Victorian Repealed Acts

This legislation has been repealed.

Infertility Treatment Act 1995 - SECT 78

Authority to give information about parents

78. Authority to give information about parents



(1) On receiving an application for information under section 76(1)(c) the
Authority must give, in writing, any such information recorded in the central
register to the applicant, if the Authority is satisfied that the applicant
has been offered counselling about the potential consequences of the
disclosure of that information from a counsellor who has been approved under
Part 8 to give counselling to persons applying for information under section
76.





(2) On receiving an application for information under section 76(1)(d) the
Authority must give, in writing, any such information recorded in the central
register about a parent to the applicant-

   (a)  if the person has first consented to the giving of that information;
        and

   (b)  if information would also identify the person born as the result of a
        donor treatment procedure and the person is over 18 years of age, that
        person has consented to the giving of that information; and

   (c)  if information will or may also identify the other parent, that parent
        has also consented to the giving that information; and

   (d)  if the information is given in accordance with any conditions or
        limitations imposed by each person who has consented; and

   (e)  if the Authority is satisfied that the applicant has received
        counselling about the potential consequences of the disclosure of the
        information from a counsellor who has been approved under Part 8 to
        give counselling to persons applying for information under section 76.

(3) The Authority must make reasonable efforts to find a person whose consent
is required under subsection (2).

(4) Before seeking consent to the giving of information to an applicant under
subsection (2), the Authority must advise a person whose consent is required
that he or she may need counselling and provide the person with the names of
counsellors approved under Part 8 to give counselling to a person in respect
of whom an application has been made under 76.

(5) If a person consents to the giving of the information under subsection
(2), before the information is given the Authority must make reasonable
efforts to advise that person that the information is about to be given.