{"id":"qld:sl-2022-0115","name":"Status of Children Regulation 2022","slug":"status-of-children-regulation-2022","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"115 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173818,"registerId":"qld-sl-2022-0115-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Status of Children Regulation 2022 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 September 2022.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Parentage testing procedure and report","content":"# Parentage testing procedure and report","sortOrder":4},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Application of part","content":"## Application of part","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Application of part","content":"### sec.4 Application of part\n\nThis part provides the requirements for—\ncarrying out a parentage testing procedure under a parentage testing order; and\npreparing a parentage testing procedure report.\n- (a) carrying out a parentage testing procedure under a parentage testing order; and\n- (b) preparing a parentage testing procedure report.","sortOrder":6},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Taking sample for parentage testing procedure","content":"## Taking sample for parentage testing procedure","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Only sampler may take sample","content":"### sec.5 Only sampler may take sample\n\nA person must not take a sample from a donor for a parentage testing procedure unless the person is a sampler.","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Information to be given to sampler before sample taken","content":"### sec.6 Information to be given to sampler before sample taken\n\nA sampler must not take a sample from a donor for a parentage testing procedure unless, immediately before the sampler takes the sample, a relevant person for an affidavit for the donor—\nmakes an affidavit in the approved form; and\nattaches a recent photograph of the donor to the affidavit; and\nsigns the relevant person’s name partly on the photograph and partly on the affidavit in the way required by the approved form; and\ngives the affidavit and another recent photograph of the donor to the sampler.\nIn this section—\nrecent photograph , of a donor, means a photograph of the donor that satisfies the requirements for the photograph stated in the approved form.\nrelevant person , for an affidavit for a donor, means—\nif the donor is a child who is under 16 years or is a child who is 16 or 17 years with impaired capacity—a person who may consent to the carrying out of a parentage testing procedure on the donor under section 11 (4) (b) of the Act ; or\nif the donor is an adult with impaired capacity—a person who may consent to the carrying out of a parentage testing procedure on the donor under section 11 (4) (c) of the Act ; or\notherwise—the donor.\n(sec.6-ssec.1) A sampler must not take a sample from a donor for a parentage testing procedure unless, immediately before the sampler takes the sample, a relevant person for an affidavit for the donor— makes an affidavit in the approved form; and attaches a recent photograph of the donor to the affidavit; and signs the relevant person’s name partly on the photograph and partly on the affidavit in the way required by the approved form; and gives the affidavit and another recent photograph of the donor to the sampler.\n(sec.6-ssec.2) In this section— recent photograph , of a donor, means a photograph of the donor that satisfies the requirements for the photograph stated in the approved form. relevant person , for an affidavit for a donor, means— if the donor is a child who is under 16 years or is a child who is 16 or 17 years with impaired capacity—a person who may consent to the carrying out of a parentage testing procedure on the donor under section 11 (4) (b) of the Act ; or if the donor is an adult with impaired capacity—a person who may consent to the carrying out of a parentage testing procedure on the donor under section 11 (4) (c) of the Act ; or otherwise—the donor.\n- (a) makes an affidavit in the approved form; and\n- (b) attaches a recent photograph of the donor to the affidavit; and\n- (c) signs the relevant person’s name partly on the photograph and partly on the affidavit in the way required by the approved form; and\n- (d) gives the affidavit and another recent photograph of the donor to the sampler.\n- (a) if the donor is a child who is under 16 years or is a child who is 16 or 17 years with impaired capacity—a person who may consent to the carrying out of a parentage testing procedure on the donor under section 11 (4) (b) of the Act ; or\n- (b) if the donor is an adult with impaired capacity—a person who may consent to the carrying out of a parentage testing procedure on the donor under section 11 (4) (c) of the Act ; or\n- (c) otherwise—the donor.","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Taking blood sample","content":"### sec.7 Taking blood sample\n\nA sampler must not take a sample of blood from a donor for a parentage testing procedure unless the instrument the sampler uses to take the sample—\nhas not previously been used for any purpose; and\nis sterilised; and\nis disposable.\nBefore taking the sample of blood, the sampler must ensure the area of the donor’s skin into which the sampler will insert the instrument is cleaned with an antiseptic.\nIn this section—\ninstrument includes a needle or syringe.