ASSISTED REPRODUCTIVE TREATMENT ACT 2008

Victorian Consolidated Legislation

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ASSISTED REPRODUCTIVE TREATMENT ACT 2008

No. 76 of 2008
Version incorporating amendments as at 22 June 2011

TABLE OF PROVISIONS

Section Page

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
12. Child protection order check
13. Counselling
14. Presumption against treatment
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
21. Lapsing of consent
22. Record of consent and withdrawal of consent
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 STORAGE
OF 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

31. Storing gametes
32. Prohibition on storing embryos except in particular
circumstances
33. Storing embryos for later transfer
34. Removal of embryos from storage

Division 3-General offences in relation to gametes and embryos

35. Formation of embryos
36. Moving donated gametes and embryos into and out of Victoria
37. Exemption

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
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
50. Register to be kept by doctor carrying out artificial insemination
51. Information to be given to the Registrar by registered ART providers
52. Information to be given to Registrar by doctors
53. Registrar to keep a Central Register
54. Registrar to correct Central Register

Division 2-Information to be given by registered ART providers

55. Information recorded by registered ART providers that is to be given to donors

Division 3-Disclosure of information on Central Register

56. Application for information on Central Register
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 donor treatment procedure
60. Disclosure of information to persons descended from persons born as a result of donor treatment procedure
61. Requirement for counselling
62. Notice to be given of intended disclosure
63. Disclosure of information to Authority

Division 4-General provisions

64. Information
65. Disclosure of information to doctor
66. Records of information disclosed
67. Consent
68. Exemption from Freedom of Information Act 1982.

PART 7-VOLUNTARY REGISTER

69. Application of Part
70. Registrar to keep Voluntary Register
71. Information to be recorded in Voluntary Register
72. Disclosure of information
73. Requirement for counselling

PART 8-REGISTRATION AND DESIGNATED OFFICERS

Division 1-Registration as an ART provider

74. Registration as an ART provider
75. Authority may impose conditions on registration

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

80. Designated officers for registered ART providers

Division 4-List of registered ART providers

81. Authority to keep list

PART 9-PATIENT REVIEW PANEL

Division 1-Constitution and procedures of Patient Review Panel

82. Establishment of Panel
83. Constitution of Panel
84. List of approved names
85. Functions of Panel
86. Chairperson and deputy chairperson
87. Removal of name from approved list
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

96. Reviewable decisions
97. Who may apply for review
98. When application must be made

PART 10-VICTORIAN ASSISTED REPRODUCTIVE TREATMENT AUTHORITY

Division 1-Constitution of the Authority

99. Establishment of Authority
100. Powers, functions, duties and consultation requirements
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 documents
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
134. Repealed

Division 3-Savings provision

135. Continued operation of Infertility Treatment Regulations

PART 14-Repealed

136-148 Repealed

PART 15-AMENDMENTS TO BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996.

149. Purposes
150. Definitions
151. Registrar's general functions
152. Registration of parentage details
153. New sections 17A and 17B.
registration of partner
154. New section 19A.

PART 16-CONSEQUENTIAL AMENDMENTS OF OTHER
ACTS

Division 1-Amendment of Freedom of Information Act 1982.

155. Document affecting personal privacy

Division 2-Amendment of Magistrates' Court Act 1989.

156. Amendment of Schedule 4.

Division 3-Amendment of Public Health and Wellbeing Act 2008.

157. Tissue donations
158. Definition of Secretary

Division 4-Amendment of Victorian Civil and Administrative Tribunal Act 1998.

159. Amendment of Schedule 1.

PART 2A-ASSISTED REPRODUCTIVE TREATMENT ACT 2008.
_______________
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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