{"id":"nsw:sl-2019-0395","name":"Status of Children Regulation 2019","slug":"status-of-children-regulation-2019","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"395 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176500,"registerId":"nsw-nsw:sl-2019-0395-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\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Status of Children Regulation 2019](/view/html/inforce/current/sl-2019-0395).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note.\n> \n> This Regulation repeals and replaces the [Status of Children Regulation 2013](/view/html/repealed/current/sl-2013-0456), which would otherwise be repealed on 1 September 2019 by section 10 (2) of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n3 Interpretation\n\n> > (1) In this Regulation—\n> > \n> > accredited laboratory means a laboratory accredited by NATA to carry out parentage testing procedures.\n> > \n> > donor means the person required to provide a bodily sample for the purposes of a parentage testing procedure.\n> > \n> > NATA means the National Association of Testing Authorities, Australia.\n> > \n> > nominated reporter means the person nominated by an accredited laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure.\n> > \n> > putative parent means a person who claims to be, or whom another person claims to be, a parent of a child.\n> > \n> > representative means—\n> > \n> > > (a) in relation to a donor under the age of 18 years—a parent or guardian of the donor, or\n> > \n> > > (b) in relation to a donor who has a disability—\n> > > \n> > > > (i) a trustee or manager in relation to the donor under a law of the State or Territory, the laws of which apply to that person, or\n> > > \n> > > > (ii) a person who is legally responsible for the care, welfare and development of the donor.\n> > \n> > sampler means a person who takes (or proposes to take) a bodily sample from a donor for the purposes of a parentage testing procedure.\n> > \n> > testing means the implementation, or any part of the implementation, of a parentage testing procedure.\n> > \n> > the Act means the [Status of Children Act 1996](/view/html/inforce/current/act-1996-076).\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) In this Regulation, a reference to a donor with a disability is a reference to a donor who has a disability within the meaning of the [Disability Inclusion Act 2014](/view/html/inforce/current/act-2014-041) that—\n> > \n> > > (a) results in the donor lacking the legal capacity to comply with or consent to a requirement of this Regulation (as the case may be), or\n> > \n> > > (b) otherwise prevents the donor from being able to comply with a requirement of this Regulation or consent to it being carried out (as the case may be).\n> \n> > (3) The Supreme Court may appoint a person to be the representative of a donor for the purposes of this Regulation in relation to a particular matter if the Court is satisfied that there is no other representative who is available or suitable in the circumstances.\n> \n> > (4) In this Regulation, a reference to a Form is a reference to a Form set out in Schedule 1.\n> \n> > (5) Notes included in this Regulation do not form part of this Regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Parentage testing procedures","content":"# Part 2 Parentage testing procedures\n\nPart 2 Parentage testing procedures","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"General","content":"## Division 1 General\n\nDivision 1 General","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"DNA typing","content":"#### 4 DNA typing\n\n4 DNA typing\n\n> For the purposes of the definition of parentage testing procedure in section 3 (1) of the Act, DNA typing is a prescribed medical procedure.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Parentage testing procedures","content":"#### 5 Parentage testing procedures\n\n5 Parentage testing procedures\n\n> > (1) A parentage testing procedure must be carried out—\n> > \n> > > (a) in compliance with this Part, and\n> > \n> > > (b) at an accredited laboratory, and\n> > \n> > > (c) in accordance with the standards of practice that entitle a laboratory to be accredited by NATA.\n> \n> > (2) A report must be prepared that relates to the information obtained as a result of carrying out the parentage testing procedure (referred to in this Division as a parentage testing procedure report).","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Parentage testing procedure reports","content":"#### 6 Parentage testing procedure reports\n\n6 Parentage testing procedure reports\n\n> > (1) A parentage testing procedure report must be prepared in accordance with Form 3.