\n(sec.7-ssec.1) A sampler must not take a sample of blood from a donor for a parentage testing procedure unless the instrument the sampler uses to take the sample— has not previously been used for any purpose; and is sterilised; and is disposable.\n(sec.7-ssec.2) Before taking the sample of blood, the sampler must ensure the area of the donor’s skin into which the sampler will insert the instrument is cleaned with an antiseptic.\n(sec.7-ssec.3) In this section— instrument includes a needle or syringe.\n- (a) has not previously been used for any purpose; and\n- (b) is sterilised; and\n- (c) is disposable.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Taking sample for DNA typing","content":"### sec.8 Taking sample for DNA typing\n\nThis section applies in relation to taking a sample, other than a sample of blood, from a donor for a parentage testing procedure that is DNA typing.\nA sampler must not take a sample from the donor with a swab unless the swab—\nhas not previously been used for any purpose; and\nis sterilised.\nA sampler must not take a sample that is a skin scraping or a hair root from the donor unless—\nthe sampler uses an implement to take the sample; and\nthe implement is sterilised.\n(sec.8-ssec.1) This section applies in relation to taking a sample, other than a sample of blood, from a donor for a parentage testing procedure that is DNA typing.\n(sec.8-ssec.2) A sampler must not take a sample from the donor with a swab unless the swab— has not previously been used for any purpose; and is sterilised.\n(sec.8-ssec.3) A sampler must not take a sample that is a skin scraping or a hair root from the donor unless— the sampler uses an implement to take the sample; and the implement is sterilised.\n- (a) has not previously been used for any purpose; and\n- (b) is sterilised.\n- (a) the sampler uses an implement to take the sample; and\n- (b) the implement is sterilised.","sortOrder":11},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Storing and examining sample","content":"## Storing and examining sample","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Sealing and labelling container","content":"### sec.9 Sealing and labelling container\n\nA sampler must place a sample from a donor in a container—\nimmediately after the sampler takes the sample from the donor; and\nin the presence of a relevant person.\nThe sampler must ensure the container—\nhas not previously been used for any purpose; and\nis sealed in a way that, if it were opened after being sealed, the fact the container has been opened would be obvious to a person inspecting the container.\nThe sampler must attach a label to the container in a way that ensures that, if the label, or a part of the label, is removed or writing on the label is altered or erased, the removal of the label, or the alteration or erasure of the writing, would be obvious to a person inspecting the container.\nThe sampler must write the following information on the label in ink—\nthe donor’s full name, sex and date of birth;\nthe date and time the sample from the donor was taken.\nAfter the information mentioned in subsection (4) is written on the label, the sampler and the relevant person must sign the label in ink.\nIn this section—\nrelevant person means—\nif the donor is a child who is under 16 years or is a child who is 16 or 17 years with impaired capacity—a person who may consent to the carrying out of a parentage testing procedure on the donor under section 11 (4) (b) of the Act ; or\nif the donor is an adult with impaired capacity—a person who may consent to the carrying out of a parentage testing procedure on the donor under section 11 (4) (c) of the Act ; or\notherwise—the donor.\n(sec.9-ssec.1) A sampler must place a sample from a donor in a container— immediately after the sampler takes the sample from the donor; and in the presence of a relevant person.\n(sec.9-ssec.2) The sampler must ensure the container— has not previously been used for any purpose; and is sealed in a way that, if it were opened after being sealed, the fact the container has been opened would be obvious to a person inspecting the container.\n(sec.9-ssec.3) The sampler must attach a label to the container in a way that ensures that, if the label, or a part of the label, is removed or writing on the label is altered or erased, the removal of the label, or the alteration or erasure of the writing, would be obvious to a person inspecting the container.\n(sec.9-ssec.4) The sampler must write the following information on the label in ink— the donor’s full name, sex and date of birth; the date and time the sample from the donor was taken.\n(sec.9-ssec.5) After the information mentioned in subsection (4) is written on the label, the sampler and the relevant person must sign the label in ink.\n(sec.9-ssec.6) In this section— relevant person means— if the donor is a child who is under 16 years or is a child who is 16 or 17 years with impaired capacity—a person who may consent to the carrying out of a parentage testing procedure on the donor under section 11 (4) (b) of the Act ; or if the donor is an adult with impaired capacity—a person who may consent to the carrying out of a parentage testing procedure on the donor under section 11 (4) (c) of the Act ; or otherwise—the donor.\n- (a) immediately after the sampler takes the sample from the donor; and\n- (b) in the presence of a relevant person.\n- (a) has not previously been used for any purpose; and\n- (b) is sealed in a way that, if it were opened after being sealed, the fact the container has been opened would be obvious to a person inspecting the container.