Victorian Current Acts Victorian Current Acts(1) This section applies if—
(a) an applicant under section 56(1) requests information relating to a person born as a result of a pre-1988 donor treatment procedure; and
(b) records relating to the donor treatment procedure are not among records from Prince Henry's Institute of Medical Research in the custody of the Public Record Office.
(2) If the Authority believes on reasonable grounds that a person (other than a registered ART provider) is in possession of or has control of records relating to the donor treatment procedure, the Authority may, subject to subsection (3), request the person to locate and give the records to the Authority.
(3) The Authority must not request records under this section from a child of a donor unless—
(a) the donor consents to the Authority making the request; or
(b) the child has previously initiated contact with the Authority.
(4) A request under subsection (2) must be in writing and must set out the requirements of this section.
(5) A person who receives a request under subsection (2) must, within 60 days of receiving the request—
(a) make all reasonable efforts to locate the requested records; and
(b) provide a written declaration to the Authority stating—
(i) that the person has made all reasonable efforts to locate the requested records; and
(ii) whether the person is in possession of or has control of the requested records.
(6) If the declaration states that the person is in possession of or has control of the requested records, the person must, within 21 days after providing the declaration—
(a) give the records to the Authority; or
(b) give copies of the records to the Authority.
(7) A person is not liable for prosecution for an offence, or to a civil action, only for giving records, or copies of records, to the Authority under subsection (6).
S. 56C inserted by No. 6/2016 s. 15.