{"id":"tas:sr-2017-037","name":"Status of Children (Parentage Testing) Regulations 2017","slug":"status-of-children-parentage-testing-regulations-2017","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"37 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":186049,"registerId":"tas-tas:sr-2017-037-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Status of Children (Parentage Testing) Regulations 2017](/view/html/inforce/2026-04-12/sr-2017-037) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 28 June 2017.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations, unless the contrary intention appears –\n> \n> > ***Act*** means the [Status of Children Act 1974](/view/html/inforce/2026-04-12/act-1974-036) ;\n> \n> > ***bodily sample*** includes, but is not limited to, a sample of human blood;\n> \n> > ***child*** means a person who has not attained the age of 18 years;\n> \n> > ***DNA*** means deoxyribonucleic acid;\n> \n> > ***donor*** means the person in relation to whom an order is made;\n> \n> > ***guardian***, in relation to a donor, means –\n> > \n> > > > (a) a person who is a guardian, manager, administrator or attorney of the donor under a law of –\n> > > > \n> > > > > > (i) the State that applies to the donor; or\n> > > > > \n> > > > > > (ii) another State or a Territory that applies to the donor; or\n> > > \n> > > > (b) a person who is responsible for the long-term care, welfare and development of the donor;\n> \n> > ***HLA*** means human leucocyte antigen;\n> \n> > ***laboratory*** means a laboratory that is accredited by NATA for the purpose of carrying out parentage testing procedures;\n> \n> > ***NATA*** means the National Association of Testing Authorities, Australia;\n> \n> > ***order*** means an order made under [section 13](/view/html/inforce/2026-04-12/act-1974-036#GS13@EN) of the Act requiring a parentage testing procedure to be carried out;\n> \n> > ***parent***, in relation to a child, means –\n> > \n> > > > (a) a person who has parental responsibility for the child; or\n> > > \n> > > > (b) a guardian of the child; or\n> > > \n> > > > (c) a foster parent of the child; or\n> > > \n> > > > (d) a person who generally acts in the place of a person who has parental responsibility for the child and has done so for a significant length of time;\n> \n> > ***parental responsibility*** means all the duties, powers, responsibilities and authority which, by law, parents have in relation to their children;\n> \n> > ***sampler*** means a person, referred to in [regulation 6](#GS6@EN) , who takes a bodily sample from a donor;\n> \n> > ***testing*** means the carrying out, or any part of the carrying out, of a parentage testing procedure.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Parentage Testing Procedures","content":"# Part 2 Parentage Testing Procedures","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Parentage testing procedures","content":"### 4 Parentage testing procedures\n\n> For the purposes of the definition of \"*parentage testing procedure*\" in [section 11](/view/html/inforce/2026-04-12/act-1974-036#GS11@EN) of the Act, the following medical procedures are prescribed medical procedures:\n> \n> > > (a) red cell antigen blood grouping;\n> > \n> > > (b) red cell enzyme blood grouping;\n> > \n> > > (c) HLA tissue typing;\n> > \n> > > (d) testing for serum markers;\n> > \n> > > (e) DNA typing.","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Carrying out of Parentage Testing Procedures","content":"# Part 3 Carrying out of Parentage Testing Procedures","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Application of Part","content":"### 5 Application of Part\n\n> This Part applies to the carrying out of parentage testing procedures under [Part IV](/view/html/inforce/2026-04-12/act-1974-036#HPIV@EN) of the Act.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Samplers","content":"### 6 Samplers\n\n> A person must not take a bodily sample from a donor unless the person is –\n> \n> > > (a) a medical practitioner; or\n> > \n> > > (b) employed by a hospital, pathology practice, parentage testing practice or medical practitioner for the purpose of taking a bodily sample from a donor.