\n- (a) the donor’s full name, sex and date of birth;\n- (b) the date and time the sample from the donor was taken.\n- (a) if the donor is a child who is under 16 years or is a child who is 16 or 17 years with impaired capacity—a person who may consent to the carrying out of a parentage testing procedure on the donor under section 11 (4) (b) of the Act ; or\n- (b) if the donor is an adult with impaired capacity—a person who may consent to the carrying out of a parentage testing procedure on the donor under section 11 (4) (c) of the Act ; or\n- (c) otherwise—the donor.","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Statement by sampler","content":"### sec.10 Statement by sampler\n\nAfter taking a sample from a donor for a parentage testing procedure, the sampler who took the sample must—\nmake a statement in the approved form; and\nattach the photograph mentioned in section 6 (1) (d) to the statement; and\nsign the sampler’s name partly on the photograph and partly on the statement in the way required by the approved form.\n- (a) make a statement in the approved form; and\n- (b) attach the photograph mentioned in section 6 (1) (d) to the statement; and\n- (c) sign the sampler’s name partly on the photograph and partly on the statement in the way required by the approved form.","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Requirements for storing, packing and transporting sample to accredited laboratory","content":"### sec.11 Requirements for storing, packing and transporting sample to accredited laboratory\n\nA sampler must ensure that a sample from a donor is stored, packed and transported to an accredited laboratory in a way that—\npreserves the integrity of the sample; and\nensures the carrying out of the parentage testing procedure on the sample will produce the same results as would have been obtained if the parentage testing procedure had been carried out on the sample immediately after collection of the sample.\nThe sampler must ensure the following documents for the donor are sent to the accredited laboratory with the sample—\nthe affidavit, in the approved form, mentioned in section 6 (1) (a) ;\nthe statement, in the approved form, mentioned in section 10 (a) .\n(sec.11-ssec.1) A sampler must ensure that a sample from a donor is stored, packed and transported to an accredited laboratory in a way that— preserves the integrity of the sample; and ensures the carrying out of the parentage testing procedure on the sample will produce the same results as would have been obtained if the parentage testing procedure had been carried out on the sample immediately after collection of the sample.\n(sec.11-ssec.2) The sampler must ensure the following documents for the donor are sent to the accredited laboratory with the sample— the affidavit, in the approved form, mentioned in section 6 (1) (a) ; the statement, in the approved form, mentioned in section 10 (a) .\n- (a) preserves the integrity of the sample; and\n- (b) ensures the carrying out of the parentage testing procedure on the sample will produce the same results as would have been obtained if the parentage testing procedure had been carried out on the sample immediately after collection of the sample.\n- (a) the affidavit, in the approved form, mentioned in section 6 (1) (a) ;\n- (b) the statement, in the approved form, mentioned in section 10 (a) .","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Parentage testing procedure must be carried out at accredited laboratory","content":"### sec.12 Parentage testing procedure must be carried out at accredited laboratory\n\nA parentage testing procedure carried out on a sample from a donor must be carried out—\nat an accredited laboratory; and\nunder the standards of practice for which the laboratory holds accreditation.\n- (a) at an accredited laboratory; and\n- (b) under the standards of practice for which the laboratory holds accreditation.","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Time in which parentage testing procedure must be carried out or dried sample prepared","content":"### sec.13 Time in which parentage testing procedure must be carried out or dried sample prepared\n\nAn accredited laboratory that has received a sample from a donor in relation to carrying out a parentage testing procedure must ensure the parentage testing procedure is carried out within—\nif the parentage testing procedure is red cell antigen blood grouping—6 days after the sample is taken from the donor; or\nif the parentage testing procedure is human leucocyte antigen tissue typing—3 days after the sample is taken from the donor; or\nif the parentage testing procedure is DNA typing—a reasonable time after the sample is taken from the donor.\nAlso, an accredited laboratory that has received a sample from a donor in relation to carrying out a parentage testing procedure that is red cell enzyme blood grouping or testing for serum markers must ensure that, within 6 days after the sample is taken from the donor—\nthe parentage testing procedure is carried out; or\na dried sample of the sample is prepared for the purpose of carrying out the parentage testing procedure on the dried sample.\n(sec.13-ssec.1) An accredited laboratory that has received a sample from a donor in relation to carrying out a parentage testing procedure must ensure the parentage testing procedure is carried out within— if the parentage testing procedure is red cell antigen blood grouping—6 days after the sample is taken from the donor; or if the parentage testing procedure is human leucocyte antigen tissue typing—3 days after the sample is taken from the donor; or if the parentage testing procedure is DNA typing—a reasonable time after the sample is taken from the donor.