DCSG | Legislation

NSW Legislation

The Assisted reproductive technology Act 2007

The writing of the regulations to go with this Act is being done (commencing in July 2008) by the Legal Branch of the NSW Health Department.

The regulations will outline exactly how the Act will work and so how they are written is of extreme importance especially in the area of the Registers. The Act is quite general in some areas especially in that it does not refer to a voluntary register (a register for already existing donor conceived people) by name and just states:

(2) Despite subclause (1), the Director-General may enter in the register, in

accordance with section 33, information that relates to ART treatment

provided before the commencement of that section, if the individual to

whom the information relates makes an application for registration of

the information in the approved form.

The DCSG has already written to the Legal Branch outlining some of the issues that we feel need special attention in the writing of the regulations. We have also been informed that we will be sent a copy of the Draft Regulations when they are complete. Any member of the DCSG or the general public is allowed to make a submission or a comment about these regulations to the Legal Branch.

Contact Details for the Legal Branch of the NSW Health Department

The person in charge of writing the Regulations is Gemma Broderick gemma.broderick@doh.health.nsw.gov.au

Legal Branch
NSW Department of Health
Locked Mail Bag 961
North Sydney NSW 2059
DX 10674 North Sydney
phone: (02)9391-9606
fax: (02) 9391-9604
email: legalmail@doh.health.nsw.gov.au

SA Reproductive Technology Amendment Bill 2008.

A rewrite of South Australian Legislation was introduced to Parliament late last year

Part 3 of the Reproductive Technology (Clinical Practices) (Miscellaneous) Amendment Bill 2008 is about a donor conception register and it states:

15—Donor conception register

(1) The Minister may keep a register of donors of human reproductive

material used in, or in relation to, assisted reproductive treatment

provided in accordance with this Act and resulting in the birth of a

child (the donor conception register ).

But then at the end of that section it also states:

(8) This section does not apply in relation to assisted reproductive

treatment provided before the commencement of this section.

What this is saying in brief is that the SA Government may introduce a register at some future time BUT it will not be available for anyone born before this Act comes into force. Everyone must write to their local MPs and demand that the Act be rewritten to include a register for ALL donor conceived people.

If you have any questions about donor conception legislation please contact Caroline at dcsg@optusnet.com.au

Human Rights Enquiry

The National Human Rights Consultation provides the opportunity for you to share your views on human rights. The Consultation is run by an independent Committee. The Committee is supported by a Secretariat in the Attorney-General's Department.

The Consultation is a chance to hear people's ideas about human rights and talk about ways to protect and promote human rights in the future.

Key Consultation Questions

Which human rights and responsibilities should be protected and promoted?
Are human rights sufficiently protected and promoted?
How could Australia better protect and promote human rights?

You can share your views by making a written submission either online or by post. You can also attend a community roundtable discussion.

Your views and ideas will be documented in a report to the Government. The Government will then consider the report which will help the development of future human rights policy for Australia .

This Enquiry has now closed but submissions may be viewed by clicking on the link below

Go to http://www.humanrightsconsultation.gov.au/

Victorian Assisted Reproductive Technology Bill 2008.

The Assisted Reproductive Treatment Act was passed through the Victorian Parliament in December of last year. Unfortunately the important amendments which our group supported were not passed although most of them were only narrowly defeated.

In regards to the rights of donor conceived people born before 1998 who have no rights to information under the new Act a statement was made in the Legislative Council by Mr Gavin Jennings on 4 th December 2008. The statement was as follows:

A number of people have raised concerns that people conceived using gametes donated before 1998 in Victoria cannot access information about their genetic origins on the same basis as those conceived using gametes donated since 1998. There are concerns that this may affect the health and wellbeing of some donor-conceived people.

The government would like to further consider the appropriateness of the current arrangements.

The government proposes to refer issues associated with providing donor-conceived people with more access to information about their genetic origins to the Law Reform Committee of the Parliament. The government will ask the Law Reform Committee to consider and advise on:

(a) the legal, practical and other issues that would arise if all donor-conceived people we re given access to identifying information about their donors and their donor-conceived siblings, regardless of the date that the donation was made; and

(b) the legal, practical and other issues that would arise if the birth certificates of donor-conceived people indicated their generic origins.

Unfortunately no formal motion was made to refer the above matter to the Law Reform Committee. Please make your voice heard by contacting Victorian MPs – go to the parliamentary website for contact details http://www.parliament.vic.gov.au/mps.html ask them to raise the matter in parliament and pass a motion to have the matter referred to the Law Reform Committee.

Australian Legislation on Donor Conception

State	Legislative Act	Access to identifying information	Access to non-identifying information
VIC	Infertility Treatment Act (1995)	Those conceived after commencement of the act in January 1998 will be able to know the identity of their donor/s when they reach the age of 18.	Can have access to non-identifying information when they reach the age of 18.
NSW	Assisted Reproductive Technology Act (2007)	This act is due to come into effect 1st January 2010. Currently the information flyers are being written. The Registers will be run by the Private Health Care Branch of the Health Department.
ACT	No legislation
TAS	No legislation
SA	Reproductive Technology Act (1988)	While there is no right to access identifying information there is also nothing in the legislation which forbids access to identifying information if all parties consent.	Can have access to non-identifying information when they reach the age of 16.
QLD	No legislation
NT	No legislation
WA	Human Reproductive Technology Act (1991)	Under amendments to the HRT Act in December 2004, donor conceived persons upon reaching the age of 16 years having undertaken approved counselling have a right to access identifying information about the donor. As a result of these changes to legislation only those donors who consent to their identifying information being released to donor conceived persons upon reaching the age of 16 are able to donate human reproductive material.	There is a right to access non-identifying information by parents and mature offspring.

In those states that have no legislation regarding access to information clinics are expected to follow the National Health and Medical Research Council’s Ethical guidelines on assisted reproductive technology (1996).

Currently clinics in states where there is no legislation adhere to the guidelines specified by RTAC - click here to go to their web site where you can download the guidelines.

These guidelines are to be observed by clinics or centres involved in the treatment of patients with ovulation induction, artificial insemination, IVF and related techniques such as gamete intrafallopian transfer (GIFT) and all procedures involving donated gametes or embryos. Such clinics or centres are called Assisted Reproductive Technology (ART) centres.