Status of Children Act 1996 Status of Children Amendment Regulation 1999 (1999-226) [GG No 61 of 21.5.1999, p 3486] (NSW)

1999 No 226

New South Wales

under the

Status of Children Act 1996

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Status of Children Act 1996.

JEFFREY SHAW, Q.C., M.L.C.,
Attorney General.

Ia

An accredited laboratory is defined in clause 3 (1) of the Status of Children Regulation 1998 to be a laboratory accredited by the National Association of Testing Authorities, Australia, to carry out parentage testing procedures, the name of which has been published in the Commonwealth Government Gazette by the Attorney-General of the Commonwealth under the Family Law Regulations of the Commonwealth.

The Attorney-General of the Commonwealth no longer publishes the names of such laboratories in the Commonwealth Government Gazette.

That Regulation also makes provision for representatives of donors (persons required to provide a bodily sample for the purposes of parentage testing procedures) who are under the age of 18 or who have a disability.

The object of this Regulation is to amend the Status of Children Regulation
1998 to provide that:

(a) the names of accredited laboratories need not be published in the Commonwealth Government Gazette by the Attorney-General of the Commonwealth, and

Published in Gazette No 61 of 21 May 1999, page 3486 Page 1

1999 No 226

Status of Children Amendment Regulation 1999

Explanatory note

(b) where the Supreme Court is satisfied that a parent or guardian or other representative of a donor is unavailable or not suitable in the circumstances, the Court may appoint a person to be the representative of that donor for the purposes of the Regulation.

This Regulation is made under the Status of Children Act 1996, including section 36 (the general regulation-making power).

Status of Children Amendment Regulation 1999 Clause 1

This Regulation is the Status of Children Amendment Regulation

1999.

ment of Status of Children

The Status of Children Regulation 1998 is amended as set out in

Schedule 1.

The explanatory note does not form part of this Regulation.

ts

(Clause 2)

[1]        Clause 3 Definitions

Omit “and the name of which has been published in the Commonwealth Government Gazette by the Attorney-General of the Commonwealth under Regulation 21N (3) or (5) of the Family Law Regulations of the Commonwealth” from the definition of accredited laboratory in clause 3 (1).

[2]        Clause 3 (1), definition of representative

Insert “, subject to subclause (4)” after “means”.

Insert after clause 3 (3):

(4) The Supreme Court may appoint a person to be the representative of a donor for the purposes of this Regulation in relation to a particular matter if the Court is satisfied that there is no other representative who is available or who is suitable in the circumstances.