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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Infertility Treatment (Amendment) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Spousal consent 2
5. Use of embryos formed from gamete of a person who has died 3
6. New Part 7A inserted 3
PART 7A--PRE-1 JULY 1988 PROCEDURE
INFORMATION 3
92A. Definitions 3
92B. Application of Part 4
92C. Recording of pre-1 July 1988 information 4
92D. Release of information 6
92E. Request for release of information 6
92F. Authority to comply with wishes of person who
provided information 6
92G. Authority may give information 7
92H. Counselling waived in certain circumstances 8
92I. Offences 8
ENDNOTES 9
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PARLIAMENT OF VICTORIA
Initiated in Council 18 September 2001
A BILL
to make various amendments to the Infertility Treatment Act 1995
and for other purposes.
Infertility Treatment (Amendment) Act
2001
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to make various
amendments to the Infertility Treatment Act
1995 to provide for--
5 (a) the removal of the requirement for a spouse's
consent in limited circumstances where the
couple is no longer living together on a
genuine domestic basis;
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Infertility Treatment (Amendment) Act 2001
s. 2
Act No.
(b) the use of embryos formed from gametes of a
person who has died;
(c) voluntary inclusion on the donor treatment
procedure information Register of
5 information related to donations and
treatment procedures undertaken prior to
1 July 1988 and for the release of that
information.
2. Commencement
10 This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Principal Act
See:
In this Act, the Infertility Treatment Act 1995 is Act No.
called the Principal Act. 63/1995.
Reprint No. 1
as at
1 January
1998
and
amending
Act Nos
12/1998,
46/1998,
52/1998,
74/2000 and
2/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
15 4. Spousal consent
(1) In section 13(2) of the Principal Act--
(a) in paragraph (b), for "divorce" substitute
"cease to live together as husband and wife
on a genuine domestic basis";
20 (b) in paragraph (c), for "that divorce"
substitute "the donor and that spouse have
ceased to live together as husband and wife
on a genuine domestic basis".
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Infertility Treatment (Amendment) Act 2001
s. 5
Act No.
(2) In section 13 of the Principal Act, for sub-section
(3) substitute--
"(3) Despite sub-section (1), the consent of the
spouse of a donor is not required where the
5 donor and that spouse are no longer living
together as husband and wife on a genuine
domestic basis.".
(3) In section 15 of the Principal Act, for sub-section
(5) substitute--
10 "(5) An objection by a spouse of a donor
(whether married or living together in a de
facto relationship) lapses if the donor and
that spouse are no longer living together as
husband and wife on a genuine domestic
15 basis.".
(4) In section 18(3) of the Principal Act, after
"married to the donor" insert "and living together
as husband and wife on a genuine domestic basis".
(5) In section 19(4) of the Principal Act, after
20 "married to the donor" insert "and living together
as husband and wife on a genuine domestic basis".
5. Use of embryos formed from gamete of a person who
has died
In section 43 of the Principal Act, paragraph (c) is
25 repealed.
6. New Part 7A inserted
After Part 7 of the Principal Act insert--
'PART 7A--PRE-1 JULY 1988 PROCEDURE
INFORMATION
30 92A. Definitions
In this Part--
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s. 6
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"counsellor" means a person approved
under Part 8 to give counselling to
persons applying for information under
this Part;
5 "pre-1 July 1988 donor" means a donor
whose gamete, zygote or embryo was
used in a pre-1 July 1988 treatment
procedure;
"pre-1 July 1988 information" means
10 information relating to--
(a) a pre-1 July 1988 donor; or
(b) a pre-1 July 1988 treatment
procedure;
"pre-1 July 1988 treatment procedure"
15 means a treatment procedure or
artificial insemination carried out
before 1 July 1988;
"Register" means the donor procedure
treatment information Register
20 established and maintained under
section 82.
92B. Application of Part
(1) This Part applies despite Part 7 and section
181(9).
25 (2) Sections 89 and 90 do not apply to the
release of information under this Part.
92C. Recording of pre-1 July 1988 information
(1) The Authority must establish in the Register
a separate part relating to pre-1 July 1988
30 information.
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(2) There shall be entered in the part of the
Register relating to pre-1 July 1988
information--
(a) the names and addresses of persons,
5 including--
(i) persons born as a result of
pre-1 July 1988 treatment
procedures;
(ii) the descendants of persons born as
10 a result of pre-1 July 1988
treatment procedures;
(iii) pre-1 July 1988 donors;
(iv) women who have undergone
pre-1 July 1988 treatment
15 procedures and their husbands;
and
(v) the relatives of persons described
in this section--
who have requested the Authority in
20 writing to so enter their names and
addresses; and
(b) in relation to each person so registered,
the wishes of the person in relation to--
(i) obtaining information about
25 another person whose name is, or
may in the future be, entered in
the Register; or
(ii) another person whose name is, or
may in the future be, entered in
30 the Register obtaining information
about him or her.
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(3) The Authority must not enter information on
the part of the Register relating to pre-1 July
1988 information if the request to enter the
information is made by a person who is
5 under 18 years of age.
92D. Release of information
The Authority may release information from
the part of the Register relating to pre-1 July
1988 information in accordance with this
10 Part.
92E. Request for release of information
Any person--
(a) who requests the Authority in writing
to enter his or her name in the part of
15 the Register relating to pre-1 July 1988
information; or
(b) whose name is entered in the part of the
Register relating to pre-1 July 1988
information--
20 may request the Authority to provide
information from that part of the Register
about another person whose name is, or may
in the future be, entered in that part of the
Register.
25 92F. Authority to comply with wishes of person
who provided information
The Authority may only release information
about a person from the part of the Register
relating to pre-1 July 1988 information in
30 accordance with the wishes of that person
entered in that part of the Register.
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Infertility Treatment (Amendment) Act 2001
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Act No.
92G. Authority may give information
(1) The Authority may, in writing, give
information entered in the part of the
Register relating to pre-1 July 1988
5 information to a person who has made a
request under section 92E if--
(a) in the case of information from which a
person will or may be identified, the
Authority is satisfied that--
10 (i) the person to whom the
information is to be given; and
(ii) the person who requested the
information be entered on the
Register--
15 have received counselling about the
potential consequences of the
disclosure of that information from a
counsellor; and
(b) in the case of information other than
20 information from which a person will
or may be identified, the Authority is
satisfied that--
(i) the person to whom the
information is to be given; and
25 (ii) the person who requested the
information be entered on the
Register--
have been offered counselling about the
potential consequences of the
30 disclosure of that information from a
counsellor.
(2) The Authority must not release information
under sub-section (1) to a person who is
under 18 years of age.
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Infertility Treatment (Amendment) Act 2001
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Act No.
92H. Counselling waived in certain
circumstances
The Authority may waive a requirement for
counselling under section 92G if--
5 (a) a person who is required under that
section to receive counselling is dead;
or
(b) the Authority is satisfied that a person
who is required under that section to
10 receive counselling is unable to be
found; or
(c) the Authority is satisfied that
counselling is not appropriate in the
particular circumstances.
15 92I. Offences
(1) Any person who is, or has been a member of
the Authority, or employed or engaged to
assist the Authority to carry out its functions
must not release information from the part of
20 the Register relating to pre-1 July 1988
information except in accordance with this
Part.
Penalty: 50 penalty units.
(2) A person who gives any information under
25 this Part must keep a record of--
(a) the person to whom the information has
been given; and
(b) the information given.
Penalty: 50 penalty units.'.
30
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Infertility Treatment (Amendment) Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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