ASSISTED REPRODUCTIVE TREATMENT ACT 2008

Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

ASSISTED REPRODUCTIVE TREATMENT ACT 2008

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Purposes
2. Commencement
3. Definitions
4. Interpretation of references to procedures and treatment
5. Guiding principles
6. Act to bind the Crown

PART 2--TREATMENT PROCEDURES

Division 1--General

7. Assisted reproductive treatment
8. Artificial insemination
9. Section 8 not applicable to self-insemination

Division 2--General requirements for treatment procedures

10. Persons who may undergo treatment procedures
11. Requirements as to consent
13. Counselling
15. Application for review

Division 3--Requirements for donors

16. Donation of gametes or an embryo
17. Requirements as to consent
18. Counselling requirements
19. Requirements as to the giving and receiving of information

Division 4--Provisions about consent

20. Withdrawal of consent
20A. Consent to treatment procedure taken to be withdrawn on separation
21. Lapsing of consent
22. Record of consent, withdrawal of consent and notice of separation
23. Transfer of documents
24. Information about transfer of donated gametes or an embryo

Division 5--Requirements for donor treatment procedures

25. Information and advice

PART 3--OFFENCES RELATING TO USE AND STORAGEOF GAMETES AND EMBRYOS AND OTHER MATTERS

Division 1--Prohibited procedures

26. Procedures involving gametes produced by children
27. Ban on certain procedures
28. Ban on sex selection
29. Ban on using donated gametes to produce more than 10 families
30. Ban on destructive research on embryos created for treatment purposes

Division 2--Storage

30A. Meaning of responsible person
31. Storing gametes
31A. Panel may approve longer or further storage period
31B. Time for removal of gametes from storage
32. Prohibition on storing embryos except in particular circumstances
33. Storing embryos for later transfer
33A. Patient Review Panel may approve longer or further storage of embryos
34. Removal of embryos from storage
34A. Time for removal of embryos from storage

Division 3--General offences in relation to gametes and embryos

35. Formation of embryos
36. Moving donated gametes and embryos into and out of Victoria
37. Exemption

Division 4--Offence in relation to giving information

38. False or misleading information

PART 4--SURROGACY

39. Certain surrogacy arrangements to require approval of Patient Review Panel
40. Matters to be considered by Patient Review Panel in deciding application for approval of surrogacy arrangement
41. Patient Review Panel may approve non-complying surrogacy arrangement in exceptional circumstances
42. Application of general requirements for treatment to surrogacy arrangement
43. Counselling and legal information
44. Surrogacy costs
44A. Rights of surrogate mother in relation to pregnancy and birth
45. Prohibition on certain publications

PART 5--POSTHUMOUS USE OF GAMETES

46. Requirements for posthumous use of gametes or an embryo in treatment provided by a registered ART provider
47. Approval by Patient Review Panel
48. Counselling

PART 6--REGISTERS AND ACCESS TO INFORMATION

Division 1--Registers kept by registered ART providers and doctors

49. Register to be kept by registered ART providers
49A. Register of pre-1988 donor treatment procedures to be kept by registered ART provider
50. Register to be kept by doctor carrying out artificial insemination
51. Information to be given to the Authority by registered ART providers
52. Information to be given to Authority by doctors
52AA. Information to be given to the Registrar by the Authority
52A. Information to be given to Authority by registered ART provider—register of pre‑1988 donor treatment procedures
52B. Information may be given to Authority by persons other than registered ART providers—pre-1988 donor treatment procedures
53. Authority to keep a Central Register
54. Authority to correct Central Register on request
54A. Authority to correct or include information on Central Register without request
55. Information recorded by registered ART providers that is to be given to donors
55A. Information recorded by doctors that is to be given to donors

Division 3--Disclosure of information on Central Register

56. Application for information on Central Register
56A. Application relating to person born as a result of pre-1988 donor treatment procedure—access to public records
56B. Authority may request records—pre-1988 donor treatment procedures
56C. Offence to disclose that Authority has requested records—pre-1988 donor treatment procedures
56D. Authority may apply to Magistrates' Court for production order
56E. Hearing of application for production order
56F. Magistrates' Court may make production order
56G. Expiry of production order
56H. Failure to comply with production order
56I. Medical professional privilege, contravention of ethics not a reasonable excuse
56J. Authority may request additional information in order to identify pre-1998 donor
56K. Offence to disclose that Authority has requested additional information relating to donor or donor treatment procedures
56L. Authority may request genetic test results of suspected donor
56M. Authority may request genetic test results of relative of suspected donor
56N. Authority to be satisfied of relationship before disclosing information
57. Disclosure of information that does not identify a person
58. Disclosure of information to parent of person born as a result of donor treatment or donor
59. Disclosure of information to persons born as a result of a donor treatment procedure
60. Disclosure of information to persons descended from persons born as a result of donor treatment procedure
60A. Application for information on Central Register about donor siblings
61. Requirement for counselling
62. Notice to be given of intended disclosure

Division 3A--Disclosure and contact preferences for pre-1998 donors

63. Disclosure of information if pre-1998 donor deceased or not located
63A. Information leading to location of donor
63B. Time limit for disclosure of identifying information about pre-1998 donors
63C. Contact preference for pre-1998 donors
63D. Duration of contact preferences lodged by pre-1998 donors
63E. Amendment of contact preferences lodged by pre‑1998 donors
63F. Withdrawal of contact preferences lodged by pre‑1998 donors
63G. Undertaking required from applicant for identifying information relating to pre-1998 donors
63H. Applications from children for information relating to pre‑1998 donors