\n> \n> > (2) Part 1 of the report must be completed by the nominated reporter identified in the report.\n> \n> > (3) Part 2 of the report must be completed by—\n> > \n> > > (a) the person who carried out the parentage testing procedure, or\n> > \n> > > (b) the person under whose supervision the parentage testing procedure was carried out.\n> \n> > (4) A parentage testing procedure report completed otherwise than in accordance with this clause is taken to be of no effect.","sortOrder":8},{"sectionNumber":"Division 2","sectionType":"division","heading":"Collection, storage and testing of samples","content":"## Division 2 Collection, storage and testing of samples\n\nDivision 2 Collection, storage and testing of samples","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Provision of information by donor or donor’s representative","content":"#### 7 Provision of information by donor or donor’s representative\n\n7 Provision of information by donor or donor’s representative\n\n> > (1) A sampler must not take a bodily sample from a donor unless the donor has—\n> > \n> > > (a) immediately before the sampler takes the bodily sample, completed an affidavit in accordance with Form 1, to which is attached a recent photograph of the donor named in the affidavit, and\n> > \n> > > (b) either—\n> > > \n> > > > (i) provided to the sampler a recent photograph of the donor, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background, or\n> > > \n> > > > (ii) made a written arrangement with the sampler for a photograph of that kind to be taken.\n> \n> > (2) The photograph required by subclause (1) (b) is in addition to the photograph that is required to be attached to Form 1.\n> \n> > (3) If the donor is a person who is under the age of 18 years or who has a disability, the affidavit referred to in subclause (1) (a) must be completed only by the donor’s representative.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Collection of bodily samples for DNA typing","content":"#### 8 Collection of bodily samples for DNA typing\n\n8 Collection of bodily samples for DNA typing\n\n> > For the purposes of a parentage testing procedure that is DNA typing, a sampler—\n> > \n> > > (a) must not take a bodily sample (other than a blood sample) from a donor with a swab unless the swab has not been used for any purpose and is sterile, and\n> > \n> > > (b) must not take a bodily sample (other than a blood sample) from a donor that is a skin scraping or hair root unless the implement used by the sampler to take the sample is sterile, and\n> > \n> > > (c) must not take a blood sample from a donor unless—\n> > > \n> > > > (i) the needle or syringe that is to be used to withdraw the blood is sterile, disposable and has not been used for any purpose, and\n> > > \n> > > > (ii) the sampler ensures, before taking the sample, that the area of the donor’s skin into which the needle or syringe is to be inserted to withdraw the blood has been cleaned with an antiseptic.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Container to be sealed and labelled","content":"#### 9 Container to be sealed and labelled\n\n9 Container to be sealed and labelled\n\n> > (1) After taking a bodily sample from a donor, the sampler must ensure the following—\n> > \n> > > (a) the sample is placed in a container immediately after it is taken and in the presence of the donor,\n> > \n> > > (b) the container has not previously been used for any purpose,\n> > \n> > > (c) the container is sealed in a way that, if it were opened after being sealed, that fact would be evident on inspection of the container,\n> > \n> > > (d) the container is labelled in a way that the removal of the label (or part of the label), or the impairment of the writing on the label by alteration or erasure, would be evident on inspection of the container,\n> > \n> > > (e) the particulars on the label are inscribed permanently and include—\n> > > \n> > > > (i) the full name of the donor, and\n> > > \n> > > > (ii) the date of birth and sex of the donor, and\n> > > \n> > > > (iii) the date and time at which the sample was taken,\n> > \n> > > (f) the label inscribed with the particulars referred to in paragraph (e) is signed permanently by the sampler and the donor.