new donor treatment laws

New Donor Treatment Laws:A step-by-step guide to understanding the Assisted Reproductive Treatment (Further Amendment) Act 2013

24 October 2014

Emma TurnerSpecial Counsel

Doc ID: 3825039

29 June 2015

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Commencement of the Act

• “It extends the current law applying to 1988-97 donor conceived people to donor-conceived people conceived prior to 1988.”

*Introduction and First Reading, 10 December 2013 (4438-4439)

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Purpose of the Act

• “Donor sibling”

• “Pre-1988 donor treatment procedure”

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Section 3 – Definitions

A donor sibling is defined to mean a sibling of a person as a result of a donor treatment procedure, where the sibling was also born as a result of a donor treatment procedure using gametes donated by the same donor.

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“Donor sibling”

Pre-1988 donor treatment procedure refers to a procedure carried out using gametes donated before 1 July 1988.

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“Pre-1988 donor treatment procedure”

• ART providers that have possession or control of records relating to pre-1988 donor treatment procedures MUST keep a register.

• The register MUST include records that include the following prescribed information:

•Donors of gametes

•Donor Recipients and their partner

•Outcomes of donor treatment procedures:

• Confirmed pregnancies

• Miscarriages

•Donor treatment procedures carried out

•The use of donor gametes

•Births as a result of donor treatment procedures

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Section 49A

• “Possession of Control”

• “Document”

•In addition to a document in writing includes:

• Books, maps, plans, graphs, drawings

• Photographs

• Any label, marking or other writing which identifies or describes anything of which it forms part, or to which it is attached by any means whatsoever

• Disc, tapes, soundtracks, or other device in which sounds or other data can be retained and reproduced

• Film, micro film, negatives, tapes or other device in which images or other visual data can be retained and reproduced

• Anything whatsoever on which is marked any words, figures, letters or symbols which are capable of carrying a definite meaning to persons conversant with them

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When do you have a “document”?

• Information to be given to Registrar by registered ART providers – register of Pre-1988 donor treatment procedures:

•Register of pre-1988 donor treatment procedures

•Annual update provision

•No later than 1 July each year

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Section 52A

• Information may be given to the Registrar by individuals – pre-1988 donor treatment procedures:

•Natural persons with records relating to pre-1988 donor treatment procedures

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Section 52B

• Registrar to correct or include information on Central Registrar without request

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Section 54A

• Application relating to person born as a result of pre-1988 donor treatment procedure – access to public records:

•Section 56A provides that in certain circumstances the Registrar may access and disclose information held by the Public Record Office relating to pre-1988 donor treatment procedures.

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Section 56A

• Disclosure of persons born as a result of donor treatment procedure:

•Amended to enable the Registrar to disclose identifying information to an applicant who was conceived at any time prior to 31 December 1997 if the donor has given consent to the disclosure.

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Section 59

• Disclosure of information to persons descended from persons born as a result of donor treatment procedure:

•Where an application for information is received from a person descended from a person born as a result of a donor treatment procedure the Registrar must not disclose information unless the donor consents.

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Section 60

• Application for information on Central Registrar about donor siblings:

•Information limited to:

• The total number of donor siblings and total born to each woman

• The sex of each of the donor siblings

• The month and year of birth of each of the siblings

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Section 60A

• Requirement for Counselling:

•VARTA included in Counsellors approved to provide counselling services under the Act.

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Section 61

• Disclosure of information to the Authority:

•The Registrar may only disclose information to the Authority with the person’s consent.

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Section 63

• Counselling for accessing information:

•If a person is required to give consent to the disclosure of information, upon completion of counselling the counsellor is to give the Registrar a statement of the applicant’s reasons for seeking the information.

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Section 67A

• Disclosure of certain kinds of relevant medical information

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Section 68A

• Registered ART provider may disclose medical information:

•Information about donors

•Information about persons born as a result of a donor treatment procedure

• NB ART provider not obliged to disclose medical information to any person (see S68E).

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Section 68B

• Disclosure of medical information:

•Disclosure under 68C(1) required to be made by a doctor

•Discretion for the ART provider to disclose the relevant medical information to a doctor treating the person to whom the information has been disclosed

•Consent not required to disclose non-identifying information

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Section 68C

• Disclosure information from Central Register to registered ART provider:

•Registrar may assist ART providers in disclosing relevant medical information:

• Whose information may be released

• Where the information can be released from

• What information can be released

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Section 68D

• Counselling under this part:

•This has been expanded to include Counsellors who provide counselling on behalf of the VARTA, this previously was limited to counsellors approved under the Adoption Act 1984.

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Section 73A

• Who may use donor linking services?

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Section 73B

• Authority may provide donor linking services

•Facilitate the exchange of information or correspondence with another person

•Assist the person to arrange contact with another person

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Section 73C

• Powers, functions, duties and consultation requirements:

•Amends VARTAs powers to include counselling and support services in relation to donor treatment procedures

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Section 100

• Records identifying donor treatment procedure participants to be kept for 99 years:

•Identifying record: means record relating to a donor treatment procedure that identifies the donor and the woman on whom the treatment procedure was carried out, and her partner, if any.

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Section 121A

•Identifying records must be kept for 99 years after the creation of the record

•Applies to records created before or after the commencement of the Act (29 June 2015)

•it will be an offence to destroy or remove or cancel identifying records.

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Obligations of ART providers regarding keeping of records

• Initial provision of information on register of pre-1988 DTP:

•Obliges ART providers to give a copy of the register of pre-1988 donor treatment procedures required to be kept under new section 49A to the Registrar within 6 months of the commencement of the new provisions.

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Section 140

• ART providers should:

•Compile register of pre-1988 donor treatment procedures based on records in your possession and control

•Reach out to retired clinicians and their families and encourage them to provide any relevant documents they possess or control to the Registrar

•Establish or review internal procedures for managing disclosure of relevant medical information

•Prepare for dealing with enquiries from donors and persons conceived from DTP about what the new changes mean for them

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What do you need to do to get ready?

Questions?

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The information contained in this presentation is intended as general commentary and should not be regarded as legal advice. Should you require specific advice on the topics or areas discussed please contact the presenter directly.

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Disclaimer

PRESENTER

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Emma TurnerSpecial CounselT: 8602 7223

E: eturner@rk.com.au