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Provision of information by donors","content":"### 7 Provision of information by donors\n\n> > (1)  A sampler must not take a bodily sample from a donor unless –\n> > \n> > > > (a) immediately before the sampler takes the bodily sample, the donor has completed an affidavit in accordance with Form 1 in [Schedule 1](#JS1@EN) to which is attached a recent photograph of the donor; and\n> > > \n> > > > (b) the donor provides the sampler with –\n> > > > \n> > > > > > (i) the completed affidavit to which is attached the recent photograph; and\n> > > > > \n> > > > > > (ii) an additional copy of that recent photograph.\n> \n> > (2)  For the purposes of [subregulation (1)(a)](#GS7@Gs1@Hpa@EN) and [(b)](#GS7@Gs1@Hpb@EN) , the recent photograph of the donor must measure approximately 45 millimetres by 35 millimetres, and must show a full-face view of the donor's head and shoulders against a plain background.\n> \n> > (3)  If the donor is a child, the affidavit referred to in [subregulation (1)(a)](#GS7@Gs1@Hpa@EN) is to be completed by a person who is a parent of the child.\n> \n> > (4)  If the donor is a person who, by reason of disability, is unable to make reasonable judgments in relation to his or her personal circumstances, the affidavit referred to in [subregulation (1)(a)](#GS7@Gs1@Hpa@EN) is to be completed by a person who is a guardian of the donor.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Collection of blood samples","content":"### 8 Collection of blood samples\n\n> > (1)  A sampler must not take a sample of blood from a donor with a needle or syringe, unless the needle or syringe –\n> > \n> > > > (a) has not been used previously for any purpose; and\n> > > \n> > > > (b) has been sterilised; and\n> > > \n> > > > (c) is disposable.\n> \n> > (2)  Before taking a sample of blood from a donor, the sampler is to ensure that the area of the donor's skin into which the needle is to be inserted to withdraw the blood has been cleaned with an antiseptic.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Collection of bodily samples for DNA typing","content":"### 9 Collection of bodily samples for DNA typing\n\n> > (1)  This regulation applies to the taking of a bodily sample, other than a bodily sample that is a sample of blood, from a donor for the purposes of a parentage testing procedure that is DNA typing.\n> \n> > (2)  A sampler must not take a bodily sample from a donor with a swab, unless the swab –\n> > \n> > > > (a) has not been used previously for any purpose; and\n> > > \n> > > > (b) has been sterilised.\n> \n> > (3)  A sampler must not take a skin scraping or a hair root from a donor with an implement unless the implement has been sterilised.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Containers to be sealed and labelled","content":"### 10 Containers to be sealed and labelled\n\n> > (1)  If a sampler takes a bodily sample from a donor, the sampler must ensure that the bodily sample is placed in a container that complies with [subregulation (2)](#GS10@Gs2@EN)  –\n> > \n> > > > (a) immediately after the bodily sample is taken; and\n> > > \n> > > > (b) subject to [subregulations (4)](#GS10@Gs4@EN) and [(5)](#GS10@Gs5@EN) , in the presence of the donor.\n> \n> > (2)  For the purposes of [subregulation (1)](#GS10@Gs1@EN) , a container –\n> > \n> > > > (a) must not have been used previously for any purpose; and\n> > > \n> > > > (b) must be sealed in a way that, if it were opened after being sealed, that fact of opening would be evident on inspection of the container; and\n> > > \n> > > > (c) must have a label, on which the following information is written in ink, securely attached to it:\n> > > > \n> > > > > > (i) the full name of the donor;\n> > > > > \n> > > > > > (ii) the date of birth of the donor;\n> > > > > \n> > > > > > (iii) the gender identity of the donor;\n> > > > > \n> > > > > > (iv) the date on which and time at which the bodily sample was taken; and\n> > > \n> > > > (d) must be labelled in a way that, if the writing on the label were later obscured, altered or erased, that would be evident on inspection of the label.\n> \n> > (3)  After the label referred to in [subregulation (2)(c)](#GS10@Gs2@Hpc@EN) is completed and attached to the container it must be signed, in ink, by the sampler and, subject to [subregulations (4)](#GS10@Gs4@EN) and [(5)](#GS10@Gs5@EN) , the donor.