\n> \n> > (2) If the donor is a person who is under the age of 18 years or who has a disability—\n> > \n> > > (a) the procedure specified in subclause (1) (a) must be completed in the presence of the donor’s representative, and\n> > \n> > > (b) the procedure specified in subclause (1) (f) is taken to have been complied with only if the label is signed by the donor’s representative.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Statement by sampler","content":"#### 10 Statement by sampler\n\n10 Statement by sampler\n\n> After taking a bodily sample from a donor, the sampler must—\n> \n> > (a) complete a statement in accordance with Form 2, and\n> \n> > (b) affix the photograph of the donor referred to in clause 7 (1) (b) to that statement, and\n> \n> > (c) write the donor’s 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":"11","sectionType":"section","heading":"Packing and storage requirements","content":"#### 11 Packing and storage requirements\n\n11 Packing and storage requirements\n\n> > (1) A bodily sample must be packed, stored and transported to a laboratory for testing in a manner that—\n> > \n> > > (a) will preserve the integrity of the sample, and\n> > \n> > > (b) ensures that the testing of the sample will produce the same results as would have been obtained if the sample had been tested immediately after collection.\n> \n> > (2) The sampler must ensure that the following documents are sent to the laboratory with the sample—\n> > \n> > > (a) the affidavit completed under clause 7, and\n> > \n> > > (b) the statement completed under clause 10.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Testing of bodily samples","content":"#### 12 Testing of bodily samples\n\n12 Testing of bodily samples\n\n> A laboratory to which a bodily sample has been sent for DNA typing must ensure that the testing is completed within a reasonable time after the sample is taken.","sortOrder":15},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Paternity acknowledgements","content":"#### 13 Paternity acknowledgements\n\n13 Paternity acknowledgements\n\n> > (1) For the purposes of section 19 (1) (a) of the Act, the prescribed form of an instrument acknowledging paternity of a child is Form 4.\n> \n> > (2) For the purposes of section 19 (1) (b) of the Act, the following classes of persons are prescribed—\n> > \n> > > (a) Australian legal practitioners,\n> > \n> > > (b) officers of the Registry of Births, Deaths and Marriages nominated for the time being by the Registrar for the purposes of this paragraph.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Applications for declarations by the Supreme Court of parentage","content":"#### 14 Applications for declarations by the Supreme Court of parentage\n\n14 Applications for declarations by the Supreme Court of parentage\n\n> For the purposes of section 21 (1) (e) of the Act, the following persons are prescribed—\n> \n> > (a) the NSW Trustee and Guardian,\n> \n> > (b) a licensed trustee company within the meaning of Chapter 5D of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth,\n> \n> > (c) an executor, trustee or administrator of an estate.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Qualified persons for the purpose of taking bodily samples","content":"#### 15 Qualified persons for the purpose of taking bodily samples\n\n15 Qualified persons for the purpose of taking bodily samples\n\n> For the purposes of section 33 (2) (c) of the Act, persons employed by a hospital, pathology practice, parentage testing practice or medical practitioner for the purpose of taking a bodily sample from a donor are prescribed as qualified persons.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Repeal and savings","content":"#### 16 Repeal and savings\n\n16 Repeal and savings\n\n> > (1) The [Status of Children Regulation 2013](/view/html/repealed/current/sl-2013-0456) is repealed.\n> \n> > (2) Any act, matter or thing that, immediately before the repeal of the [Status of Children Regulation 2013](/view/html/repealed/current/sl-2013-0456), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":20},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Forms","content":"# Schedule 1 Forms\n\nSchedule 1 Forms\n\n(Clause 3 (4))\n\nForm 1 Parentage testing procedure affidavit by/in relation to donor\n\n([Status of Children Act 1996](/view/html/inforce/current/act-1996-076))\n\n(Clause 7 (1) (a))\n\nName of child whose parentage is in issue: ............................................................