Victorian Numbered Acts

ASSISTED REPRODUCTIVE TREATMENT ACT 2008 (NO. 76 OF 2008) - NOTES

No. 76 of 2008

Victoria

Assisted Reproductive Treatment Act 2008^[†]

No. 76 of 2008

[Assented to 11 December 2008]

^[†]     Minister's second reading speech—

    Legislative Assembly: 10 September 2008

    Legislative Council: 10 October 2008

    The long title for the Bill for this Act was "A Bill for an Act to regulate assisted reproductive treatment and artificial insemination, to make provision with respect to surrogacy arrangements, to repeal the Infertility Treatment Act 1995, to amend the Status of Children Act 1974 and the Births, Deaths and Marriages Registration Act 1996 and other Acts and for other purposes."

INDEX

Subject	Section
Act
amendment of other Acts	136–147, 149–159
commencement	2
Crown bound by	6
guiding principles	5
interpretation of references	4
purposes	1
regulations	124, 125, 134
repeal of Infertility Treatment Act 1995	126
repeal of Part 14	148
saving provision	135
transitional provisions	127–134
Approvals
regarding gametes, embryos
movement of	36, 37
posthumous use of	46, 47
storage of	31, 33
surrogacy arrangements	39–41
ART providers
duties regarding
appointment of designated officers	80
child protection order checks	12
donor treatment procedures	25
information to be given to donors	19
information to be given to Registrar	51
posthumous use of gametes, embryos	46
register to be kept	49
storage of embryos	33, 34
treatment under surrogacy arrangements	39
registration
applications	74
conditions	75
list of registered ART providers	81
RTAC accreditation	78, 79
suspension	76, 77
requirements when cease to operate	122
See also Donor treatment procedures; Treatment procedures
Artificial insemination	3, 8, 9, 50, 52
Assisted reproductive treatment See Treatment procedures
Authority See Victorian Assisted Reproductive Treatment Authority
Births	49–52
Subject	Section
Central Register
amendment, correction by Registrar	54
definition	3
definition of register	55
designated officers' duties regarding	49
disclosure of information from	56–68
false, misleading information	38
information regarding artificial insemination	50, 52
information regarding donors	19, 49, 50
information to be given to Registrar
by ART providers	51
by doctors	52
prescribed information	49
Registrar to keep	53
Child protection orders	3, 12
Consent
lapse of	21
records of	22
required in relation to
disclosure of information	67
donation of gametes, embryos	16–18
posthumous use of gametes, embryos	46
storage of embryos	32, 34
treatment procedures	10, 11
transfer of documents regarding	23, 24
withdrawal	20
Counselling
counsellors	61, 73
requirement for
disclosure of information	61, 73
donors	18
surrogacy arrangements	43
posthumous use of gametes, embryos	48
treatment procedures	13
Criminal record checks	3, 14
Definitions	3, 45, 55, 61, 73, 122, 127
Designated officers	3, 22–24, 49, 55
Disclosure of information
on Central Register
applications for	56
consent requirements	67
counselling requirements	61
exempt documents	68
identifying information	58–60, 64
non-identifying information	57
notice to be given	62
records of information disclosed	66
to Authority	63
to doctors	65
on Voluntary Register	72, 73
Subject	Section
Donor treatment procedures
definition	3
information, advice regarding	25
information to be given to Registrar	51
use of gametes, embryos in
consent requirements	16–18
counselling requirements	18
information requirements	19, 25
transfer of	24
See also Disclosure of information
Donors
consent to treatment procedures
use of gametes, embryos in	16, 17
counselling requirements	18
definition	3
donor embryos, gametes, oocytes, sperm (def.)	3
information requirements	19
See also Disclosure of information
Embryos See Gametes, embryos
Evidence	95
Freedom of Information Act 1982	68
Gametes, embryos
definition	3
formation outside the body	35
moving into, out of Victoria	36
posthumous use of	46–48
provisions approved persons exempted from	37
storage	31–34
use without consent	117
See also Donor treatment procedures
Human embryos See Gametes, embryos
Infertility Treatment Regulations
continued operation of	135
Offences
false, misleading information	38
indictable offences	123
regarding
artificial insemination	8
assisted reproductive treatment	7
designated officers	80
destruction of documents	121
disclosure of information	55
gametes, embryos	31–37
obstruction, hindrance of member of Authority	120
registers	49, 51
RTAC accreditation	78
surrogacy arrangements	44, 45
See also Prohibited procedures
Oocytes (def.)	3
Subject	Section
Patient Review Panel
appointment	84, 87
chairperson	86, 89
constitution	83
deputy chairperson	86
establishment	82
evidence	95
functions	85
hearings
conduct of	90
decisions	91, 92
notice of	89
review	96–98
immunity	94
payment	88
validity of decisions	93
See also Approvals; Treatment procedures
Prohibited procedures
destructive research on embryos	30
sex selection	28
using donated gametes to produce more than 10 genetic siblings	29
using gametes produced by children	26
using sperm, oocytes, gametes from more than one person	27
Registers See Central Register; Voluntary Register
Registrar of Births, Deaths and Marriages	3, 57–63
Regulations	124, 125, 134
Repeal	126
Review
by Patient Review Panel	15
by VCAT	96–98
RTAC accreditation	3, 78, 79
Self-insemination	3, 9
Sperm (def.)	3
Storage	3, 31–34
Surrogacy arrangements
application of general requirements for treatment	42
approval by Patient Review Panel	39–41
commissioning parent (def.)	3
counselling requirements	43
definition	3
legal information requirements	43
prohibition on publication	45
reimbursement of costs	44
treatment procedures carried out under	39
Transitional provisions	127–134
Subject	Section
Treatment procedures
assisted reproductive treatment	3, 7
definition	3
persons undergoing
child protection order checks	12, 14
consent	10, 11
counselling	13
criminal record checks	14
eligibility	10
posthumous use of gametes, embryos	46
presumption against provision of	14
review of decision against providing	15
use of gametes without consent	117
See also Donor treatment procedures
VCAT	96–98
Victorian Assisted Reproductive Treatment Authority
acting members	105
chairperson	104, 107
committees	113
delegation	112
deputy chairperson	104, 107
establishment	99
functions, duties	100
immunity	110
membership	101
payment of members	106
pecuniary interests	109
powers – general	100
powers regarding
identity cards	118
inspection of documents	119
procedure	107
report to Minister	114
resignation, removal	103
staff	111
terms of office	102
validity of decisions	108
See also Approvals; ART providers
Victorian Assisted Reproductive Treatment Authority Fund	115, 116
Voluntary Register
amendment, correction	71
application of Part 7	69
counselling requirements	73
disclosure of information	72, 73
information to be recorded	71
Registrar to keep	70