2003

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mrs Helen Cross)

Part 1.1 Crimes Act 1900 5

Part 1.2 Health Records (Privacy and Access) Act 1997 8

2003

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mrs Helen Cross)

An Act to amend the Discrimination Act 1991, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Discrimination (Genetic Status) Amendment Act 2003.

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This Act amends the Discrimination Act 1991.

Note This Act also amends the following legislation (see sch 1):

• Health Records (Privacy and Access) Act 1997

• Crimes Act 1900.

(ja) a genetic characteristic or a genetic predisposition to a condition or disease;

Part 3

(1) Part 3

(2) Subsection (1) does not apply to the use of predictive genetic information to discriminate against a person in relation to the terms on which an annuity or a policy of insurance is offered to, or may be obtained by, the person.

(1A) Subsection (1) does not apply to the use of predictive genetic information to discriminate against a person in the terms or conditions relating to a superannuation or provident fund or scheme.

genetic testing includes gene testing (DNA testing) and biochemical testing (protein testing).

predictive genetic information means information obtained by genetic testing that identifies a genetic predisposition to a condition or disease.

• s 49G (Genetic testing without consent)

• s 49H (Unlawful obtaining of genetic testing consent)

In this part:

genetic testing includes gene testing (DNA testing) and biochemical testing (protein testing).

relevant person, for a sample, means—

(a) if the person from whom the sample is taken is an adult (other than a person mentioned in paragraph (c))—that person; and

(b) if the person from whom the sample is taken is a child—a person who has custody of the child; and

(c) if the person from whom the sample is taken is otherwise incapable of consenting to having a medical test carried out—the person who has the care and control of that person.

sample means any sample of a person’s body tissue, and includes a sample of the person’s blood, saliva or hair.

(1) A person commits an offence if—

(a) the person—

(i) takes a sample from someone else for the purpose of genetic testing; or

(ii) submits a sample from someone else for genetic testing; or

(iii) conducts genetic testing on a sample from someone else; and

(b) a relevant person has not consented to the taking of the sample for the purpose of genetic testing; and

(c) the person knows that a relevant person has not consented to the taking of the sample for the purpose of genetic testing.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

(2) A person commits an offence if—

(a) the person—

(i) takes a sample from someone else for the purpose of genetic testing; or

(ii) submits a sample from someone else for genetic testing; or

(iii) conducts genetic testing on a sample from someone else; and

(b) a relevant person has not consented to the taking of the sample for the purpose of genetic testing; and

(c) the person is reckless about whether a relevant person has consented to the taking of the sample for the purpose of genetic testing.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

(3) This section does not apply to a person acting in accordance with—

(a) a law in force in the Territory relating to the taking of forensic samples; or

(b) a court order.

(1) A person commits an offence if the person—

(a) obtains by deception a relevant person’s consent to the taking of a sample for the purpose of genetic testing; or

(b) coerces a relevant person to consent to the taking of a sample for the purpose of genetic testing.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

(2) Without limiting subsection (1) (b), a person coerces someone to give consent if the person requires the consent—

(a) as a condition or precondition of someone’s employment; or

(b) as a condition or precondition for the provision of insurance services or health services.

(a) any activity that is intended or claimed (expressly or by implication), by the person performing it—

(i) to assess, record, improve or maintain the physical, mental or emotional health of a consumer; or

(ii) to diagnose or treat an illness or disability of a consumer

including an activity relating to the collection of genetic information about a predisposition of the consumer to illness or disability; or

personal health information, for a consumer, means any personal information—

(a) relating to the health, an illness or a disability of the consumer; or

(b) collected by a health provider in relation to the health, an illness or a disability of the consumer;

whether or not the information is recorded in a health record, and includes genetic information about a predisposition of the consumer to illness or disability.

Presentation speech made in the Legislative Assembly on 2003.

Notified under the Legislation Act on 2003.

For the latest republication of amended laws, see www.legislation.act.gov.au.