Commonwealth Consolidated Regulations

FAMILY LAW REGULATIONS 1984 - REG 21I

         (1)   If a bodily sample is taken from a donor, the sampler must ensure that:

                (a)    the sample is placed in a container:

                          (i)    immediately after it is taken; and

                         (ii)    in the presence of the donor; and

               (b)    the container has not previously been used for any purpose; and

                (c)    the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container; and

               (d)    the container is labelled in a way that:

                          (i)    if the label, or any part of the label, were removed; or

                         (ii)    if writing on the label were impaired by alteration or erasure;

                        the removal of the label, or the impairment, would be evident on inspection of the container; and

                (e)    the particulars on the label are inscribed in ink and include:

                          (i)    the full name of the donor; and

                         (ii)    the date of birth and the sex of the donor; and

                         (iii)    the date and time at which the sample was taken; and

                (f)    when paragraph (e) is complied with -- the sampler and the donor sign the label, in ink.

         (2)   If the donor is a child under the age of 18 years:

                (a)    the procedure specified in paragraph (1) (a) must be completed in the presence of the person who is responsible for the long‑term care, welfare and development of the child; and

               (b)    the procedure specified in paragraph (1) (f) is taken to be satisfied only if the person who is responsible for the long‑term care, welfare and development of the child signs the label.

         (3)    If the donor is a person who is suffering from a mental disability:

                (a)    the procedure specified in paragraph (1) (a) must be completed in the presence of:

                          (i)    a trustee or manager in relation to the person under a law of the State or Territory whose laws apply to the person; or

                         (ii)    a person who is responsible for the care, welfare and development of the person suffering from a mental disability; and

               (b)    the procedure specified in paragraph (1) (f) is taken to be complied with only if the label is signed:

                          (i)    by a trustee or manager in relation to the person under a law of the State or Territory whose laws apply to the person; or

                         (ii)    by a person who is responsible for the care, welfare and development of the person suffering from a mental disability.