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FAMILY LAW AMENDMENT REGULATIONS 2001 (NO. 2) 2001 NO. 117 - SCHEDULE 1

Amendments

(regulation 3)

[1] Paragraph 12BA (c)

omit

Minister for Youth and Community Services;

insert

Secretary to the Department of Human Services;

[2] Subparagraph 12BA (d) (i)

substitute

(i)
Chief Executive of the Department of Education and Community Services; and

[3] Regulation 21F, heading

substitute

21F Provision of information by donor — Form 2

[4] Paragraph 21F (1) (a)

substitute

(a)
completed an affidavit in accordance with Form 2 in Schedule 1, immediately before the sampler takes the bodily sample from the donor; and

[5] Subregulation 21F (2)

omit

[6] Subregulation 21F (3)

omit

and the declaration referred to in subregulation (2)

[7] Paragraphs 21K (2) (b) and (c)

substitute

(b)
the statement completed under regulation 21J.

[8] Schedule 1, Form 1

omit

DATED this day of 19 .

insert

DATED:

[9] Schedule 1, Forms 2 and 3

substitute

Form 2 Parentage testing procedure
Affidavit by/in relation to donor

(subregulation 21F (1))

PARENTAGE TESTING PROCEDURE
AFFIDAVIT BY/IN RELATION TO DONOR
NAME OF CHILD WHOSE PARENTAGE IS IN ISSUE: ( insert child's name )
NAME OF DONOR: ( insert donor's name )
DATE OF BIRTH OF DONOR: ( insert donor's date of birth )
*RELATIONSHIP/*PUTATIVE RELATIONSHIP OF DONOR TO CHILD WHOSE PARENTAGE IS IN ISSUE: ( if donor is not the child whose parentage is in issue, insert relationship of donor to child )
DATE OF COLLECTION OF SAMPLE FROM DONOR: ( insert date of collection )
I, ( insert name ), of ( insert address ), ( insert occupation ), *make oath and say/*affirm:


IMPORTANT
Either Part 1 or 2 of this form must be completed and duly sworn or affirmed by the person completing it, and the signature witnessed, on the day the donor's sample is collected.


PART 1

Part 1 must be completed if the person swearing or affirming the affidavit is the donor.


1. My racial background is ( insert details ).
2. In the last 2 years:
(a) I *have/*have not suffered from leukaemia
(b) I *have/*have not received a bone marrow transplant.
3. The particulars of the *leukaemia/*bone marrow transplant are as follows:
( insert particulars ).
4. I *have/*have not received a transfusion of blood or a blood product within the last 6 months.
*5. The particulars of the transfusion of blood or blood product are as follows:
( insert particulars ).

PART 2

Part 2 must be completed on behalf of a child or adult not capable of swearing or affirming the affidavit.


1. I am the ( state relationship or other status in relation to the donor ) of ( insert name of donor ) who was born on ( insert date of birth of donor ).
2. ( insert name of donor ) is a person whose racial background is ( insert details ).
3. In the last 2 years:
(a) the donor *has/*has not suffered from leukaemia
(b) the donor *has/*has not received a bone marrow transplant.
*4. The particulars of the *leukaemia/*bone marrow transplant are as follows:
( insert particulars ).
5. The donor *has/*has not received a transfusion of blood or a blood product within the last 6 months.
*6. The particulars of the transfusion of blood or blood product are as follows:
( insert particulars ).
*SWORN/*AFFIRMED by the
deponent at
on









  20
( Signature of deponent )
BEFORE ME: ( insert name of person
before whom the affidavit is sworn
or affirmed
)
( Signature of person
before whom affidavit is
sworn or affirmed
)
* Omit if not applicable.

[10] Schedule 1, Form 4

omit

DATED:







 19
 .

insert

DATED:

[11] Schedule 1, Form 5, Part I, item 1

omit

( insert address )

insert

( insert street address of laboratory where testing was performed )

[12] Schedule 1, Form 5, Part I, item 4

omit everything after

( insert name

insert

and street address of *laboratory/*laboratories where testing was performed ) on ( insert date/s ).

[13] Schedule 1, Form 5, Part I, items 6, 7 and 8

substitute

*6. I report that the results of the parentage testing *procedure/*procedures carried out on the bodily *sample/*samples of the donors specified above show that ( insert name of putative parent ) is not excluded from identification as the *father/*mother of ( insert name of child whose parentage is in issue ).

[ OR ]

*6. I report that the results of the parentage testing *procedure/*procedures carried out on the bodily *sample/*samples of the donors specified above show that ( insert name of putative parent ) is excluded from identification as the *father/*mother of ( insert name of child whose parentage is in issue ).
*7. I further report that the probability that ( insert name of putative parent ) is the genetic *father/*mother of ( insert name of child whose parentage is in issue ) has been calculated as follows:
Putative *father/*mother is ( insert figure ) times more likely to produce a child with the required alleles than a *man/*woman drawn randomly from the general population. This equates to a Relative Chance of *Paternity/*Maternity of ( insert figure ).
[ OR ]

*7. I further report that the exclusion is based on contradictions of the laws of genetic inheritance in ( insert amount ) of the ( insert amount ) genetic markers: ( insert the names of the genetic markers and whether the contradictions are of the first or second order ).
*8. I further report ( if necessary, provide further explanation of results detailed in item 6 or 7, or both ).

[14] Schedule 1, Form 5, Part II, item 1

substitute

1. The bodily *sample/*samples referred to in Part I of this report were received at ( insert name and street address of laboratory at which parentage testing *procedure was/*procedures were carried out ) on the following date/s:
(a) ( specify sample ) - ( insert date )
*(b) ( specify sample ) - ( insert date )
*(c) ( specify sample ) - ( insert date )
*(d) ( specify sample ) - ( insert date )
*(e) ( specify sample ) - ( insert date ).

[15] Schedule 1, Form 5, Part II, both items 4

substitute

Item applying if parentage testing procedure carried out was red cell antigen blood grouping, red cell enzyme blood grouping, HLA tissue typing or testing for serum markers
*4. The results set out above in item 3 refer to the parentage testing *procedure/*procedures carried out *by me/*under my supervision on ( insert date/s ). The bodily *sample was/*samples were tested with the same reagents and in parallel with appropriate known controls. Results from controls show that all reagents were of correct specificity and normal potency. I am satisfied that the results obtained are true and that they have been correctly transcribed from the laboratory records.

[ OR ]

Item applying if parentage testing procedure carried out was DNA typing
*4. The results set out above in item 3 refer to the parentage testing *procedure/*procedures carried out *by me/*under my supervision on ( insert date/s ). The bodily *sample was/*samples were tested with the same probes/primers and in parallel with appropriate known controls. Fragment length and/or hybridisation patterns were in accordance with scientifically accepted standards. I am satisfied that the results obtained have been correctly coded from the fragment and/or hybridisation pattern and that they have been correctly transcribed from the laboratory records.

[16] Schedule 1, Form 5, after item 4, second occurring

omit

DATED:







 19
 .

insert

DATED:

[17] Schedule 5, item 22

substitute

22


Child Protection Act 1999


Queensland


[18] Schedule 5, items 42 and 43

substitute

42


Children, Young Persons and Their Families Act 1997 (sections 11, 20, 21, 22, 26, 42, 44, 46, 76, 97 and 98)


Tasmania


[19] Schedule 5, item 57

substitute

57


Children and Young People Act 1999 :

* Chapter 7 (Division 2 of Part 1, Divisions 1, 2 and 3 of Part 2, and Divisions 1 to 7 of Part 3)
* Chapter 8


Australian Capital Territory




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