\n\nName of donor: ............................................................\n\nDate of birth of donor: ............................................................\n\n\\*Relationship/\\*Putative relationship of donor to child whose parentage is in issue *\\[if donor is not the child whose parentage is in issue, insert relationship of donor to child\\]*: ............................................................\n\nDate of taking sample from donor: ............................................................\n\nI, *\\[name\\]*, of *\\[address\\]*, *\\[occupation\\]* \\*make oath and say/\\*affirm—\n\n(Either Part 1 or Part 2 of this form must be completed and duly sworn or affirmed by the person completing it, and the signature witnessed, on the day the donor’s sample is taken)\n\n**Part 1**\n\n(Part 1 must be completed if the person swearing or affirming the affidavit is the donor)\n\n> 1 I am the person appearing in the photograph attached to this affidavit, being Attachment ‘A’.\n\n> 2 My racial background is: *\\[give details\\]*\n\n> 3 In the last 2 years—\n> \n> > (a) I \\*have/\\*have not suffered from leukaemia.\n> \n> > (b) I \\*have/\\*have not received a bone marrow transplant.\n\n> \\*4 The particulars of the \\*leukaemia/\\*bone marrow transplant are as follows: *\\[give particulars\\]*\n\n> 5 I \\*have/\\*have not received a transfusion of blood or a blood product within the last 6 months.\n\n> \\*6 The particulars of the transfusion of blood or blood product are as follows: *\\[give particulars\\]*\n\n> 7 I consent to—\n> \n> > (a) the taking of \\*a bodily sample/\\*bodily samples from me on *\\[insert date sample is to be taken\\]* at *\\[insert place sample is to be taken\\]* for the purposes of \\*a parentage testing procedure/\\*parentage testing procedures, and\n> \n> > (b) the carrying out of \\*that procedure/\\*those procedures on the \\*sample/\\*samples.\n\n**Part 2**\n\nPart 2 must be completed on behalf of a child or adult who is not capable of swearing or affirming the affidavit. Under section 28 of the Act, a parentage testing procedure must not be carried out in relation to a child without the consent of a parent or guardian of the child.\n\n> 1 I am the *\\[state relationship or other status in relation to the donor\\]* of *\\[name of donor\\]* who was born on *\\[date of birth of donor\\]*.\n\n> 2 *\\[Name of donor\\]* is the person appearing in the photograph attached to this affidavit, being Attachment ‘A’.\n\n> 3 *\\[Name of donor\\]* is a person whose racial background is: *\\[give details\\]*\n\n> 4 In the last 2 years—\n> \n> > (a) the donor \\*has/\\*has not suffered from leukaemia.\n> \n> > (b) the donor \\*has/\\*has not received a bone marrow transplant.\n\n> \\*5 The particulars of the \\*leukaemia/\\*bone marrow transplant are as follows: *\\[give particulars\\]*\n\n> 6 The donor \\*has/\\*has not received a transfusion of blood or a blood product within the last 6 months.\n\n> \\*7 The particulars of the transfusion of blood or blood product are as follows: *\\[give particulars\\]*\n\n> 8 I consent to—\n> \n> > (a) the taking of \\*a bodily sample/\\*bodily samples from the donor on *\\[insert date sample is to be taken\\]* at *\\[insert place sample is to be taken\\]* for the purposes of \\*a parentage testing procedure/\\*parentage testing procedures, and\n> \n> > (b) the carrying out of \\*that procedure/\\*those procedures on the \\*sample/\\*samples.\n\n\\*SWORN/\\*AFFIRMED by the  \ndeponent at  \non 20 .\n\n  \n.........................*\\[Signature of deponent\\]*\n\nBefore me—  \n.........................*\\[Signature of person before whom the affidavit is sworn or affirmed\\]*\n\n*Attach a recent photograph of the donor named in the affidavit, measuring approximately 45 millimetres by 35 millimetres, that shows a full face view of the donor’s head and the donor’s shoulders against a plain background. The photograph must be marked ‘A’, and must bear a statement, signed by both the person before whom the affidavit is sworn or affirmed and the deponent, identifying it as the photograph mentioned in the affidavit.*\n\n*\\*Delete if not applicable.*\n\n**Certificate under section 34 (1) (c) of [Oaths Act 1900](/view/html/inforce/current/act-1900-020)**\n\n\\**Please cross out any text that does not apply*\n\nI \\[*insert name of witness*\\], a \\[*insert qualification to be witness*\\], certify the following matters concerning the making of this affidavit by the person who made it—\n\n> 1 \\*I saw the face of the person *or* \\*I did not see the face of the person because the person was wearing a face covering, but I am satisfied that the person had a special justification for not removing the covering.