Victorian Current Acts

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ASSISTED REPRODUCTIVE TREATMENT ACT 2008


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Interpretation of references to procedures and treatment  
   5.      Guiding principles  
   6.      Act to bind the Crown  

   PART 2--TREATMENT PROCEDURES

   7.      Assisted reproductive treatment  
   8.      Artificial insemination  
   9.      Section 8 not applicable to self-insemination  
   10.     Persons who may undergo treatment procedures  
   11.     Requirements as to consent  
   12.     Child protection order check  
   13.     Counselling  
   14.     Presumption against treatment  
   15.     Application for review  
   16.     Donation of gametes or an embryo  
   17.     Requirements as to consent  
   18.     Counselling requirements  
   19.     Requirements as to the giving and receiving of information  
   20.     Withdrawal of consent  
   21.     Lapsing of consent  
   22.     Record of consent and withdrawal of consent  
   23.     Transfer of documents  
   24.     Information about transfer of donated gametes or an embryo  
   25.     Information and advice  

   PART 3--OFFENCES RELATING TO USE AND STORAGEOF GAMETES AND EMBRYOS AND OTHER MATTERS

   26.     Procedures involving gametes produced by children  
   27.     Ban on certain procedures  
   28.     Ban on sex selection  
   29.     Ban on using donated gametes to produce more than 10 families  
   30.     Ban on destructive research on embryos created for treatment purposes  
   31.     Storing gametes  
   31A.    Panel may approve longer or further storage period  
   31B.    Time for removal of gametes from storage  
   32.     Prohibition on storing embryos except in particular circumstances  
   33.     Storing embryos for later transfer  
   33A.    Patient Review Panel may approve longer or further storage of embryos  
   34.     Removal of embryos from storage  
   34A.    Time for removal of embryos from storage  
   35.     Formation of embryos  
   36.     Moving donated gametes and embryos into and out of Victoria  
   37.     Exemption  
   38.     False or misleading information  

   PART 4--SURROGACY

   39.     Certain surrogacy arrangements to require approval of Patient Review Panel  
   40.     Matters to be considered by Patient Review Panel in deciding application for approval of surrogacy arrangement  
   41.     Patient Review Panel may approve non-complying surrogacy arrangement in exceptional circumstances  
   42.     Application of general requirements for treatment to surrogacy arrangement  
   43.     Counselling and legal information  
   44.     Surrogacy costs  
   45.     Prohibition on certain publications  

   PART 5--POSTHUMOUS USE OF GAMETES

   46.     Requirements for posthumous use of gametes or an embryo in treatment provided by a registered ART provider  
   47.     Approval by Patient Review Panel  
   48.     Counselling  

   PART 6--REGISTERS AND ACCESS TO INFORMATION

   49.     Register to be kept by registered ART providers  
   49A.    Register of pre-1988 donor treatment procedures to be kept by registered ART provider  
   50.     Register to be kept by doctor carrying out artificial insemination  
   51.     Information to be given to the Authority by registered ART providers  
   52.     Information to be given to Authority by doctors  
   52AA.   Information to be given to the Registrar by the Authority  
   52A.    Information to be given to Authority by registered ART provider—register of pre‑1988 donor treatment procedures  
   52B.    Information may be given to Authority by persons other than registered ART providers—pre-1988 donor treatment procedures  
   53.     Authority to keep a Central Register  
   54.     Authority to correct Central Register on request  
   54A.    Authority to correct or include information on Central Register without request  
   55.     Information recorded by registered ART providers that is to be given to donors  
   56.     Application for information on Central Register  
   56A.    Application relating to person born as a result of pre-1988 donor treatment procedure—access to public records  
   56B.    Authority may request records—pre-1988 donor treatment procedures  
   56C.    Offence to disclose that Authority has requested records—pre-1988 donor treatment procedures  
   56D.    Authority may apply to Magistrates' Court for production order  
   56E.    Hearing of application for production order  
   56F.    Magistrates' Court may make production order  
   56G.    Expiry of production order  
   56H.    Failure to comply with production order  
   56I.    Medical professional privilege, contravention of ethics not a reasonable excuse  
   56J.    Authority may request additional information in order to identify pre-1998 donor  
   56K.    Offence to disclose that Authority has requested additional information relating to donor or donor treatment procedures  
   56L.    Authority may request genetic test results of suspected donor  
   56M.    Authority may request genetic test results of relative of suspected donor  
   56N.    Authority to be satisfied of relationship before disclosing information  
   57.     Disclosure of information that does not identify a person  
   58.     Disclosure of information to parent of person born as a result of donor treatment or donor  
   59.     Disclosure of information to persons born as a result of a donor treatment procedure  
   60.     Disclosure of information to persons descended from persons born as a result of donor treatment procedure  
   60A.    Application for information on Central Register about donor siblings  
   61.     Requirement for counselling  
   62.     Notice to be given of intended disclosure  
   63.     Disclosure of information if pre-1998 donor deceased or not located  
   63A.    Information leading to location of donor  
   63B.    Time limit for disclosure of identifying information about pre-1998 donors  
   63C.    Contact preference for pre-1998 donors  
   63D.    Duration of contact preferences lodged by pre-1998 donors  
   63E.    Amendment of contact preferences lodged by pre‑1998 donors  
   63F.    Withdrawal of contact preferences lodged by pre‑1998 donors  
   63G.    Undertaking required from applicant for identifying information relating to pre-1998 donors  
   63H.    Applications from children for information relating to pre‑1998 donors  
   63I.    Contact preferences for persons born as a result of a donor treatment procedure—application for disclosure  
   63J.    Form of contact preference  
   63K.    Duration of contact preferences for person born as a result of donor treatment procedure  
   63L.    Duration of contact preferences lodged by parent or guardian of person born as a result of donor treatment procedure  
   63M.    Amendment of contact preferences lodged in relation to persons born as a result of a donor treatment procedure  
   63N.    Withdrawal of contact preferences lodged in relation to persons born as a result of a donor treatment procedure  
   63O.    Undertaking required from applicant for identifying information relating to person born as a result of a donor treatment procedure  
   64.     Information  
   65.     Disclosure of information to doctor  
   66.     Records of information disclosed  
   66A.    Confidentiality of information on the Central Register  
   66B.    Confidentiality of other information provided to the Authority under this Part  
   66C.    Confidentiality of information on the Central Register disclosed by the Authority  
   67.     Consent  
   67A.    Counselling under this Part  
   67B.    Authorisation of organisations  
   68.     Exemption from Freedom of Information Act 1982  

