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This is a Bill, not an Act. For current law, see the Acts databases.
DISCRIMINATION (GENETIC STATUS) AMENDMENT BILL 2003
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mrs Helen Cross)
Contents
Page
Part
1.1 Crimes Act 1900 5
Part 1.2 Health
Records (Privacy and Access) Act 1997 8
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mrs Helen Cross)
Discrimination
(Genetic Status) Amendment Bill 2003
A Bill for
An Act to amend the
Discrimination Act
1991, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Discrimination (Genetic Status) Amendment Act
2003.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Discrimination Act 1991.
Note This Act also amends the following legislation (see sch
1):
• Health Records (Privacy and Access) Act 1997
• Crimes Act 1900.
4 GroundsNew
section 7 (ja)
insert
(ja) a genetic characteristic or a genetic predisposition to a condition
or disease;
renumber paragraphs when Act next republished under Legislation
Act
omit
Part 3
substitute
(1) Part 3
insert
(2) Subsection (1) does not apply to the use of predictive genetic
information to discriminate against a person in relation to the terms on which
an annuity or a policy of insurance is offered to, or may be obtained by, the
person.
8 SuperannuationNew
section 29 (1A)
insert
(1A) Subsection (1) does not apply to the use of predictive genetic
information to discriminate against a person in the terms or conditions relating
to a superannuation or provident fund or scheme.
renumber subsections when Act next republished under Legislation
Act
10 Dictionary,
new definitions
insert
genetic testing includes gene testing (DNA testing) and
biochemical testing (protein testing).
predictive genetic information means information obtained by
genetic testing that identifies a genetic predisposition to a condition or
disease.
Schedule
1 Other
amendments
(see s 3)
insert
• s 49G (Genetic testing without consent)
• s 49H (Unlawful obtaining of genetic testing consent)
insert
Part 2B Genetic testing
49F Definitions for pt 2B
In this part:
genetic testing includes gene testing (DNA testing) and
biochemical testing (protein testing).
relevant person, for a sample, means—
(a) if the person from whom the sample is taken is an adult (other than a
person mentioned in paragraph (c))—that person; and
(b) if the person from whom the sample is taken is a child—a person
who has custody of the child; and
(c) if the person from whom the sample is taken is otherwise incapable of
consenting to having a medical test carried out—the person who has the
care and control of that person.
sample means any sample of a person’s body tissue, and
includes a sample of the person’s blood, saliva or hair.
49G Genetic testing without
consent
(1) A person commits an offence if—
(a) the person—
(i) takes a sample from someone else for the purpose of genetic testing;
or
(ii) submits a sample from someone else for genetic testing; or
(iii) conducts genetic testing on a sample from someone else;
and
(b) a relevant person has not consented to the taking of the sample for
the purpose of genetic testing; and
(c) the person knows that a relevant person has not consented to the
taking of the sample for the purpose of genetic testing.
Maximum penalty: 200 penalty units, imprisonment for 2 years or
both.
(2) A person commits an offence if—
(a) the person—
(i) takes a sample from someone else for the purpose of genetic testing;
or
(ii) submits a sample from someone else for genetic testing; or
(iii) conducts genetic testing on a sample from someone else;
and
(b) a relevant person has not consented to the taking of the sample for
the purpose of genetic testing; and
(c) the person is reckless about whether a relevant person has consented
to the taking of the sample for the purpose of genetic testing.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(3) This section does not apply to a person acting in accordance
with—
(a) a law in force in the Territory relating to the taking of forensic
samples; or
(b) a court order.
49H Unlawful obtaining of genetic testing
consent
(1) A person commits an offence if the person—
(a) obtains by deception a relevant person’s consent to the taking
of a sample for the purpose of genetic testing; or
(b) coerces a relevant person to consent to the taking of a sample for the
purpose of genetic testing.
Maximum penalty: 200 penalty units, imprisonment for 2 years or
both.
(2) Without limiting subsection (1) (b), a person coerces someone to give
consent if the person requires the consent—
(a) as a condition or precondition of someone’s employment;
or
(b) as a condition or precondition for the provision of insurance services
or health services.
Part
1.2 Health Records (Privacy and
Access) Act 1997
[1.3] Section
4, definition of health service, paragraph (a)
substitute
(a) any activity that is intended or claimed (expressly or by
implication), by the person performing it—
(i) to assess, record, improve or maintain the physical, mental or
emotional health of a consumer; or
(ii) to diagnose or treat an illness or disability of a consumer
including an activity relating to the collection of genetic information
about a predisposition of the consumer to illness or disability; or
[1.4] Section
4, definition of personal health information
substitute
personal health information, for a consumer, means any
personal information—
(a) relating to the health, an illness or a disability of the consumer;
or
(b) collected by a health provider in relation to the health, an illness
or a disability of the consumer;
whether or not the information is recorded in a health record, and includes
genetic information about a predisposition of the consumer to illness or
disability.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2003.
2 Notification
Notified under the Legislation Act on 2003.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2003
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