\n\n> 2 \\*I have known the person for at least 12 months *or* \\*I have confirmed the person’s identity using an identification document and the document I relied on was \\[*describe identification document relied on*\\].\n\n  \n\\[*insert signature of witness*\\]\n\nDate—\n\nForm 2 Parentage testing procedure collection of bodily sample statement by sampler\n\n([Status of Children Act 1996](/view/html/inforce/current/act-1996-076))\n\n(Clause 10 (a))\n\nName of child whose parentage is in issue: ............................................................\n\n> 1 I, *\\[name of sampler\\]*, of *\\[professional address\\]*, *\\[occupation\\]*, took the bodily \\*sample/\\*samples specified below at *\\[time\\]* \\*am/\\*pm on *\\[date\\]* at *\\[place of collection\\]* from the following \\*person/\\*persons—\n> \n> > (a) *\\[name of person and type of bodily sample stated and person’s photograph affixed\\]*,\n> \n> > \\*(b) *\\[name of person and type of bodily sample stated and person’s photograph affixed\\]*,\n> \n> > \\*(c) *\\[name of person and type of bodily sample stated and person’s photograph affixed\\]*,\n> \n> > \\*(d) *\\[name of person and type of bodily sample stated and person’s photograph affixed\\]*.\n\n> 2 When I took the bodily \\*sample/\\*samples specified above, I strictly observed the procedures provided under the [Status of Children Regulation 2019](/view/html/inforce/current/sl-2019-0395).\n\n> 3 I placed \\*the bodily sample/\\*each of the bodily samples specified above in a container that was immediately sealed and then labelled in accordance with clause 9 of the [Status of Children Regulation 2019](/view/html/inforce/current/sl-2019-0395).\n\nDated 20 .\n\n  \n.........................\n\n*\\[Signature of sampler\\]*\n\n*\\*Delete if not applicable.*\n\nForm 3 Report\n\n([Status of Children Act 1996](/view/html/inforce/current/act-1996-076))\n\n(Clause 6 (1))\n\nName of child whose parentage is in issue: ............................................................\n\n**Part 1**\n\n> 1 I, *\\[name of nominated reporter\\]*, of *\\[address\\]*, am a person nominated by the laboratory specified below to prepare a report in accordance with clause 6 of the [Status of Children Regulation 2019](/view/html/inforce/current/sl-2019-0395).\n\n> 2 I report that a parentage testing \\*procedure/\\*procedures, being DNA typing,  \n> \\*has/\\*have been carried out on the bodily \\*sample/\\*samples contained in the sealed \\*container/\\*containers bearing the \\*name/names of the following \\*donor/\\*donors—\n> \n> > (a) *\\[donor’s name, date of birth and relationship to the child whose parentage is in issue\\]*,\n> \n> > \\*(b) *\\[donor’s name, date of birth and relationship to the child whose parentage is in issue\\]*,\n> \n> > \\*(c) *\\[donor’s name, date of birth and relationship to the child whose parentage is in issue\\]*,\n> \n> > \\*(d) *\\[donor’s name, date of birth and relationship to the child whose parentage is in issue\\]*.\n\n> 3 Each bodily sample referred to in item 2 is the same bodily sample as the bodily sample specified in the statement completed on *\\[date\\]* by *\\[name of sampler\\]* in accordance with clause 10 of the [Status of Children Regulation 2019](/view/html/inforce/current/sl-2019-0395).\n\n> 4 The parentage testing \\*procedure was/\\*procedures were carried out at *\\[name of laboratory or laboratories\\]*.\n\n> 5 The results of the parentage testing \\*procedure/\\*procedures are set out in Part 2 of this report.\n\n> \\*6 I report that the results of the parentage testing \\*procedure/\\*procedures carried out on the bodily \\*sample/\\*samples of the donors specified above show that *\\[name of putative parent\\]* is not excluded from identification as the \\*father/\\*mother of *\\[name of child whose parentage is in issue\\]*.\n> \n> \\[*OR*\\]\n\n> \\*6 I report that the results of the parentage testing \\*procedure/\\*procedures carried out on the bodily \\*sample/\\*samples of the donors specified above show that *\\[name of putative parent\\]* is excluded from identification as the \\*father/\\*mother of *\\[name of child whose parentage is in issue\\]*.