   PART 6A--ACCESS TO CERTAIN KINDS OF MEDICAL INFORMATION

   68A.    Application of Part  
   68B.    Registered ART provider may disclose medical information  
   68C.    Disclosure of medical information  
   68D.    Disclosure of information from Central Register to registered ART provider  
   68E.    Registered ART provider not required to disclose medical information under this Part  

   PART 7--VOLUNTARY REGISTER AND DONOR‑LINKING

   69.     Application of Part  
   70.     Authority to keep Voluntary Register  
   71.     Information and matter to be entered in Voluntary Register  
   72.     Disclosure of information  
   73.     Requirement for counselling  
   73A.    Counselling under this Part  
   73B.    Who may use donor-linking services?  
   73C.    Authority may provide donor-linking services  

   PART 8--REGISTRATION AND DESIGNATED OFFICERS

   74.     Registration as an ART provider  
   75.     Authority may impose conditions on registration  
   76.     Suspension of registration  
   77.     Immediate suspension of registration  
   78.     Offence of failing to notify authority if RTAC accreditation no longer held  
   79.     Notification to Minister  
   80.     Designated officers for registered ART providers  
   81.     Authority to keep list  

   PART 9--PATIENT REVIEW PANEL

   82.     Establishment of Panel  
   83.     Constitution of Panel  
   85.     Functions of Panel  
   86.     Chairperson and deputy chairpersons  
   87.     Acting chairperson  
   87A.    Other members  
   88.     Payment of members  
   89.     Notice of hearing  
   90.     Conduct of hearing  
   91.     Decision by Patient Review Panel  
   92.     Written reasons for decisions  
   93.     Effect of vacancy or defect  
   94.     Immunity  
   95.     Evidence  
   96.     Reviewable decisions  
   97.     Who may apply for review  
   98.     When application must be made  

   PART 10--VICTORIAN ASSISTED REPRODUCTIVE TREATMENT AUTHORITY

   99.     Establishment of Authority  
   100.    Powers, functions, duties and consultation requirements  
   100A.   Guidelines  
   100B.   Directions  
   101.    Membership  
   102.    Terms of office  
   103.    Resignation and removal  
   104.    Chairperson and deputy chairperson  
   105.    Acting member  
   106.    Payment of members  
   107.    Procedure of Authority  
   108.    Effect of vacancy or defect  
   109.    Member's interests  
   110.    Immunity  
   111.    Engagement or employment of persons  
   112.    Delegation  
   113.    Committees  
   114.    Report to Minister  
   115.    Victorian Assisted Reproductive Treatment Authority Fund  
   116.    Investment powers  

   PART 11--GENERAL

   117.    No action if gametes used without knowing consent withdrawn or lapsed  
   118.    Identity cards  
   119.    Powers and duties of members of Authority to inspect documents  
   120.    Offence to obstruct or hinder  
   121.    Prohibition on destruction of or tampering with documents  
   121A.   Records identifying donor treatment procedure participants to be kept  
   122.    Requirements if registered ART provider ceases to operate  
   123.    Indictable offences  

   PART 12--REGULATIONS

   124.    Regulations  
   125.    Application etc of regulations  

   PART 13--REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS

   126.    Repeal  
   127.    Definitions  
   128.    References to repealed Act etc  
   129.    Consents  
   130.    Registers  
   131.    Licence holders  
   132.    Authority  
   133.    Applications  
   135.    Continued operation of Infertility Treatment Regulations  
   136.    Definitions  
   137.    Validation of storage of certain gametes past expiry  
   138.    Validation of storage of certain embryos past expiry  
   139.    Continuation of the Patient Review Panel  
   140.    Initial provision of information on register of pre‑1988 donor treatment procedures  
   141.    Registrar must provide Authority with copy of Central Register  
   142.    Applications  
   143.    Lodgement of contact preferences  
   144.    Continuation of Central Register  
   145.    Continuation of Voluntary Register  
   146.    Transitional regulation-making powers—Assisted Reproductive Treatment Amendment Act 2016  
   147.    Repeal of transitional regulation-making powers—Assisted Reproductive Treatment Amendment Act 2016  
           ENDNOTES


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