Commonwealth Numbered Regulations

1988 No. 42 FAMILY LAW REGULATIONS (AMENDMENT) - REG 3

3. After Part II of the Family Law Regulations the following Part is inserted:
PART IIA-DETERMINATION OF PARENTAGE: MEDICAL PROCEDURES AND REPORTS
Interpretation

"21A. In this Part, unless the contrary intention appears:
'DNA' means deoxyribonucleic acid;
'donor' means a person required to provide a bodily sample of blood for the
purposes of a prescribed medical procedure;
'HLA' means human leucocyte antigen;
'prescribed medical procedure' means a medical procedure prescribed under
regulation 21B;
'sampler' means a person taking a bodily sample of blood from a donor for the
purposes of a prescribed medical procedure;
'testing' means the implementation, or any part of the implementation, of a
prescribed medical procedure. Prescribed medical procedures-section 60 of the
Act

"21B. For the purposes of the definition of 'parentage testing procedure' in
section 60 of the Act, the following medical procedures are prescribed:

   (a)  red cell antigen blood grouping;

   (b)  red cell enzyme blood grouping;

   (c)  HLA tissue typing;

   (d)  serum markers;

   (e)  DNA typing of restriction fragment length polymorphisms. Collection of
        blood sample

"21C. (1) Where blood is collected from a donor for the purposes of a
prescribed medical procedure, the sampler shall ensure that:

   (a)  all needles and syringes to be used in relation to withdrawal of the
        blood for collection have not been previously used, have been
        sterilised and are disposable;

   (b)  the area of the donor's skin where, in relation to that withdrawal, a
        needle is to be inserted has been cleaned with an antiseptic;

   (c)  the container to be used for storing the blood has not previously been
        used;

   (d)  the container is so labelled that:

        (i)    if the label or any part of the label were removed; or

        (ii)   if any writing inscribed in ink on the label were to be altered
               or erased;
the impairment or removal of the label would be evident on inspection;

   (e)  the following particulars are inscribed in ink on the label:

        (i)    the full name of the donor;

        (ii)   the date of birth and sex of the donor;

        (iii)  the date and time when the blood sample was taken;

        (iv)   the signature of the sampler;

   (f)  the blood is placed in a container labelled and inscribed in
        accordance with this regulation in the presence of the donor;

   (g)  upon the completion of the procedure specified in paragraph (f), the
        donor signs his or her name in ink on the label;

   (h)  the container is so sealed that, if it were opened after being sealed,
        that fact would be evident on inspection.

"(2) Where the donor is a child under the age of 18 years or a person
suffering from a mental disability, the procedure specified in paragraph (1)
(f) is to be completed in the presence of, and the procedure specified in
paragraph (1) (g) is to be completed by:

   (a)  in the case of the child-a guardian of the child; or

   (b)  in the case of the person suffering from a mental disability:

        (i)    a trustee or manager in relation to that person under the law
               of a State or Territory; or

        (ii)   a person having responsibility for the care of the person.
               Storage and testing requirements

"21D. (1) Where:

   (a)  blood is collected for the purposes of a prescribed medical procedure;
        and

   (b)  testing relating to that procedure is to be carried out at a place
        other than the place where the blood is collected; the container
        containing the blood must be packed:

   (c)  if the proposed prescribed procedure is red cell antigen blood
        grouping-in an insulated package containing an ice pack or other
        device enabling the blood to be held at a temperature of approximately
        5 degrees celsius throughout transportation to the place of testing;
        or

   (d)  if the proposed prescribed procedure is red cell enzyme blood
        grouping, serum markers, HLA tissue typing or DNA typing of
        restriction fragment length polymorphisms-in an insulated package
        enabling the container to be transported at ground level temperature
        and atmospheric conditions to the place of testing.

"(2) The sampler shall ensure that blood collected in accordance with this
Part is available for testing at the place where testing is to be carried out:

   (a)  if the testing relates to any of the prescribed medical procedures red
        cell antigen blood grouping, red cell enzyme blood grouping or serum
        markers-not later than 3 days after the collection of the blood; or

   (b)  if the testing relates to the prescribed medical procedure HLA tissue
        typing or DNA typing of restriction fragment length polymorphisms-not
        later than 24 hours after the collection of the blood.

"(3) There shall be forwarded to the place of testing, together with the
insulated package referred to in subregulation (1), forms completed in
accordance with each of Forms 2 and 3 in Schedule 1.

"(4) For the purpose of the completion of Form 2 in Schedule 1, where blood is
collected from a donor:

   (a)  the donor shall:

        (i)    provide to the sampler a recent photograph of the donor
               measuring approximately 45 millimetres by 35 millimetres, full
               face view of head and shoulders and with plain background; or

        (ii)   make arrangements with the sampler for such a photograph of the
               donor to be taken; and

   (b)  the sampler shall affix the photograph to the form and sign his or her
        name partly on the photograph and partly on the form in such a manner
        that, if the photograph were removed from the form at any time after
        the sampler had so signed, the removal would be evident from
        inspection of the form. Provision of information by donor

"21E. (1) Subject to this regulation, a donor shall, before blood is withdrawn
from his or her body for testing, complete an affidavit in accordance with
Form 3 in Schedule 1.

"(2) Where the donor is a child under the age of 18 years or a person
suffering from a mental disability, the affidavit in accordance with Form 3 in
Schedule 1 is to be completed by:

   (a)  in the case of the child-a guardian of the child; or

   (b)  in the case of the person suffering from a mental disability:

        (i)    a trustee or manager in relation to that person under the law
               of a State or Territory; or

        (ii)   a person having responsibility for the care of the person.
               Appointment of persons to make reports

"21F. (1) The Attorney-General may appoint in writing a person or a class of
persons, being persons employed at a particular place, to prepare reports
under subsection 66W (9) of the Act.

"(2) An instrument of appointment under subregulation (1) shall be published
in the Gazette.

"(3) A report purporting to be made for the purposes of section 66W of the Act
by a person other than a person appointed in accordance with this regulation
shall be taken not to have been made in accordance with these Regulations and
may not be received in evidence under subsection 66W (10) of the Act. Form of
report

"21G. A report under subsection 66W (9) of the Act shall be in accordance with
Form 4 in Schedule 1.".