ASSISTED REPRODUCTIVE TREATMENT ACT 2008
Table of Provisions
PART 1--PRELIMINARY
- 1 Purposes
- 2 Commencement
- 3 Definitions
- 4 Interpretation of references to procedures and treatment
- 5 Guiding principles
- 6 Act to bind the Crown
PART 2--TREATMENT PROCEDURES
Division 1--General
- 7 Assisted reproductive treatment
- 8 Artificial insemination
- 9 Section 8 not applicable to self-insemination
Division 2--General requirements for treatment procedures
- 10 Persons who may undergo treatment procedures
- 11 Requirements as to consent
- 13 Counselling
- 15 Application for review
Division 3--Requirements for donors
- 16 Donation of gametes or an embryo
- 17 Requirements as to consent
- 18 Counselling requirements
- 19 Requirements as to the giving and receiving of information
Division 4--Provisions about consent
- 20 Withdrawal of consent
- 20A Consent to treatment procedure taken to be withdrawn on separation
- 21 Lapsing of consent
- 22 Record of consent, withdrawal of consent and notice of separation
- 23 Transfer of documents
- 24 Information about transfer of donated gametes or an embryo
Division 5--Requirements for donor treatment procedures
- 25 Information and advice
PART 3--OFFENCES RELATING TO USE AND STORAGEOF GAMETES AND EMBRYOS AND OTHER MATTERS
Division 1--Prohibited procedures
- 26 Procedures involving gametes produced by children
- 27 Ban on certain procedures
- 28 Ban on sex selection
- 29 Ban on using donated gametes to produce more than 10 families
- 30 Ban on destructive research on embryos created for treatment purposes
Division 2--Storage
- 30A Meaning of responsible person
- 31 Storing gametes
- 31A Panel may approve longer or further storage period
- 31B Time for removal of gametes from storage
- 32 Prohibition on storing embryos except in particular circumstances
- 33 Storing embryos for later transfer
- 33A Patient Review Panel may approve longer or further storage of embryos
- 34 Removal of embryos from storage
- 34A Time for removal of embryos from storage
Division 3--General offences in relation to gametes and embryos
Division 4--Offence in relation to giving information
- 38 False or misleading information
PART 4--SURROGACY
- 39 Certain surrogacy arrangements to require approval of Patient Review Panel
- 40 Matters to be considered by Patient Review Panel in deciding application for approval of surrogacy arrangement
- 41 Patient Review Panel may approve non-complying surrogacy arrangement in exceptional circumstances
- 42 Application of general requirements for treatment to surrogacy arrangement
- 43 Counselling and legal information
- 44 Surrogacy costs
- 44A Rights of surrogate mother in relation to pregnancy and birth
- 45 Prohibition on certain publications
PART 5--POSTHUMOUS USE OF GAMETES
- 46 Requirements for posthumous use of gametes or an embryo in treatment provided by a registered ART provider
- 47 Approval by Patient Review Panel
- 48 Counselling
PART 6--REGISTERS AND ACCESS TO INFORMATION
Division 1--Registers kept by registered ART providers and doctors
- 49 Register to be kept by registered ART providers
- 49A Register of pre-1988 donor treatment procedures to be kept by registered ART provider
- 50 Register to be kept by doctor carrying out artificial insemination
- 51 Information to be given to the Authority by registered ART providers
- 52 Information to be given to Authority by doctors
- 52AA Information to be given to the Registrar by the Authority
- 52A Information to be given to Authority by registered ART provider—register of pre‑1988 donor treatment procedures
- 52B Information may be given to Authority by persons other than registered ART providers—pre-1988 donor treatment procedures
- 53 Authority to keep a Central Register
- 54 Authority to correct Central Register on request
- 54A Authority to correct or include information on Central Register without request
- 55 Information recorded by registered ART providers that is to be given to donors
- 55A Information recorded by doctors that is to be given to donors
Division 3--Disclosure of information on Central Register
- 56 Application for information on Central Register
- 56A Application relating to person born as a result of pre-1988 donor treatment procedure—access to public records
- 56B Authority may request records—pre-1988 donor treatment procedures
- 56C Offence to disclose that Authority has requested records—pre-1988 donor treatment procedures
- 56D Authority may apply to Magistrates' Court for production order
- 56E Hearing of application for production order
- 56F Magistrates' Court may make production order
- 56G Expiry of production order
- 56H Failure to comply with production order
- 56I Medical professional privilege, contravention of ethics not a reasonable excuse
- 56J Authority may request additional information in order to identify pre-1998 donor
- 56K Offence to disclose that Authority has requested additional information relating to donor or donor treatment procedures
- 56L Authority may request genetic test results of suspected donor
- 56M Authority may request genetic test results of relative of suspected donor
- 56N Authority to be satisfied of relationship before disclosing information
- 57 Disclosure of information that does not identify a person
- 58 Disclosure of information to parent of person born as a result of donor treatment or donor
- 59 Disclosure of information to persons born as a result of a donor treatment procedure
- 60 Disclosure of information to persons descended from persons born as a result of donor treatment procedure
- 60A Application for information on Central Register about donor siblings
- 61 Requirement for counselling
- 62 Notice to be given of intended disclosure
Division 3A--Disclosure and contact preferences for pre-1998 donors
- 63 Disclosure of information if pre-1998 donor deceased or not located
