Status of Children (Parentage Testing) Regulations 1997 (TAS)

Status of Children (Parentage Testing) Regulations 1997

I, the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Status of Children Act 1974 .23 June 1997

W. J. E. COX

Lieutenant-Governor

By His Excellency’s Command,

R. J. GROOM

Minister for Justice

PART 1Preliminary1Short titleThese regulations may be cited as the Status of Children (Parentage Testing) Regulations 1997 . 2CommencementThese regulations take effect on 1 August 1997. 3InterpretationIn these regulations, unless the contrary intention appears – Act means the Status of Children Act 1974 ; bodily sample is not limited to a sample of blood; DNA means deoxyribonucleic acid; donor means the person required to provide a bodily sample for the purposes of a parentage testing procedure; HLA means human leucocyte antigen; NATA means the National Association of Testing Authorities, Australia; nominated reporter means the person nominated by a laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure at that laboratory; report means a report in accordance with regulation 16 ; sample means a sample taken from a donor for the purposes of a parentage testing procedure; sampler means a person who takes a bodily sample from a donor for the purposes of a parentage testing procedure; testing means the implementation, or any part of the implementation, of a parentage testing procedure. 4Application of regulationsThese regulations apply to a parentage testing procedure that is required to be carried out on a person under a parentage testing order made by the court under section 13 of the Act. 5Prescribed overseas jurisdictionsFor the purposes of the definition of "prescribed court" in section 2 of the Act, New Zealand and the United Kingdom are prescribed as overseas jurisdictions. 6Parentage testing proceduresFor the purposes of the definition of "parentage testing procedure" in section 11 of the Act, the following medical procedures are prescribed: (a) red cell antigen blood grouping; (b) red cell enzyme blood grouping; (c) HLA tissue typing; (d) testing for serum markers; (e) DNA typing. 7Compliance with regulationsA parentage testing procedure is taken to be carried out in accordance with these regulations if – (a) it is carried out – (i) in compliance with Part 2 ; and (ii) at a laboratory that is accredited by NATA for the purpose of carrying out parentage testing procedures; and (iii) in accordance with standards of practice that entitle the laboratory to be so accredited; and (b) it is supplemented by a report. PART 2Collection, Storage and Testing of Samples8SamplersA person is not to take a bodily sample from a donor for the purposes of a parentage testing procedure unless – (a) the person is a registered medical practitioner; or (b) the person is employed by a hospital, a pathology practice, a parentage testing practice or a registered medical practitioner for the purpose of taking a bodily sample from a donor. 9Provision of information by donor (1)  A sampler is not to take a bodily sample from a donor before the donor or, if appropriate, a person described in subregulation (3) , has – (a) completed an affidavit in accordance with Form 1 in Schedule 1 ; and (b) either – (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background; or (ii) made a written arrangement with the sampler for a photograph of that kind to be taken. (2)  Immediately before the sampler takes the bodily sample from the donor, the donor is to have completed a declaration in accordance with Form 2 in Schedule 1 . (3)  If the donor is a child under the age of 18 years, or a person who is suffering from a mental disability, the affidavit referred to in subregulation (1)(a) and the declaration referred to in subregulation (2) may be completed only by – (a) in the case of a child under the age of 18 years, a person who is responsible for the long-term care, welfare and development of the child; or (b) in the case of a person who is suffering from a mental disability – (i) a trustee or manager in relation to the person under a law of the State or Territory whose laws apply to the person; or (ii) a person who is responsible for the care, welfare and development of the person suffering from a mental disability. 