Infertility Treatment (Amendment) Act 2001 (Vic)

Infertility Treatment (Amendment) Act 2001

Act No. 59/2001

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2
4.	Spousal consent	2
5.	Use of embryos formed from gamete of a person who has died	3
6.	New Part 7A inserted	3
PART 7A—PRE-1 JULY 1988 PROCEDURE
INFORMATION	3

92A.	Definitions	3
92B.	Application of Part	4
92C.	Recording of pre-1 July 1988 information	4
92D.	Release of information	6
92E.	Request for release of information	6
92F.	Authority to comply with wishes of person who
provided information	6
92G.	Authority may give information	7
92H.	Counselling waived in certain circumstances	8
92I.	Offences	8

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ENDNOTES 9

i

Victoria

No. 59 of 2001

Infertility Treatment (Amendment) Act

2001†

[Assented to 16 October 2001]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to make various
amendments to the Infertility Treatment Act

1995 to provide for—

(a) the removal of the requirement for a spouse's consent in limited circumstances where the couple is no longer living together on a genuine domestic basis;

Infertility Treatment (Amendment) Act 2001

s. 2 Act No. 59/2001

(b)	the use of embryos formed from gametes of a person who has died;
(c)	procedure information Register of

voluntary inclusion on the donor treatment treatment procedures undertaken prior to 1 July 1988 and for the release of that information.

2. Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3. Principal Act

See:

Act No.	In this Act, the Infertility Treatment Act 1995 is
63/1995.	called the Principal Act.
Reprint No. 1
as at
1 January
1998
and amending Act Nos 12/1998, 46/1998, 52/1998, 74/2000 and 2/2001. LawToday: dpc.vic. gov.au

4. Spousal consent

(1) In section 13(2) of the Principal Act—

(a)	in paragraph (b), for "divorce" substitute "cease to live together as husband and wife on a genuine domestic basis";
(b)	in paragraph (c), for "that divorce" substitute "the donor and that spouse have ceased to live together as husband and wife on a genuine domestic basis".

Infertility Treatment (Amendment) Act 2001

Act No. 59/2001 s. 5

(2) In section 13 of the Principal Act, for sub-section

(3) substitute—
"(3) Despite sub-section (1), the consent of the

spouse of a donor is not required where the donor and that spouse are no longer living together as husband and wife on a genuine domestic basis.".

(3) In section 15 of the Principal Act, for sub-section

(5) substitute—
"(5) An objection by a spouse of a donor

(whether married or living together in a de facto relationship) lapses if the donor and that spouse are no longer living together as

husband and wife on a genuine domestic

basis.".

(4) In section 18(3) of the Principal Act, after

"married to the donor" insert "and living together as husband and wife on a genuine domestic basis".

(5) In section 19(4) of the Principal Act, after

"married to the donor" insert "and living together as husband and wife on a genuine domestic basis".

5.  Use of embryos formed from gamete of a person who has died

In section 43 of the Principal Act, paragraph (c) is repealed.

6. New Part 7A inserted

After Part 7 of the Principal Act insert—

'PART 7A—PRE-1 JULY 1988 PROCEDURE

INFORMATION

92A. Definitions

In this Part—

Infertility Treatment (Amendment) Act 2001

s. 6 Act No. 59/2001

"counsellor" means a person approved under Part 8 to give counselling to persons applying for information under

this Part;

"pre-1 July 1988 donor" means a donor

whose gamete, zygote or embryo was
used in a pre-1 July 1988 treatment

procedure;

"pre-1 July 1988 information" means

information relating to—

(a) a pre-1 July 1988 donor; or

(b) a pre-1 July 1988 treatment procedure;

"pre-1 July 1988 treatment procedure"

means a treatment procedure or
artificial insemination carried out

before 1 July 1988;

"Register" means the donor procedure

treatment information Register
established and maintained under

section 82.

92B. Application of Part

(1) This Part applies despite Part 7 and section

181(9).