\n> \n> > (4)  If the donor is a child –\n> > \n> > > > (a) the sampler is to comply with [subregulation (1)](#GS10@Gs1@EN) in the presence of a parent of the child; and\n> > > \n> > > > (b) for the purposes of [subregulation (3)](#GS10@Gs3@EN) , a parent of the child is to sign the label instead of the donor.\n> \n> > (5)  If the donor is a person who, by reason of disability, is unable to make reasonable judgments in relation to his or her personal circumstances –\n> > \n> > > > (a) the sampler is to comply with [subregulation (1)](#GS10@Gs1@EN) in the presence of a person who is a guardian of the donor; and\n> > > \n> > > > (b) for the purposes of [subregulation (3)](#GS10@Gs3@EN) , a person who is a guardian of the donor is to sign the label instead of the donor.\n> \n> > (6)  In this regulation –\n> > \n> > > ***gender identity*** means the gender-related identity, appearance or mannerisms or other gender-related characteristics of a person (whether by way of medical intervention or not), with or without regard to the person’s designated sex at birth.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Statements by samplers","content":"### 11 Statements by samplers\n\n> As soon as practicable after a sampler takes a bodily sample from a donor, the sampler must –\n> \n> > > (a) complete a statement in accordance with Form 2 in [Schedule 1](#JS1@EN) ; and\n> > \n> > > (b) affix the photograph of the donor, in the sampler's possession under [regulation 7(1)(b)(ii)](#GS7@Gs1@Hpb@Hqii@EN) , to the statement; and\n> > \n> > > (c) sign his or her name partly on the photograph and partly on the statement in a way that, if the photograph were later removed from the statement, the removal would be evident from inspection of the statement.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Packing and storage requirements","content":"### 12 Packing and storage requirements\n\n> > (1)  A sampler must ensure that a bodily sample is packed, stored and transported to a laboratory for testing in a manner that –\n> > \n> > > > (a) will preserve the integrity of the bodily sample; and\n> > > \n> > > > (b) will ensure that the testing of the bodily sample will produce the same results as would have been obtained if the bodily sample had been tested immediately after collection.\n> \n> > (2)  A sampler must ensure that the following documents are sent to the laboratory with a bodily sample:\n> > \n> > > > (a) the affidavit in his or her possession in accordance with [regulation 7(1)(a)](#GS7@Gs1@Hpa@EN) ;\n> > > \n> > > > (c) the statement completed under [regulation 11(a)](#GS11@Hpa@EN) .","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Laboratory testing of bodily samples","content":"### 13 Laboratory testing of bodily samples\n\n> > (1)  A laboratory to which a bodily sample is sent for testing is to ensure that –\n> > \n> > > > (a) the testing is undertaken in accordance with standards of practice that entitle the laboratory to be accredited by NATA for the purpose of carrying out parentage testing procedures; and\n> > > \n> > > > (b) the testing is completed –\n> > > > \n> > > > > > (i) if the proposed procedure is red cell antigen blood grouping, red cell enzyme blood grouping or testing for serum markers, within 6 days after the bodily sample is taken; or\n> > > > > \n> > > > > > (ii) if the proposed procedure is HLA tissue typing, within 3 days after the bodily sample is taken; or\n> > > > > \n> > > > > > (iii) if the proposed procedure is DNA typing, within a reasonable time after the bodily sample is taken.\n> \n> > (2)  If the proposed procedure is red cell enzyme blood grouping or testing for serum markers, [subregulation (1)(b)(i)](#GS13@Gs1@Hpb@Hqi@EN) is complied with if –\n> > \n> > > > (a) the testing is completed within 6 days after the bodily sample is taken from the donor; or\n> > > \n> > > > (b) a dried sample of the bodily sample to be tested is prepared within those 6 days.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Reports","content":"### 14 Reports\n\n> > (1)  For the purposes of section 17(1) of the Act, the prescribed form in which a report is to be made is in accordance with Form 3 in [Schedule 1](#JS1@EN) .