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ASSISTED REPRODUCTIVE TREATMENT ACT 2008 - SECT 62

Notice to be given of intended disclosure

    (1)     If the Authority intends to disclose under this Division identifying information relating to a person (other than a pre-1998 donor or a person born as a result of a donor treatment procedure), the Authority must make all reasonable efforts to give notice of the intended disclosure to that person.

    (2)     If the Authority intends to disclose identifying information under this Division relating to a pre‑1998 donor, the Authority must make all reasonable efforts to inform the donor that—

        (a)     an application for the disclosure of the donor's identifying information has been made by—

              (i)     a person born as a result of a donor treatment procedure; or

              (ii)     the parent of a person born as a result of a donor treatment procedure; or

              (iii)     a person who is descended from a person born as a result of a donor treatment procedure; and

        (b)     the donor may lodge with the Authority a contact preference under section 63C; and

        (c)     the donor may undergo counselling by a counsellor on behalf of the Authority before the donor lodges a contact preference.

    (3)     If the Authority intends to disclose identifying information under this Division relating to a person born as a result of a donor treatment procedure, the Authority must make all reasonable efforts to inform that person or, if the person is a child, the person's parent or guardian—

        (a)     that an application for the disclosure of the person's identifying information has been made by the donor whose gametes were used in the donor treatment procedure; and

        (b)     that the person born as a result of a donor treatment procedure or, if the person is a child, the person's parent or guardian, may lodge with the Authority a contact preference under section 63I; and

        (c)     that the person or, if the person is a child, the person's parent or guardian, may undergo counselling by a counsellor on behalf of the Authority before a contact preference is lodged.

Pt 6 Div. 3A (Heading) inserted by No. 6/2016 s. 23.

Division 3A—Disclosure and contact preferences for pre-1998 donors

S. 63 amended by No. 58/2014 s. 14, substituted by No. 6/2016 s. 23.



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