Family Law Amendment Regulations 2001 (No. 2) (Cth)
Family Law Amendment Regulations 2001 (No. 2) 1
Statutory Rules 2001 No. 117 2
I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the
Family Law Act 1975. Dated 30 May 2001
WILLIAM DEANE
Governor-General
By His Excellency’s Command
DARYL WILLIAMS
Attorney-General
These Regulations are the
Family Law Amendment Regulations 2001 (No. 2) .
These Regulations commence on gazettal.
Schedule 1 amends the
Family Law Regulations 1984 .
(regulation 3)
omit Minister for Youth and Community Services;
insert Secretary to the Department of Human Services;
substitute
(i) Chief Executive of the Department of Education and Community Services; and
substitute
21F Provision of information by donor — Form 2
substitute
(a) completed an affidavit in accordance with Form 2 in Schedule 1, immediately before the sampler takes the bodily sample from the donor; and
omit
omit and the declaration referred to in subregulation (2)
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(b) the statement completed under regulation 21J.
omit
DATED this day of 19 .
insert DATED:
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Form 2 Parentage testing procedure
Affidavit by/in relation to donor (subregulation 21F (1))
PARENTAGE TESTING PROCEDURE
AFFIDAVIT BY/IN RELATION TO DONOR
NAME OF CHILD WHOSE PARENTAGE IS IN ISSUE: (
insert child’s name )NAME OF DONOR: (
insert donor’s name )DATE OF BIRTH OF DONOR: (
insert donor’s date of birth )*RELATIONSHIP/*PUTATIVE RELATIONSHIP OF DONOR TO CHILD WHOSE PARENTAGE IS IN ISSUE: (
if donor is not the child whose parentage is in issue, insert relationship of donor to child )DATE OF COLLECTION OF SAMPLE FROM DONOR: (
insert date of collection )I, (
insert name ), of (insert address ), (insert occupation ), *make oath and say/*affirm:
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PART 1
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1. My racial background is (
insert details ).2. In the last 2 years:
(a) I *have/*have not suffered from leukaemia
(b) I *have/*have not received a bone marrow transplant.
3. The particulars of the *leukaemia
/ *bone marrow transplant are as follows:(
insert particulars ).4. I *have
/ *have not received a transfusion of blood or a blood product within the last 6 months.*5. The particulars of the transfusion of blood or blood product are as follows:
(
insert particulars ).PART 2
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1. I am the (
state relationship or other status in relation to the donor ) of (insert name of donor ) who was born on (insert date of birth of donor ).2. (
insert name of donor ) is a person whose racial background is (insert details ).3. In the last 2 years:
(a) the donor *has/*has not suffered from leukaemia
(b) the donor *has/*has not received a bone marrow transplant.
*4. The particulars of the *leukaemia/*bone marrow transplant are as follows:
(
insert particulars ).5. The donor *has/*has not received a transfusion of blood or a blood product within the last 6 months.
*6. The particulars of the transfusion of blood or blood product are as follows:
(
insert particulars ).*SWORN/*AFFIRMED by the
deponent at
on 20
(
Signature of deponent )BEFORE ME: (
insert name of person
before whom the affidavit is sworn
or affirmed )(
Signature of person
before whom affidavit is
sworn or affirmed )*
Omit if not applicable.
omit DATED: 19 .
insert DATED:
omit (
insert address )
insert (
insert street address of laboratory where testing was performed )
omit everything after (
insert name
insert
and street address of *laboratory/*laboratories where testing was performed ) on (insert date/s ).
substitute *6. I report that the results of the parentage testing *procedure/*procedures carried out on the bodily *sample/*samples of the donors specified above show that (
insert name of putative parent ) is not excluded from identification as the *father/*mother of (insert name of child whose parentage is in issue ).[
OR ]*6. I report that the results of the parentage testing *procedure/*procedures carried out on the bodily *sample/*samples of the donors specified above show that (
insert name of putative parent ) is excluded from identification as the *father/*mother of (insert name of child whose parentage is in issue ).*7. I further report that the probability that (
insert name of putative parent ) is the genetic *father/*mother of (insert name of child whose parentage is in issue ) has been calculated as follows:Putative *father/*mother is (
insert figure ) times more likely to produce a child with the required alleles than a *man/*woman drawn randomly from the general population. This equates to a Relative Chance of *Paternity/* Maternity of (insert figure ).[
OR ]*7. I further report that the exclusion is based on contradictions of the laws of genetic inheritance in (
insert amount ) of the (insert amount ) genetic markers: (insert the names of the genetic markers and whether the contradictions are of the first or second order ).*8. I further report (
if necessary, provide further explanation of results detailed in item 6 or 7, or both ).
substitute 1. The bodily *sample/*samples referred to in Part I of this report were received at (
insert name and street address of laboratory at which parentage testing *procedure was/*procedures were carried out ) on the following date/s:(a) (
specify sample ) ¾ (insert date )*(b) (
specify sample ) ¾ (insert date )*(c) (
specify sample ) ¾ (insert date )*(d) (
specify sample ) ¾ (insert date )*(e) (
specify sample ) ¾ (insert date ).
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Item applying if parentage testing procedure carried out was red cell antigen blood grouping, red cell enzyme blood grouping, HLA tissue typing or testing for serum markers *4. The results set out above in item 3 refer to the parentage testing *procedure/*procedures carried out *by me/*under my supervision on (
insert date/s ). The bodily *sample was/*samples were tested with the same reagents and in parallel with appropriate known controls. Results from controls show that all reagents were of correct specificity and normal potency. I am satisfied that the results obtained are true and that they have been correctly transcribed from the laboratory records.[
OR ]
Item applying if parentage testing procedure carried out was DNA typing *4. The results set out above in item 3 refer to the parentage testing *procedure/*procedures carried out *by me/*under my supervision on (
insert date/s ). The bodily *sample was/*samples were tested with the same probes/primers and in parallel with appropriate known controls. Fragment length and/or hybridisation patterns were in accordance with scientifically accepted standards. I am satisfied that the results obtained have been correctly coded from the fragment and/or hybridisation pattern and that they have been correctly transcribed from the laboratory records.
[16] Schedule 1, Form 5, after item 4, second occurring
omit DATED: 19 .
insert DATED:
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1. These Regulations amend Statutory Rules 1984 No. 426, as amended by 1985 No. 183; 1986 Nos. 140 and 393; 1987 Nos. 85 and 175; 1988 Nos. 42, 44, 164 and 165; 1989 Nos. 8, 53, 74, 155, 205, 235 and 326; 1990 Nos. 294 and 373; 1991 Nos. 401 and 447 (disallowed by the Senate on 3 March 1992); 1992 Nos. 33, 160, 287, 376 and 404; 1994 Nos. 86 and 343; 1995 Nos. 297, 400 and 419; 1996 Nos. 71, 188 (as amended by 1996 No. 201), 253 and 265; 1997 Nos. 157 (disallowed by the Senate on 24 November 1997), 232, 251 and 376; 1998 Nos. 39, 121, 222, 270 and 329; 1999 Nos. 39 and 173; 2000 Nos. 16, 81, 207 and 254; 2001 No. 31.
2. Notified in the
Commonwealth of Australia Gazette
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