10Collection of blood samples (1)  A sampler may take a sample of blood from a donor only with a needle or syringe that – (a) has not been used for any purpose; and (b) has been sterilised; and (c) is disposable. (2)  Before taking a sample of blood from a donor, the sampler is to ensure that the area of the donor’s skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic. 11Collection of bodily samples for DNA typing (1)  This regulation applies to the taking of a bodily sample (except a sample of blood) from a donor for the purposes of a parentage testing procedure that is DNA typing. (2)  A sampler is not to take a bodily sample from a donor with a swab unless the swab – (a) has not been used for any purpose; and (b) has been sterilised. (3)  If the bodily sample to be taken from a donor is a skin scraping or a hair root, the implement used by the sampler to take the sample is to have been sterilised before use. 12Container to be sealed and labelled (1)  If a bodily sample is taken from a donor, the sampler is to ensure that – (a) the sample is placed in a container – (i) immediately after it is taken; and (ii) in the presence of the donor; and (b) the container has not previously been used for any purpose; and (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container; and (d) the container is labelled in a way that – (i) if the label, or any part of the label, were removed; or (ii) if writing on the label were impaired by alteration or erasure – the removal of the label, or the impairment, would be evident on inspection of the container; and (e) the particulars on the label are inscribed in ink and include – (i) the full name of the donor; and (ii) the date of birth and the sex of the donor; and (iii) the date and time at which the sample was taken; and (f) when paragraph (e) is complied with, the sampler and the donor sign the label in ink. (2)  If the donor is a child under the age of 18 years – (a) the procedure specified in subregulation (1)(a) is to be completed in the presence of the person who is responsible for the long-term care, welfare and development of the child; and (b) the procedure specified in subregulation (1)(f) is taken to be satisfied only if the person who is responsible for the long-term care, welfare and development of the child signs the label. (3)  If the donor is a person who is suffering from a mental disability – (a) the procedure specified in subregulation (1)(a) is to be completed in the presence of – (i) a trustee or manager in relation to the person under a law of the State or Territory whose laws apply to the person; or (ii) a person who is responsible for the care, welfare and development of the person suffering from a mental disability; and (b) the procedure specified in subregulation (1)(f) is taken to be satisfied only if the label is signed by – (i) a trustee or manager in relation to the person under a law of the State or Territory whose laws apply to the person; or (ii) a person who is responsible for the care, welfare and development of the person suffering from a mental disability. 13Statement by samplerAfter taking a bodily sample from a donor, the sampler is to – (a) complete a statement in accordance with Form 3 in Schedule 1 ; and (b) affix the photograph of the donor referred to in regulation 9(1)(b) to the statement; and (c) sign his or her name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement. 14Packing and storage requirements (1)  A bodily sample is to be packed, stored and transported to a laboratory for testing in a manner that – (a) will preserve the integrity of the sample; and (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection. (2)  The sampler is to ensure that the following documents are sent to the laboratory with the sample: (a) the affidavit completed under regulation 9(1)(a) ; (b) the declaration completed under regulation 9(2) ; (c) the statement completed under regulation 13 . 15Testing of bodily samples (1)  A laboratory to which a bodily sample has been sent for testing is to ensure that the testing is completed – (a) if the proposed procedure is red cell antigen blood grouping, red cell enzyme blood grouping or testing for serum markers, within 6 days after the sample is taken; or (b) if the proposed procedure is HLA tissue typing, within 3 days after the sample is taken; or (c) if the proposed procedure is DNA typing, within a reasonable time after the sample is taken. (2)  If the proposed procedure is red cell enzyme blood grouping or testing for serum markers, subregulation (1)(a) is complied with if a dried sample of the bodily sample to be tested is prepared within 6 days after the sample is taken from the donor. PART 3Reports16Reports (1) A report under section 17 of the Act is to be in accordance with Form 4 in Schedule 1 . (2)  Part 1 of the report is to be completed by the nominated reporter identified in the report. (3)  Part 2 of the report is to be completed by – (a) the person who carried out the parentage testing procedure; or (b) the person under whose supervision the parentage testing procedure was carried out. (4)  A report completed otherwise than in accordance with this regulation is taken to be of no effect. Schedule 1FormsForm 1

Regulation 9(1)

Form 2Form 3

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 2 July 1997

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation) The regulations contain provisions relating to the carrying out of parentage testing procedures under