(2) Sections 89 and 90 do not apply to the

release of information under this Part.

92C. Recording of pre-1 July 1988 information

(1) The Authority must establish in the Register

a separate part relating to pre-1 July 1988
information.

Infertility Treatment (Amendment) Act 2001

Act No. 59/2001 s. 6

(2) There shall be entered in the part of the

Register relating to pre-1 July 1988 information—

(a) the names and addresses of persons, including—

(i)  persons born as a result of pre-1 July 1988 treatment procedures;

(ii)  the descendants of persons born as a result of pre-1 July 1988 treatment procedures;

(iii) pre-1 July 1988 donors;

(iv) pre-1 July 1988 treatment

women who have undergone and

(v)  the relatives of persons described in this section—

who have requested the Authority in
writing to so enter their names and

addresses; and

(b) in relation to each person so registered, the wishes of the person in relation to—

(i)

obtaining information about may in the future be, entered in the Register; or

(ii) may in the future be, entered in

another person whose name is, or about him or her.

Infertility Treatment (Amendment) Act 2001

s. 6 Act No. 59/2001

(3) The Authority must not enter information on the part of the Register relating to pre-1 July 1988 information if the request to enter the

information is made by a person who is

under 18 years of age.

92D. Release of information

The Authority may release information from the part of the Register relating to pre-1 July 1988 information in accordance with this

Part.

92E. Request for release of information

Any person—

(a) who requests the Authority in writing to enter his or her name in the part of the Register relating to pre-1 July 1988

information; or

(b) whose name is entered in the part of the Register relating to pre-1 July 1988 information—

may request the Authority to provide
information from that part of the Register
about another person whose name is, or may
in the future be, entered in that part of the
Register.

92F. Authority to comply with wishes of person who provided information

The Authority may only release information about a person from the part of the Register relating to pre-1 July 1988 information in

accordance with the wishes of that person
entered in that part of the Register.

Infertility Treatment (Amendment) Act 2001

Act No. 59/2001 s. 6

92G. Authority may give information

(1) The Authority may, in writing, give

information entered in the part of the information to a person who has made a request under section 92E if—

(a) in the case of information from which a person will or may be identified, the Authority is satisfied that—

(i)  the person to whom the information is to be given; and

(ii)  the person who requested the information be entered on the Register—

have received counselling about the
potential consequences of the
disclosure of that information from a

counsellor; and

(b) in the case of information other than information from which a person will or may be identified, the Authority is satisfied that—

(i)  the person to whom the information is to be given; and

(ii)  the person who requested the information be entered on the Register—

have been offered counselling about the
potential consequences of the
disclosure of that information from a
counsellor.

(2) The Authority must not release information

under sub-section (1) to a person who is
under 18 years of age.

Infertility Treatment (Amendment) Act 2001

s. 6 Act No. 59/2001

92H. Counselling waived in certain

circumstances

The Authority may waive a requirement for counselling under section 92G if—

(a)	a person who is required under that section to receive counselling is dead; or
(b)	the Authority is satisfied that a person who is required under that section to receive counselling is unable to be found; or
(c)

the Authority is satisfied that particular circumstances.

92I. Offences

(1) Any person who is, or has been a member of

the Authority, or employed or engaged to
assist the Authority to carry out its functions
must not release information from the part of
the Register relating to pre-1 July 1988
information except in accordance with this
Part.
Penalty: 50 penalty units.

(2) A person who gives any information under this Part must keep a record of—

(a) the person to whom the information has been given; and

(b) the information given.

Penalty: 50 penalty units.'.

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Infertility Treatment (Amendment) Act 2001

Act No. 59/2001 Endnotes

ENDNOTES

†

Minister's second reading speech—

Legislative Council: 19 September 2001

Legislative Assembly: 27 September 2001

The long title for the Bill for this Act was "to make various amendments
to the Infertility Treatment Act 1995 and for other purposes."