New South Wales Repealed Regulations

This legislation has been repealed.

SURROGACY REGULATION 2011 - REG 7

7 Qualified counsellor--requirements for counselling under sections 17 and 35 (2) of the Act

(1) For the purpose of the definition of
"qualified counsellor" in section 4 (1) of the Act, to exercise the functions of a counsellor under section 17 of the Act a person must:

(a) hold a qualification conferred by a university (whether within or outside New South Wales) after at least 3 years full time study or an equivalent amount of part time study, and

(b) be a qualified psychologist, qualified psychiatrist or qualified social worker, and

(c) have specialised knowledge, based on the person's training, study or experience, that enables the person to give opinion evidence as to the matters referred to in section 17 of the Act.

Note : The requirements of this subclause apply to a counsellor who gives an independent counsellor's report in relation to proceedings for a parentage order as referred to in section 17 of the Act.

Note : In relation to paragraph (c), see section 79 of the Evidence Act 1995 .

(2) For the purpose of the definition of
"qualified counsellor" in section 4 (1) of the Act, to exercise the functions of a counsellor under section 35 (2) of the Act a person must:

(a) hold a qualification conferred by a university (whether within or outside New South Wales) after at least 3 years full time study or an equivalent amount of part time study, and

(b) be a qualified psychologist, qualified psychiatrist or qualified social worker, and

(c) have specialised knowledge, based on the person's training, study or experience, of the social and psychological implications of relinquishing a child.

Note : The requirements of this subclause apply to a counsellor who gives counselling to the birth mother and birth mother's partner about a surrogacy arrangement after the birth of the child as referred to in section 35 (2) of the Act.

(3) A
"qualified psychologist" is a person registered as a psychologist in a State or Territory or in New Zealand.

(4) A
"qualified psychiatrist" is a medical practitioner who has qualifications in psychiatry recognised by the Royal Australian and New Zealand College of Psychiatrists.

(5) A
"qualified social worker" is a person who is eligible for membership of the Australian Association of Social Workers or the New Zealand Association of Social Workers.