Victorian Current Acts Victorian Current Acts(1) This section applies if—
(a) an application has been made under section 56(1) by a person born as a result of a pre-1998 donor treatment procedure; and
(b) the Authority reasonably believes that a person whose name is entered on the Central Register as a donor may be the donor of gametes used in the procedure; and
(c) the Authority has—
(i) made a request under section 56L(2) of the person whose name is entered on the Central Register; or
(ii) made all reasonable efforts to locate the person whose name is entered on the Central Register for the purposes of making a request under section 56L(2).
(2) Subject to subsection (3), the Authority may, for the purposes of establishing a genetic link between the person whose name is entered on the Central Register and the applicant, request that an adult blood relative of the person whose name is entered on the Central Register—
(a) undergo genetic testing at a place specified by the Authority; and
(b) consent to the comparison of the results of the genetic testing described in paragraph (a) with a DNA profile or genetic test results relating to the applicant; and
(c) consent to the results of the comparison described in paragraph (b) being given to the Authority.
(3) The Authority may make a request under subsection (2) only if—
(a) the person whose name is entered on the Central Register is deceased; or
(b) the person whose name is entered on the Central Register is considered to be a missing person by Victoria Police, the police force of any other State or a territory or the Australian Federal Police; or
(c) the Authority considers that there are exceptional circumstances that justify making a request under subsection (2) in the particular case.
(4) If the Authority intends to make a request under subsection (2) on the basis that there are exceptional circumstances that justify making the request, the Authority must make all reasonable efforts to give notice of the intended request to the person whose name is entered on the Central Register.
(5) If a person is given notice under subsection (4) of an intended request, that person may apply to VCAT for a review of the decision of the Authority to make the intended request.
(6) An application to VCAT must be made—
(a) if the person does not request reasons for the decision under section 45 of the Victorian Civil and Administrative Tribunal Act 1998 , within 28 days of receiving the notice under subsection (4); or
(b) if the person does request reasons for the decision under section 45 of the Victorian Civil and Administrative Tribunal Act 1998 , within 28 days of receiving the written reasons under that Act.
(7) If notice of an intended request is given under subsection (4), the Authority may make that request only if—
(a) the person does not apply for a review of the decision of the Authority to make the intended request within the period set out in subsection (6)(a) or (b); or
(b) VCAT has reviewed the Authority's decision to make the intended request and has confirmed the Authority's decision.
S. 56N inserted by No. 6/2016 s. 15.