\n\n> \\*7 I further report that the probability that *\\[name of putative parent\\]* is the genetic \\*father/\\*mother of *\\[name of child whose parentage is in issue\\]* has been calculated as follows—\n> \n> | *Paternity/*Maternity Index | [figure] to 1 |\n> | Relative chance of *Paternity/*Maternity | [percentage]% |\n> \n> \\[*OR*\\]\n\n> \\*7 I further report that the exclusion is based on contradictions to the laws of genetic inheritance in *\\[amount\\]* of the *\\[amount\\]* genetic markers tested. The contradictions occurred in the following genetic markers: *\\[names of genetic markers and whether the contradictions were of the first or second order\\]*\n\n> \\*8 I further report *\\[if necessary, provide further explanation of results detailed in items 6 and 7\\]*.\n\nDated 20 .\n\n  \n.........................\n\n*\\[Signature of nominated reporter\\]*\n\n**Part 2**\n\n> 1 The bodily \\*sample/\\*samples referred to in Part 1 \\*was/\\*were received at *\\[name of laboratory at which the parentage testing \\*procedure was/\\*procedures were carried out\\]* on 20 .\n\n> 2 The following identification numbers were allocated respectively to the bodily \\*sample/\\*samples in the \\*container/\\*containers in which the \\*procedure was/\\*procedures were carried out—\n> \n> > (a) *\\[name of person and identification number\\]*,\n> \n> > \\*(b) *\\[name of person and identification number\\]*,\n> \n> > \\*(c) *\\[name of person and identification number\\]*,\n> \n> > \\*(d) *\\[name of person and identification number\\]*.\n\n> 3 The results obtained from the parentage testing \\*procedure/\\*procedures are as follows: *\\[set out the results\\]*\n\n> \\*4 The results set out in item 3 refer to the parentage testing \\*procedure/\\*procedures carried out \\*by me/\\*under my supervision on *\\[date\\]*. The bodily \\*sample was/\\*samples were tested against the same reagents and in parallel with appropriate known controls. Results from controls show that all reagents were of correct specificity and normal potency. I am satisfied that the results obtained are true and that they have been correctly transcribed from the laboratory records.\n> \n> \\[*OR*\\]\n\n> \\*4 The results set out in item 3 refer to the parentage testing \\*procedure/\\*procedures carried out \\*by me/\\*under my supervision on *\\[date\\]*. The bodily \\*sample was/\\*samples were tested with the same probes/primers and in parallel with appropriate known controls. Fragment length and/or hybridisation patterns were in accordance with scientifically accepted standards. I am satisfied that the results obtained have been correctly coded from the fragment and/or hybridisation pattern and that they have been correctly transcribed from the laboratory records.\n\nDated 20 .\n\n  \n.........................\n\n*\\[Signature of person who carried out parentage testing procedure or person under whose supervision procedure was carried out\\]*\n\n*\\*Delete if not applicable.*\n\nForm 4 Paternity acknowledgment\n\n([Status of Children Act 1996](/view/html/inforce/current/act-1996-076), section 19)\n\n(Clause 13 (1))\n\n**Note:**\n\nSIGNATURES MUST BE WITNESSED BY AN AUSTRALIAN LEGAL PRACTITIONER OR BY AN OFFICER OF THE REGISTRY OF BIRTHS, DEATHS AND MARRIAGES NOMINATED BY THE REGISTRAR.\n\nIF A PARTY IS UNAVAILABLE TO SIGN THIS FORM, THE LAST KNOWN ADDRESS OF THE PERSON SHOULD BE PROVIDED IN THE APPROPRIATE SECTION IMMEDIATELY BELOW.\n\n| I .........................[full name of mother] | I .........................[full name of father] |\n| of .................................................. | of .................................................. |\n| Postcode: ..... Ph: .......... | Postcode: ..... Ph: .......... |\n\nhereby acknowledge that we are the natural mother and father of the child named below. We request that the Registrar include details of the father (as stated below) on the birth record of the child.\n\n**CHILD’S PARTICULARS**\n\n| ................................... | Sex: .......... |\n| [given names] | [family name] |  |\n| born on ../../.. | at ...................., New South Wales. |\n\n**FATHER’S PARTICULARS (at time of child’s birth)**\n\n| ................................... | Occupation: .......... |\n| [given names] | [family name] |  |\n| born on ../../.. | at .............................. |\n\nThis acknowledgment is made believing that the information provided is true to the best of our knowledge and belief.\n\n| .........................[mother’s signature] | .........................