\n> \n> > (2)  If a report is not completed in accordance with this regulation it is of no effect.","sortOrder":16},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Prescribed overseas jurisdictions","content":"### 15 Prescribed overseas jurisdictions\n\n> For the purposes of the definition of \"*prescribed court*\" in [section 2](/view/html/inforce/2026-04-12/act-1974-036#GS2@EN) of the Act, New Zealand and the United Kingdom are prescribed overseas jurisdictions.","sortOrder":18},{"sectionNumber":"SCHEDULE 1 - Forms","sectionType":"part","heading":"SCHEDULE 1 - Forms","content":"# SCHEDULE 1 - Forms SCHEDULE 1 - Forms","sortOrder":19},{"sectionNumber":"Form 1","sectionType":"division","heading":"Form 1","content":"## Form 1 Form 1\n\n[Regulation 7(1)(a)](#GS7@Gs1@Hpa@EN)\n\n[![graphic image](/image/scf1p1.gif)](/image/scf1p1.gif)\n\n[![graphic image](/image/scf1p2.gif)](/image/scf1p2.gif)\n\n[![graphic image](/image/scf1p3.gif)](/image/scf1p3.gif)\n\n[![graphic image](/image/scf1p4.gif)](/image/scf1p4.gif)\n\n[![graphic image](/image/scf1p5.gif)](/image/scf1p5.gif)","sortOrder":20},{"sectionNumber":"Form 2","sectionType":"division","heading":"Form 2","content":"## Form 2 Form 2\n\n[Regulation 11(a)](#GS11@Hpa@EN)\n\n[![graphic image](/image/scf2p1.gif)](/image/scf2p1.gif)\n\n[![graphic image](/image/scf2p2.gif)](/image/scf2p2.gif)\n\n[![graphic image](/image/scf2p3.gif)](/image/scf2p3.gif)\n\n[![graphic image](/image/scf2p4.gif)](/image/scf2p4.gif)","sortOrder":21},{"sectionNumber":"Form 3","sectionType":"division","heading":"Form 3","content":"## Form 3 Form 3\n\n[Regulation 14(1)](#GS14@Gs1@EN)\n\n[![graphic image](/image/scf3p1.gif)](/image/scf3p1.gif)\n\n[![graphic image](/image/scf3p2.gif)](/image/scf3p2.gif)\n\n[![graphic image](/image/scf3p3.gif)](/image/scf3p3.gif)\n\n[![graphic image](/image/scf3p4.gif)](/image/scf3p4.gif)\n\n[![graphic image](/image/scf3p5.gif)](/image/scf3p5.gif)\n\n[![graphic image](/image/scf3p6.gif)](/image/scf3p6.gif)\n\n[![graphic image](/image/scf3p7.gif)](/image/scf3p7.gif)\n\n[![graphic image](/image/scf3p8.gif)](/image/scf3p8.gif)\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 21 June 2017","sortOrder":22}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operational procedures for court-ordered parentage testing. The scope covers sampling, handling, testing, and reporting without significant expansion beyond the machinery provisions necessary to give effect to the parent Act."},"complexity_factors":["12 defined terms in the interpretation section, including nested definitions for 'guardian' and 'parent'","Multiple cross-references to the parent Status of Children Act 1974 (sections 2, 11, 13, 17, and Part IV)","Conditional logic for children and people with disabilities requiring substitute signatories (regulations 7, 10)","Specific technical requirements (photo dimensions 45mm x 35mm, time limits for different test types)","Three prescribed forms in Schedule 1 with graphic placeholders indicating external document dependencies","Nested subregulations up to 3 levels deep (e.g., regulation 10(2)(c)(i))","Exception clauses for dried blood samples extending time limits (regulation 13(2))"],"plain_english_summary":"These regulations set out the practical rules for how DNA and blood tests are done to work out who a child's parents are, when a court orders it.\n\n**What it does:**\n- **Lists the tests allowed:** Blood tests, DNA tests, and tissue typing are the approved methods for proving parentage.\n- **Who can take samples:** Only doctors or trained staff working for hospitals, pathology labs, or parentage testing services can collect blood, saliva, or other samples.\n- **Strict ID rules:** Before any sample is taken, the person being tested (called a \"donor\") must complete a sworn statement (affidavit) with a recent photo. This stops people from cheating by sending someone else to give a sample.\n- **Safety and hygiene:** Needles must be new, sterile, and disposable. Swabs and tools for skin scrapings must be sterilised.\n- **Tamper-proof handling:** Samples go into sealed containers with detailed labels showing name, birth date, gender identity, and time of collection. Both the sampler and donor (or their parent/guardian if they're a child or have a disability) must sign.\n- **Lab standards:** Only labs accredited by NATA (Australia's testing authority) can do the analysis, and they must meet strict deadlines—6 days for blood tests, 3 days for tissue typing.\n- **Final reports:** Results must follow a set format (Form 3) or they're invalid.