\n(sec.13-ssec.2) Also, an accredited laboratory that has received a sample from a donor in relation to carrying out a parentage testing procedure that is red cell enzyme blood grouping or testing for serum markers must ensure that, within 6 days after the sample is taken from the donor— the parentage testing procedure is carried out; or a dried sample of the sample is prepared for the purpose of carrying out the parentage testing procedure on the dried sample.\n- (a) if the parentage testing procedure is red cell antigen blood grouping—6 days after the sample is taken from the donor; or\n- (b) if the parentage testing procedure is human leucocyte antigen tissue typing—3 days after the sample is taken from the donor; or\n- (c) if the parentage testing procedure is DNA typing—a reasonable time after the sample is taken from the donor.\n- (a) the parentage testing procedure is carried out; or\n- (b) a dried sample of the sample is prepared for the purpose of carrying out the parentage testing procedure on the dried sample.","sortOrder":17},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Parentage testing procedure report","content":"## Parentage testing procedure report","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Relevant persons to fill in and sign report— Act , s 12","content":"### sec.14 Relevant persons to fill in and sign report— Act , s 12\n\nFor section 12 (2) of the Act , a relevant person for a parentage testing procedure must fill in and sign the part of the parentage testing procedure report that, under the approved form for the report, must be filled in and signed by the relevant person.\nIn this section—\nrelevant person , for a parentage testing procedure, means—\nthe nominated reporter for the parentage testing procedure report; and\neither of the following—\nthe person who carried out the parentage testing procedure;\nthe person under whose supervision the parentage testing procedure was carried out.\n(sec.14-ssec.1) For section 12 (2) of the Act , a relevant person for a parentage testing procedure must fill in and sign the part of the parentage testing procedure report that, under the approved form for the report, must be filled in and signed by the relevant person.\n(sec.14-ssec.2) In this section— relevant person , for a parentage testing procedure, means— the nominated reporter for the parentage testing procedure report; and either of the following— the person who carried out the parentage testing procedure; the person under whose supervision the parentage testing procedure was carried out.\n- (a) the nominated reporter for the parentage testing procedure report; and\n- (b) either of the following— (i) the person who carried out the parentage testing procedure; (ii) the person under whose supervision the parentage testing procedure was carried out.\n- (i) the person who carried out the parentage testing procedure;\n- (ii) the person under whose supervision the parentage testing procedure was carried out.\n- (i) the person who carried out the parentage testing procedure;\n- (ii) the person under whose supervision the parentage testing procedure was carried out.","sortOrder":19},{"sectionNumber":"pt.3","sectionType":"part","heading":"Repeal and transitional provision","content":"# Repeal and transitional provision","sortOrder":20},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":21},{"sectionNumber":"sec.15","sectionType":"section","heading":"Repeal","content":"### sec.15 Repeal\n\nThe Status of Children Regulation 2012 , SL No. 135 is repealed.","sortOrder":22},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Transitional provision","content":"## Transitional provision","sortOrder":23},{"sectionNumber":"sec.16","sectionType":"section","heading":"References to repealed regulation","content":"### sec.16 References to repealed regulation\n\nA reference in a document to the repealed Status of Children Regulation 2012 may, if the context permits, be taken to be a reference to this regulation.","sortOrder":24}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 2012 regulation with no apparent expansion beyond the original purpose of governing parentage testing procedures. The structure remains focused on procedural requirements for sampling, storage, laboratory processing, and reporting."},"complexity_factors":["Multiple defined terms including 'relevant person' which varies based on donor age and capacity (appears in sections 6, 9, and 14 with slight variations)","Cross-references to the parent Act (Status of Children Act) particularly sections 11(4)(b) and 11(4)(c) regarding consent for children and adults with impaired capacity","Conditional logic based on type of parentage testing procedure (red cell antigen blood grouping, human leucocyte antigen tissue typing, DNA typing, red cell enzyme blood grouping, serum markers) with different time limits and requirements for each","Specific technical requirements for sample collection, storage, and chain of custody including tamper-evident sealing and labelling","Nested definitions within sections rather than centralized in the dictionary (though dictionary is referenced in section 3)","Requirements for 'approved forms' which are external documents not contained in the regulation itself"],"plain_english_summary":"This regulation sets out the rules for DNA and blood testing to determine who a child's parents are, when ordered by a court.