New South Wales Consolidated Acts

ASSISTED REPRODUCTIVE TECHNOLOGY ACT 2007 - SECT 13

13 Provision of information to participants in ART services

(1) An ART provider must, in accordance with this section:

(a) inform a person specified in Column 1 of the Table to this subsection of the matters specified opposite in Column 2, and

(b) obtain confirmation from the person that the person understands those matters,

before providing an ART service specified opposite in Column 3.

Maximum penalty: 800 penalty units in the case of a corporation or 400 penalty units in any other case.

Table

	Column 1	Column 2	Column 3
	Person	Matters	ART service
1	A woman seeking ART treatment that does not use donated gametes	Basic list of matters	ART treatment to the woman
2	A woman seeking ART treatment that uses donated gametes	Extended list of matters	ART treatment to the woman
3	A person proposing to provide a gamete (other than as a donated gamete)	Basic list of matters	Obtaining the gamete from the person
4	A person proposing to provide a donated gamete	Extended list of matters	Obtaining the gamete from the person
5	A gamete provider from whom the gamete was not originally obtained as a donated gamete	Extended list of matters	Using the gamete, or an embryo created using the gamete, in providing ART treatment to a person who is not the gamete provider or the gamete provider's spouse

(2) The
"basic list of matters" that a person must be informed of under this section is as follows:

(a) the availability of counselling services,

(b) the effect of a gamete provider's consent under Division 3, and how and until when such a consent may be modified or revoked,

(c) any other matter that is prescribed by the regulations.

(3) The
"extended list of matters" that a person must be informed of under this section is as follows:

(a) the availability of counselling services,

(b) the effect of a gamete provider's consent under Division 3, and how and until when such a consent may be modified or revoked,

(c) the obligations of the ART provider in relation to obtaining information about the person and the person's offspring,

(d) the application of section 62 to the person, including in relation to information provided to the ART provider by the person,

(e) the existence of the central register and the information about the person and the person's offspring that will be held on the register,

(f) the right of the person to obtain information held on the register about the person,

(g) the right of the person and the person's offspring to obtain information held on the register about other persons,

(h) the right of other persons to obtain information held on the register about the person and the person's offspring,

(i) any other matter that is prescribed by the regulations.

(4) Any information required to be provided under this section is to be provided in the approved form (if any).

(5) Any confirmation required to be obtained under this section is to be obtained in the approved form (if any).