\n\n**Who it affects:**\n- People ordered by a court to prove or disprove parentage\n- Children (where parents or guardians act for them)\n- People with disabilities (where guardians act for them)\n- Doctors, nurses, and lab technicians collecting and testing samples\n\n**Why it matters:**\nThese rules ensure parentage test results are reliable, legally valid, and collected safely. Without them, DNA evidence in family law disputes—like child support or custody cases—could be challenged or thrown out of court."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available content, the regulations appear to remain focused on their original intended purpose of governing parentage testing procedures under the Status of Children Act. No evidence of scope expansion or significant amendment is apparent from the metadata provided."},"complexity_factors":["Limited substantive content available — the extract is primarily administrative metadata rather than operative provisions","Regulations sit beneath parent legislation (Status of Children Act), requiring cross-reference to understand full context","Technical subject matter (DNA/parentage testing procedures) can involve scientific and procedural standards","Narrow and specific scope reduces overall complexity"],"plain_english_summary":"These Tasmanian regulations implement how scientific parentage testing (eg DNA) must be carried out under the Status of Children Act, affecting parents or alleged parents, children, testing labs, medical professionals and courts. They prescribe technical and procedural rules—accreditation, sample collection and handling, and required reporting—because test results determine legal rights like support, inheritance and parental responsibility.\n\nThe extract provided is mainly metadata and status information, so the full operative detail of the rules is not included here."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations implement and specify procedural and evidentiary details under the Status of Children Act (Part IV). They do not, on their face, expand or reduce the Act’s substantive scope of who may seek parentage orders; they set mandatory operational, evidentiary and accreditation requirements for samples, samplers and laboratories."},"complexity_factors":["Multiple defined terms that affect who must comply (e.g. donor, sampler, guardian, parent) creating role-based duties (reg 3).","Detailed chain-of-custody and identification requirements: affidavit with photograph, donor/signature or parent/guardian signature for children and persons with disability (reg 7, reg 10).","Specific sample handling and sterility rules across specimen types (blood vs swab vs hair/skin) and disposable/sterilised equipment requirements (regs 8–9).","Lab obligations include NATA accreditation and explicit completion timeframes for different tests (reg 13).","Mandatory forms and legal effect of non-compliance: prescribed forms and reports have statutory effect (regs 11, 14 and Schedule 1).","Cross-jurisdictional prescription of overseas courts (New Zealand and the United Kingdom) relevant to the Act’s definitions (reg 15)."],"plain_english_summary":"This instrument prescribes which medical procedures count as parentage testing (red cell antigen/enzyme blood grouping, HLA tissue typing, serum markers, DNA typing) and sets mandatory rules for who may take samples, how samples are labelled, sealed, packed and transported, timeframes for laboratory testing, accreditation requirements and standard forms.\n\nIt applies to donors (including children and persons with disability), samplers and NATA‑accredited laboratories, and matters because it creates legally required chain‑of‑custody, quality and reporting steps for parentage evidence."}},"importantCases":[],"_links":{"self":"/api/acts/status-of-children-parentage-testing-regulations-2017","history":"/api/acts/status-of-children-parentage-testing-regulations-2017/history","analysis":"/api/acts/status-of-children-parentage-testing-regulations-2017/analysis","conflicts":"/api/acts/status-of-children-parentage-testing-regulations-2017/conflicts","importantCases":"/api/acts/status-of-children-parentage-testing-regulations-2017/important-cases","documents":"/api/acts/status-of-children-parentage-testing-regulations-2017/documents"}}