\n\n**What it does:**\n- Establishes strict procedures for collecting, storing, and testing biological samples (blood, saliva, hair, etc.) used in parentage testing.\n- Only qualified 'samplers' can collect samples, and they must follow specific hygiene and documentation rules.\n- Requires detailed paperwork including affidavits (sworn statements), photographs, and signed labels to prevent mix-ups and ensure samples can be traced back to the right person.\n- Sets time limits for how quickly labs must process different types of tests.\n- Requires testing to be done at accredited laboratories meeting professional standards.\n\n**Who it affects:**\n- People ordered by a court to undergo parentage testing (donors).\n- Children under 16, or 16-17 with impaired capacity, where a parent or guardian consents on their behalf.\n- Adults with impaired capacity who cannot consent for themselves.\n- Medical professionals who collect samples (samplers).\n- Accredited laboratories that analyse the samples.\n\n**Why it matters:**\nParentage testing can decide crucial issues like child support, inheritance rights, and custody. This regulation ensures the process is reliable, hygienic, and legally defensible—so courts can trust the results and people's rights are protected."},"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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation replaces the 2012 instrument (s15) but includes a transitional provision allowing existing references to be read as references to this regulation where context permits (s16). On its face, the text preserves the same subject matter—procedural rules for parentage testing—without an express expansion or narrowing of definitional scope in the provided text."},"complexity_factors":["Identity-verification and consent rules require certified affidavits and photographs and differentiate donors by age and capacity (s6)","Technical sampling and infection-control rules differ by sample type and instrument requirements (blood: s7; DNA swabs/skin hairs: s8)","Chain-of-custody, sealing, labelling and dual signatures impose strict handling steps and witness presence (s9)","Documentary and reporting obligations require sending approved-form affidavit and sampler statement with samples and signing specified report parts (s10, s11, s14)","Laboratory accreditation and standards constrain where and how tests are performed (s12) and set timeframes for particular tests (s13)","Multiple cross-references to the Act for consent and reporting roles create dependency on external statutory provisions (s6, s14)","Use of 'approved form' and schedule definitions delegates detail to external forms and the schedule (s3, s6, s10, s14)","Repeal of the prior 2012 regulation with a transitional reference suggests continuity mechanisms that implementers must track (s15, s16)"],"plain_english_summary":"This regulation prescribes how parentage testing must be done: who may collect samples, how identity is verified (affidavits and photographs), sterile handling, sealing and labelling, chain‑of‑custody, transport to accredited laboratories, time limits for specific tests, and who must complete and sign test reports. It applies to samplers, donors (including children and adults with impaired capacity), accredited laboratories and persons authorised to consent, and matters because it standardises procedures that affect the integrity and legal reliability of parentage evidence."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation stays firmly within its intended scope: prescribing the technical and procedural requirements for court-ordered parentage testing. It replaces a 2012 version of the same rules without expanding into new subject matter. The transitional provision (allowing references to the old regulation to apply to this one) is a standard housekeeping measure, not a scope change."},"complexity_factors":["Cross-references to the parent Act (Status of Children Act) for consent provisions, requiring readers to consult a separate law","Multiple defined terms (sampler, donor, relevant person, accredited laboratory, nominated reporter) that vary in meaning depending on context","Different rules apply depending on the type of test (blood grouping, tissue typing, DNA typing) and the legal/age status of the person being tested","Layered procedural requirements — each step must be completed correctly before the next can occur","Special provisions for children under 16, teenagers (16-17) with impaired capacity, and adults with impaired capacity add decision-tree complexity"],"plain_english_summary":"This Queensland regulation prescribes the detailed procedures for court‑ordered DNA and blood testing to determine parentage, governing who may collect samples, how they’re collected, handled, transported and reported, and special consent rules for people with impaired capacity.  \n\nIt affects families in parentage disputes, medical samplers and accredited labs, and aims to ensure results are tamper‑evident and legally reliable. It replaces the 2012 regulation."}},"importantCases":[],"_links":{"self":"/api/acts/status-of-children-regulation-2022","history":"/api/acts/status-of-children-regulation-2022/history","analysis":"/api/acts/status-of-children-regulation-2022/analysis","conflicts":"/api/acts/status-of-children-regulation-2022/conflicts","importantCases":"/api/acts/status-of-children-regulation-2022/important-cases","documents":"/api/acts/status-of-children-regulation-2022/documents"}}