Division 3B--Contact preferences for persons born as a result of a donor treatment procedure

63I. Contact preferences for persons born as a result of a donor treatment procedure—application for disclosure
63J. Form of contact preference
63K. Duration of contact preferences for person born as a result of donor treatment procedure
63L. Duration of contact preferences lodged by parent or guardian of person born as a result of donor treatment procedure
63M. Amendment of contact preferences lodged in relation to persons born as a result of a donor treatment procedure
63N. Withdrawal of contact preferences lodged in relation to persons born as a result of a donor treatment procedure
63O. Undertaking required from applicant for identifying information relating to person born as a result of a donor treatment procedure

Division 4--General provisions

64. Information
65. Disclosure of information to doctor
66. Records of information disclosed
66A. Confidentiality of information on the Central Register
66B. Confidentiality of other information provided to the Authority under this Part
66C. Confidentiality of information on the Central Register disclosed by the Authority
67. Consent
67A. Counselling under this Part
67B. Authorisation of organisations
68. Exemption from Freedom of Information Act 1982

PART 6A--ACCESS TO CERTAIN KINDS OF MEDICAL INFORMATION

68A. Application of Part
68B. Registered ART provider may disclose medical information
68C. Disclosure of medical information
68D. Disclosure of information from Central Register to registered ART provider
68E. Registered ART provider not required to disclose medical information under this Part

PART 7--VOLUNTARY REGISTER AND DONOR‑LINKING

Division 1--Voluntary Register

69. Application of Part
70. Authority to keep Voluntary Register
71. Information and matter to be entered in Voluntary Register
72. Disclosure of information
73. Requirement for counselling
73A. Counselling under this Part

Division 2--Donor-linking

73B. Who may use donor-linking services?
73C. Authority may provide donor-linking services

PART 8--REGISTRATION AND DESIGNATED OFFICERS

Division 1--Registration as an ART provider

74. Registration as an ART provider
75. Authority may impose conditions on registration

Division 2--General provisions about registrations

76. Suspension of registration
77. Immediate suspension of registration
78. Offence of failing to notify authority if RTAC accreditation no longer held
79. Notification to Minister

Division 3--Designated officers

80. Designated officers for registered ART providers

Division 4--List of registered ART providers

81. Authority to keep list

PART 9--PATIENT REVIEW PANEL

Division 1--Constitution and procedures of Patient Review Panel

82. Establishment of Panel
83. Constitution of Panel
85. Functions of Panel
86. Chairperson and deputy chairpersons
87. Acting chairperson
87A. Other members
88. Payment of members
89. Notice of hearing
90. Conduct of hearing
91. Decision by Patient Review Panel
92. Written reasons for decisions
93. Effect of vacancy or defect
94. Immunity
95. Evidence

Division 2--Review of Patient Review Panel's decisions

96. Reviewable decisions
97. Who may apply for review
98. When application must be made

PART 10--VICTORIAN ASSISTED REPRODUCTIVE TREATMENT AUTHORITY

Division 1--Constitution of the Authority

99. Establishment of Authority
100. Powers, functions, duties and consultation requirements
100A. Guidelines
100B. Directions
101. Membership
102. Terms of office
103. Resignation and removal
104. Chairperson and deputy chairperson
105. Acting member
106. Payment of members
107. Procedure of Authority
108. Effect of vacancy or defect
109. Member's interests
110. Immunity
111. Engagement or employment of persons
112. Delegation
113. Committees

Division 2--Reporting and financial provisions

114. Report to Minister
115. Victorian Assisted Reproductive Treatment Authority Fund
116. Investment powers

PART 11--GENERAL

117. No action if gametes used without knowing consent withdrawn or lapsed
118. Identity cards
119. Powers and duties of members of Authority to inspect documents
120. Offence to obstruct or hinder
121. Prohibition on destruction of or tampering with documents
121A. Records identifying donor treatment procedure participants to be kept
122. Requirements if registered ART provider ceases to operate
123. Indictable offences

PART 12--REGULATIONS

124. Regulations
125. Application etc of regulations

PART 13--REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS

Division 1--Repeal

126. Repeal

Division 2--Transitional provisions

127. Definitions
128. References to repealed Act etc
129. Consents
130. Registers
131. Licence holders
132. Authority
133. Applications

Division 3--Savings provision

135. Continued operation of Infertility Treatment Regulations

Division 4--Transitional provisions--Assisted Reproductive Treatment Amendment Act 2013

136. Definitions
137. Validation of storage of certain gametes past expiry
138. Validation of storage of certain embryos past expiry
139. Continuation of the Patient Review Panel

Division 5--Transitional provisions--Assisted Reproductive Treatment Further Amendment Act 2014

140. Initial provision of information on register of pre‑1988 donor treatment procedures

Division 6--Transitional provisions--Assisted Reproductive Treatment Amendment Act 2016

141. Registrar must provide Authority with copy of Central Register
142. Applications
143. Lodgement of contact preferences
144. Continuation of Central Register
145. Continuation of Voluntary Register

Division 7--Transitional provisions--Assisted Reproductive Treatment Amendment Act 2021

146. Definition
147. Application of amendments to gametes or embryos donated before commencement
148. Posthumous use of gametes or embryo
149. Information to be given to donors by doctors
ENDNOTES

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback