South Australia

Gene Testing Services (Public Availability) Bill 2003

A Bill For

An Act to ensure that certain forms of genetic testing remain reasonably available to members of the public.

Contents

1 Short title

2 Interpretation

3 Requirement to maintain genetic testing services for members of the public

The Parliament of South Australia enacts as follows:

1—Short title

This Act may be cited as the Gene Testing Services (Public Availability) Act 2003.

2—Interpretation

In this Act, unless the contrary intention appears—

genetic analysis means the process of analysing genetic information from a DNA sample;

genetic information means—

(a) information from a DNA sample about genotype; or

(b) information from mutation analysis; or

(c) information about nucleotide and polypeptide sequences; or

(d) information about genes or gene products; or

(e) information about, or derived from, other forms of genetic material;

genetic testing services means medical or clinical services that provide a genetic analysis and includes any related process associated with the collection of a human tissue sample for genetic analysis;

public hospital means a hospital established under Part 3 of the South Australian Health Commission Act 1976 (whether or not declared to be a public hospital under section 27(3b) of that Act);

responsible Minister means the Minister responsible for the administration of the South Australian Health Commission Act 1976.

3—Requirement to maintain genetic testing services for members of the public

(1) The responsible Minister must ensure that genetic testing services available to members of the public within South Australia are at least maintained at the prescribed standard.

(2) For the purposes of subsection (1), the prescribed standard is the average level of genetic testing services provided to (and used by) members of the public attending public hospitals within the State over the period of 5 years ending on 30 June 2003, as determined by the responsible Minister after applying such methodologies as the Minister thinks fit and after categorising those genetic testing services in such manner as the Minister thinks fit.

(3) The responsible Minister must, within 3 months after the commencement of this Act, by notice in the Gazette, set out—

(a) the Minister's determination for the purposes of subsection (2); and

(b) the methodologies that the responsible Minister has applied for the purposes of making that determination.

(4) For the purposes of subsection (1), the responsible Minister may (but need not) authorise a person or body to provide some (or all) of the relevant services on behalf of the State.

(5) An authorisation under subsection (4)—

(a) must be in writing; and

(b) if relevant, must comply with the requirements of Chapter 17 Part 2 of the Patents Act 1990 of the Commonwealth.

(6) The responsible Minister must ensure that members of the public attending public hospitals within the State are not charged a fee for any genetic testing services provided for the purposes of subsection (1).