NSW Legislation
The Assisted Reproductive Technology Act (2007) went into force on January 1st 2010.
This means that a compulsory register to cover all children born from January 1st is now in operation.
The voluntary register is supposed to also be operating but because of a problem with privacy legislation has not yet come into full operation. The problem is due to be fixed by the end of May 2010. You may still place your information on the Regsiter. For more information go to:
http://www.health.nsw.gov.au/hospitals/phc/art.asp
Or call Greg McAllan
Associate Director, Private Health Care Unit
Clinical Safety, Quality and Governance Branch
NSW Department of Health
Tel (02) 9424 5953
Fax (02) 9424 5960
SA Reproductive Technology Amendment Bill 2008.
A rewrite of South Australian Legislation was introduced to Parliament late last year
Part 3 of the Reproductive Technology (Clinical Practices) (Miscellaneous) Amendment Bill 2008 is about a donor conception register and it states:
15—Donor conception register
(1) The Minister may keep a register of donors of human reproductive
material used in, or in relation to, assisted reproductive treatment
provided in accordance with this Act and resulting in the birth of a
child (the donor conception register ).
But then at the end of that section it also states:
(8) This section does not apply in relation to assisted reproductive
treatment provided before the commencement of this section.
What this is saying in brief is that the SA Government may introduce a register at some future time BUT it will not be available for anyone born before this Act comes into force. Everyone must write to their local MPs and demand that the Act be rewritten to include a register for ALL donor conceived people.
If you have any questions about donor conception legislation please contact Caroline at dcsupport@hotmail.com
Victorian Assisted Reproductive Technology Bill 2008.
The Assisted Reproductive Treatment Act was passed through the Victorian Parliament in December of last year. Unfortunately the important amendments which our group supported were not passed although most of them were only narrowly defeated.
In regards to the rights of donor conceived people born before 1998 who have no rights to information under the new Act a statement was made in the Legislative Council by Mr Gavin Jennings on 4 th December 2008. The statement was as follows:
A number of people have raised concerns that people conceived using gametes donated before 1998 in Victoria cannot access information about their genetic origins on the same basis as those conceived using gametes donated since 1998. There are concerns that this may affect the health and wellbeing of some donor-conceived people.
The government would like to further consider the appropriateness of the current arrangements.
The government proposes to refer issues associated with providing donor-conceived people with more access to information about their genetic origins to the Law Reform Committee of the Parliament. The government will ask the Law Reform Committee to consider and advise on:
(a) the legal, practical and other issues that would arise if all donor-conceived people we re given access to identifying information about their donors and their donor-conceived siblings, regardless of the date that the donation was made; and
(b) the legal, practical and other issues that would arise if the birth certificates of donor-conceived people indicated their generic origins.
Unfortunately no formal motion was made to refer the above matter to the Law Reform Committee. Please make your voice heard by contacting Victorian MPs – go to the parliamentary website for contact details http://www.parliament.vic.gov.au/mps.html ask them to raise the matter in parliament and pass a motion to have the matter referred to the Law Reform Committee.
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| Australian Legislation on Donor Conception |
|
|
| State |
Legislative
Act |
Access
to identifying information |
Access
to non-identifying information |
| VIC |
Infertility Treatment Act (1995) |
Those conceived after commencement
of the act in January 1998 will be able to know
the identity of their donor/s when they reach
the age of 18. |
Can have access to non-identifying
information when they reach the age of 18. |
|
NSW |
Assisted Reproductive Technology Act (2007) |
This act came into effect 1st January 2010. The Registers are being run by the Private Health Care Branch of the Health Department. |
|
| ACT |
No legislation |
| TAS |
No legislation |
| SA |
Reproductive Technology Act (1988) |
While there is no right to access
identifying information there is also nothing
in the legislation which forbids access to identifying
information if all parties consent. |
Can have access to non-identifying
information when they reach the age of 16. |
| QLD |
No legislation |
| NT |
No legislation |
| WA |
Human Reproductive Technology Act
(1991) |
Under amendments to the HRT Act in December 2004, donor conceived persons upon reaching the age of 16 years having undertaken approved counselling have a right to access identifying information about the donor. As a result of these changes to legislation only those donors who consent to their identifying information being released to donor conceived persons upon reaching the age of 16 are able to donate human reproductive material. |
There is a right to access non-identifying
information by parents and mature offspring. |
|
|
| In those
states that have no legislation regarding access to
information clinics are expected to follow the National
Health and Medical Research Council’s Ethical
guidelines on assisted reproductive technology (1996).
Currently clinics in states where there is no legislation
adhere to the guidelines specified by RTAC
- click here
to go to their web site where you can download the
guidelines.
These guidelines are to be observed by clinics or
centres involved in the treatment of patients with
ovulation induction, artificial insemination, IVF
and related techniques such as gamete intrafallopian
transfer (GIFT) and all procedures involving donated
gametes or embryos. Such clinics or centres are called
Assisted Reproductive Technology (ART) centres.
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