[father’s signature] |\n| Signed at .................... | Signed at .................... |\n| on ......................... | on ......................... |\n| Witnessed by ............... | Witnessed by ............... |\n| Qualification ............... | Qualification ............... |\n| [Legal practitioner/Registry officer]......................... | [Legal practitioner/Registry officer]......................... |\n| [name, address and telephone no. of witness]......................... | [name, address and telephone no. of witness]......................... |","sortOrder":21}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulation expressly repeals the 2013 Regulation and replaces it (clause 16(1) and commencement note). It also includes a savings provision preserving acts/matters that had effect under the 2013 Regulation so they continue under this Regulation (clause 16(2)). The text does not itself state that the substantive scope of who or what is covered differs from the earlier Regulation; instead it preserves existing effects while setting out the procedural and evidentiary framework for parentage testing (see clauses 2 note and 16)."},"complexity_factors":["Multiple cross-references to other statutes and external standards (Status of Children Act 1996, Interpretation Act 1987, Disability Inclusion Act 2014, NATA accreditation standards).","Technical laboratory and chain-of-custody requirements (sterility, single-use items, sealing and tamper-evident labelling; clauses 8–9).","Strict form and evidentiary regime requiring specific completed Forms 1–3; non‑compliance voids report (clause 6(1)–(4) and Schedule Forms).","Procedures for vulnerable donors (minors and donors with disability) with substituted decision‑maker duties and possible court appointment of a representative (clauses 3(2)–(3), 7(3), 9(2)).","Vague or discretionary language in places (e.g. testing to be completed within a “reasonable time” — clause 12), which creates interpretive questions.","Operational burdens distributed across different actors (donors, samplers, laboratories, registries), requiring coordination and documentary flows (clause 11(2))."],"plain_english_summary":"This Regulation makes DNA typing the recognised parentage test under the Status of Children Act and requires NATA‑accredited laboratories, strict chain‑of‑custody steps (sworn donor affidavit with photo, sampler’s statement, sealed single‑use sampling) and a prescribed report format for legal effect.\n\nIt thus shifts administrative and accreditation costs to donors, samplers/employers and labs, and ties admissibility to exact procedural compliance—tests done outside these rules (e.g. at‑home or non‑accredited) will not be legally effective."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulation appears to maintain its original scope as a procedural and administrative instrument supporting the Status of Children Act 1996. It updates the 2013 version but does not appear to expand beyond regulating parentage testing procedures, paternity acknowledgments, and related administrative matters. The content remains focused on its original purpose of ensuring reliable DNA testing for parentage determination."},"complexity_factors":["Multiple defined terms (9 specific definitions in clause 3, plus references to definitions in other Acts)","Nested conditions for representatives of minors and persons with disabilities (clause 3(2) and 9(2))","Detailed procedural requirements with multiple sub-clauses (e.g., clause 9 has 6 specific labelling and sealing requirements)","Cross-references to primary legislation (Status of Children Act 1996) and other Acts (Disability Inclusion Act 2014, Oaths Act 1900)","Four detailed statutory forms in Schedule 1 with complex completion instructions and alternative pathways (e.g., Part 1 vs Part 2 of Form 1)","Specific technical requirements for medical procedures (sterility, antiseptics, container specifications in clause 8)"],"plain_english_summary":"This Regulation sets out the rules for DNA testing to determine who a child's parents are in New South Wales. It covers how samples (like blood or saliva) must be collected, stored, and tested to ensure the results are reliable and can be used as evidence in court.\n\n**Key things this Regulation does:**\n\n*   **Prescribes DNA typing** as the official method for parentage testing under the Status of Children Act 1996.