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ASSISTED REPRODUCTIVE TREATMENT ACT 2008 - SECT 63C Contact preference for pre-1998 donors

ASSISTED REPRODUCTIVE TREATMENT ACT 2008 - SECT 63C

Contact preference for pre-1998 donors

    (1)     If an application is made for the disclosure of identifying information about a pre-1998 donor, the donor may lodge with the Authority either or both of the following—

        (a)     a written statement setting out the donor's wishes about being contacted by the applicant for the disclosure of the information;

        (b)     a written statement setting out the donor's wishes about the donor's child being contacted by the applicant for the disclosure of the donor's information.

    (2)     A contact preference lodged under subsection (1) must be in the form approved by the Secretary.

    (3)     A contact preference lodged under subsection (1) must be lodged with the Authority before the first day on which there is contact between the donor and the applicant to whom the contact preference relates.

    (4)     A contact preference lodged under subsection (1)(a) may state either that—

        (a)     the pre-1998 donor does not wish to be contacted by the applicant; or

        (b)     the donor wishes any contact with the applicant to occur only in a specified way.

    (5)     A contact preference lodged under subsection (1)(b) may state either that—

        (a)     the pre-1998 donor does not wish the child to be contacted by the applicant; or

        (b)     the donor wishes any contact between the child and the applicant to occur only in a specified way.

    (6)     If a pre-1998 donor lodges a contact preference under subsection (1)(b), the Authority may—

        (a)     have regard to the child's wishes in relation to the lodgement of the contact preference; and

        (b)     if the child's wishes in relation to the lodgement are different from the pre‑1998 donor's, comply with the donor's wishes only if the Authority considers it reasonable in the circumstances.

    (7)     The Authority must give the applicant a copy of a contact preference lodged under subsection (1) as soon as practicable after it is lodged with the Authority.

    (8)     The Authority must maintain records of contact preferences lodged under subsection (1).

S. 63D inserted by No. 6/2016 s. 23.