
Date of Commencement:	1.8.25: reg. 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] Reg. 4(a): S.R. No. 177/2009 as amended by S.R. Nos 74/2010, 52/2013, 192/2014, 153/2016 and 86/2019.

[2] Reg. 4(b): S.R. No. 74/2010.

[3] Reg. 4(c): S.R. No. 52/2013.

[4] Reg. 4(d): S.R. No. 192/2014.

[5] Reg. 4(e): S.R. No. 153/2016.

[6] Reg. 4(f): S.R. No. 86/2019.

——

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2025 is $16.81. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2025 is $203.51. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.