- 63A Information leading to location of donor
- 63B Time limit for disclosure of identifying information about pre-1998 donors
- 63C Contact preference for pre-1998 donors
- 63D Duration of contact preferences lodged by pre-1998 donors
- 63E Amendment of contact preferences lodged by pre‑1998 donors
- 63F Withdrawal of contact preferences lodged by pre‑1998 donors
- 63G Undertaking required from applicant for identifying information relating to pre-1998 donors
- 63H Applications from children for information relating to pre‑1998 donors
Division 3B--Contact preferences for persons born as a result of a donor treatment procedure
- 63I Contact preferences for persons born as a result of a donor treatment procedure—application for disclosure
- 63J Form of contact preference
- 63K Duration of contact preferences for person born as a result of donor treatment procedure
- 63L Duration of contact preferences lodged by parent or guardian of person born as a result of donor treatment procedure
- 63M Amendment of contact preferences lodged in relation to persons born as a result of a donor treatment procedure
- 63N Withdrawal of contact preferences lodged in relation to persons born as a result of a donor treatment procedure
- 63O Undertaking required from applicant for identifying information relating to person born as a result of a donor treatment procedure
Division 4--General provisions
- 64 Information
- 65 Disclosure of information to doctor
- 66 Records of information disclosed
- 66A Confidentiality of information on the Central Register
- 66B Confidentiality of other information provided to the Authority under this Part
- 66C Confidentiality of information on the Central Register disclosed by the Authority
- 67 Consent
- 67A Counselling under this Part
- 67B Authorisation of organisations
- 68 Exemption from Freedom of Information Act 1982
PART 6A--ACCESS TO CERTAIN KINDS OF MEDICAL INFORMATION
- 68A Application of Part
- 68B Registered ART provider may disclose medical information
- 68C Disclosure of medical information
- 68D Disclosure of information from Central Register to registered ART provider
- 68E Registered ART provider not required to disclose medical information under this Part
PART 7--VOLUNTARY REGISTER AND DONOR‑LINKING
Division 1--Voluntary Register
- 69 Application of Part
- 70 Authority to keep Voluntary Register
- 71 Information and matter to be entered in Voluntary Register
- 72 Disclosure of information
- 73 Requirement for counselling
- 73A Counselling under this Part
Division 2--Donor-linking
PART 8--REGISTRATION AND DESIGNATED OFFICERS
Division 1--Registration as an ART provider
Division 2--General provisions about registrations
- 76 Suspension of registration
- 77 Immediate suspension of registration
- 78 Offence of failing to notify authority if RTAC accreditation no longer held
- 79 Notification to Minister
Division 3--Designated officers
Division 4--List of registered ART providers
PART 9--PATIENT REVIEW PANEL
Division 1--Constitution and procedures of Patient Review Panel
- 82 Establishment of Panel
- 83 Constitution of Panel
- 85 Functions of Panel
- 86 Chairperson and deputy chairpersons
- 87 Acting chairperson
- 87A Other members
- 88 Payment of members
- 89 Notice of hearing
- 90 Conduct of hearing
- 91 Decision by Patient Review Panel
- 92 Written reasons for decisions
- 93 Effect of vacancy or defect
- 94 Immunity
- 95 Evidence
Division 2--Review of Patient Review Panel's decisions
PART 10--VICTORIAN ASSISTED REPRODUCTIVE TREATMENT AUTHORITY
Division 1--Constitution of the Authority
- 99 Establishment of Authority
- 100 Powers, functions, duties and consultation requirements
- 100A Guidelines
- 100B Directions
- 101 Membership
- 102 Terms of office
- 103 Resignation and removal
- 104 Chairperson and deputy chairperson
- 105 Acting member
- 106 Payment of members
- 107 Procedure of Authority
- 108 Effect of vacancy or defect
- 109 Member's interests
- 110 Immunity
- 111 Engagement or employment of persons
- 112 Delegation
- 113 Committees
Division 2--Reporting and financial provisions
- 114 Report to Minister
- 115 Victorian Assisted Reproductive Treatment Authority Fund
- 116 Investment powers
PART 11--GENERAL
- 117 No action if gametes used without knowing consent withdrawn or lapsed
- 118 Identity cards
- 119 Powers and duties of members of Authority to inspect documents
- 120 Offence to obstruct or hinder
- 121 Prohibition on destruction of or tampering with documents
- 121A Records identifying donor treatment procedure participants to be kept
- 122 Requirements if registered ART provider ceases to operate
- 123 Indictable offences
PART 12--REGULATIONS
- 124 Regulations
- 125 Application etc of regulations
PART 13--REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS
Division 1--Repeal
- 126 Repeal
Division 2--Transitional provisions
- 127 Definitions
- 128 References to repealed Act etc
- 129 Consents
- 130 Registers
- 131 Licence holders
- 132 Authority
- 133 Applications
Division 3--Savings provision
- 135 Continued operation of Infertility Treatment Regulations
Division 4--Transitional provisions--Assisted Reproductive Treatment Amendment Act 2013
- 136 Definitions
- 137 Validation of storage of certain gametes past expiry
- 138 Validation of storage of certain embryos past expiry
- 139 Continuation of the Patient Review Panel
Division 5--Transitional provisions--Assisted Reproductive Treatment Further Amendment Act 2014
- 140 Initial provision of information on register of pre‑1988 donor treatment procedures
Division 6--Transitional provisions--Assisted Reproductive Treatment Amendment Act 2016
- 141 Registrar must provide Authority with copy of Central Register
- 142 Applications
- 143 Lodgement of contact preferences
- 144 Continuation of Central Register
- 145 Continuation of Voluntary Register