\n*   **Sets strict standards** for how samples are taken, including using sterile equipment, sealing containers properly, and requiring photo identification of the person giving the sample (the \"donor\").\n*   **Requires accreditation** — testing must be done by laboratories accredited by NATA (the National Association of Testing Authorities) to ensure quality.\n*   **Protects vulnerable people** — if the donor is under 18 or has a disability, a parent, guardian, or other representative must give consent and witness the process.\n*   **Mandates specific forms** for affidavits (sworn statements), collection records, and test reports to ensure a clear paper trail.\n*   **Allows certain people to apply to the Supreme Court** for declarations about parentage, including the NSW Trustee and Guardian, licensed trustee companies, and estate executors.\n*   **Provides a formal process** for parents to acknowledge paternity (fatherhood) using a specific form witnessed by a lawyer or Registry of Births, Deaths and Marriages officer.\n\n**Who it affects:**\nPeople involved in disputes or questions about a child's parentage, including parents, children, legal guardians, family lawyers, doctors, and accredited testing laboratories.\n\n**Why it matters:**\nParentage testing can affect child support, inheritance, citizenship, and family relationships. This Regulation ensures the process is scientifically sound, legally valid, and protects people's rights — especially children and those with disabilities."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the regulation's scope changed from its original intent. The document contains only publication metadata and website navigation — no substantive provisions are visible. No amendments have been made since commencement in August 2019, suggesting the scope has remained static."},"complexity_factors":["No substantive legislative content was provided — only administrative metadata and website navigation elements","The parent Act (Status of Children Act 1996) deals with moderately complex family law concepts, but this document does not reveal the regulation's actual provisions","Automatic repeal mechanism under the Subordinate Legislation Act 1989 adds a minor layer of temporal complexity to consider","Without the regulation's text, no cross-referencing of definitions, exemptions, or procedural requirements is possible"],"plain_english_summary":"## Status of Children Regulation 2019 (NSW)\n\nThis is a **NSW subordinate regulation** (a set of rules made under a parent law) that sits beneath the *Status of Children Act 1996* (NSW). Unfortunately, the actual **content** of the regulation — its specific rules and requirements — has not been provided in this document. What has been provided is essentially the **administrative wrapper**: the publication status page from the NSW legislation website.\n\n### What we can tell you:\n- **It has been in force since 16 August 2019** and has not been amended since.\n- It is **scheduled to be automatically repealed (cancelled)** on **1 September 2026** under a standard NSW process that periodically clears out old regulations unless they are renewed.\n- The *Status of Children Act* itself deals with the **legal status and rights of children**, including matters like parentage, the rights of children born outside of marriage, and issues arising from assisted reproductive technology (IVF and similar treatments).\n- This regulation likely sets out **procedural or administrative details** that support the parent Act — things like prescribed forms, fees, or specific procedural steps.\n\n### Who does this affect?\nPotentially anyone involved in questions of **legal parentage in NSW** — including parents who used donor sperm or eggs, surrogacy arrangements, or situations where paternity (who the legal father is) is in question.\n\n### Bottom line:\nThe actual rules in this regulation could not be assessed because only the status/metadata page was provided — not the regulation's text. If you need to know what it specifically requires, you should access the full regulation text on the NSW legislation website."}},"importantCases":[],"_links":{"self":"/api/acts/status-of-children-regulation-2019","history":"/api/acts/status-of-children-regulation-2019/history","analysis":"/api/acts/status-of-children-regulation-2019/analysis","conflicts":"/api/acts/status-of-children-regulation-2019/conflicts","importantCases":"/api/acts/status-of-children-regulation-2019/important-cases","documents":"/api/acts/status-of-children-regulation-2019/documents"}}