{"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":{"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"},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.7(1)(a) and sec.7(1)(b)","severity":"medium","reasoning":"Section 7(1) requires the blood-sampling instrument to simultaneously satisfy three conditions: (a) never previously used for any purpose, (b) sterilised, and (c) disposable. The sterilisation process (autoclaving, chemical treatment, radiation, etc.) constitutes a 'use' of the instrument for the purpose of sterilisation. A strict reading of (a) would mean the instrument cannot have been sterilised, because sterilisation is itself a prior use. The legislature almost certainly intended 'not previously used for clinical/sampling purposes', but as drafted the two conditions are in tension. The practical workaround is factory-sterilised, pre-packaged instruments, but the word 'any' in (a) makes even that arguable.","confidence":0.72,"description":"An instrument that 'has not previously been used for any purpose' cannot also be 'sterilised' in any meaningful operational sense — sterilisation is itself a use of the instrument."},{"type":"self_contradicting","section":"sec.8(2)(a) and sec.8(2)(b)","severity":"medium","reasoning":"Section 8(2) replicates the same logical tension found in sec.7(1): the swab must never have been used for any purpose AND must be sterilised. The sterilisation process is a use. The phrase 'any purpose' is overbroad and creates the same impossibility as in sec.7.","confidence":0.72,"description":"Same internal contradiction as sec.7: a swab that 'has not previously been used for any purpose' cannot logically also have been 'sterilised', because sterilisation is itself a prior use."},{"type":"impossible_compliance","section":"sec.11(1)(b)","severity":"medium","reasoning":"Sample degradation is a well-documented biological phenomenon. The regulation requires the sampler to guarantee counterfactual equivalence — that post-transport results are identical to hypothetical immediate-testing results. No sampler can certify a counterfactual with certainty. This is an objective standard of outcome rather than a standard of reasonable care, making compliance technically impossible to demonstrate. It also places the obligation on the sampler rather than the laboratory, even though the sampler has no control over conditions once the sample leaves their hands if a courier is used.","confidence":0.65,"description":"The requirement that transporting a sample 'will produce the same results as would have been obtained if the parentage testing procedure had been carried out immediately after collection' sets an effectively unverifiable and potentially impossible standard."},{"type":"other","section":"sec.13(1)(c)","severity":"low","reasoning":"Every other parentage testing procedure in sec.13 is assigned a specific numerical deadline (6 days, 3 days). DNA typing — the most commonly used modern method — is assigned only a 'reasonable time' standard. This vagueness undermines enforceability and creates uncertainty for laboratories, courts, and parties to proceedings. It is logically inconsistent with the precision applied to older, less commonly used procedures.","confidence":0.78,"description":"DNA typing is given a 'reasonable time' deadline while all other procedures have precise day-limits, creating an unenforceable and legally vague standard inconsistent with the regulatory scheme."},{"type":"other","section":"sec.6(1) and sec.9(1)(b)","severity":"low","reasoning":"Section 6 requires a relevant person to make an affidavit before sampling. Section 9 requires placement of the sample in a container 'in the presence of a relevant person'. The definitions of 'relevant person' in both sections are identical, but the regulation does not require it to be the same individual in both instances. A different person satisfying the definition could theoretically be present at sec.9, weakening the evidentiary chain the procedure is designed to create.","confidence":0.55,"description":"The 'relevant person' who must be present for sealing the container (sec.9) may be the donor themselves, yet for incapacitated or underage donors the relevant person is a third party — but no mechanism ensures the same relevant person from sec.6 is present at sec.9, creating a potential identity gap in the chain of custody."}],"contradictions":[{"severity":"medium","section_a":"sec.7(1)(a)","section_b":"sec.7(1)(b)","confidence":0.72,"description":"An instrument that has 'not previously been used for any purpose' cannot also have been 'sterilised', as sterilisation constitutes a prior use. The two conditions are mutually contradictory on a plain reading."},{"severity":"medium","section_a":"sec.8(2)(a)","section_b":"sec.8(2)(b)","confidence":0.72,"description":"A swab that has 'not previously been used for any purpose' cannot also have been 'sterilised'. Direct replication of the sec.7 internal contradiction."},{"severity":"medium","section_a":"sec.13(1)","section_b":"sec.13(2)","confidence":0.68,"description":"Section 13(1) sets time limits for red cell antigen blood grouping, human leucocyte antigen tissue typing, and DNA typing. Section 13(2) separately addresses red cell enzyme blood grouping and testing for serum markers. However, sec.13(1) does not mention these latter two procedures at all, implying they fall outside its scope. This creates a structural gap: it is unclear whether sec.13(1) is intended to be exhaustive, and whether a laboratory receiving a sample for red cell enzyme blood grouping is bound by sec.13(1) or only sec.13(2). If only sec.13(2), there is no deadline for carrying out the procedure after a dried sample is prepared."},{"severity":"low","section_a":"sec.6(1)","section_b":"sec.10(b)","confidence":0.45,"description":"Section 6(1)(d) requires the relevant person to give 'another recent photograph' (i.e., a second photograph) to the sampler. Section 10(b) then requires the sampler to attach 'the photograph mentioned in section 6(1)(d)' to the sampler's statement. However, sec.6(1)(b) also requires a photograph to be attached to the affidavit, meaning two photographs are provided but only one (the sec.6(1)(d) photograph) is accounted for in the subsequent documentation chain under sec.10. The disposition of the first photograph (attached to the affidavit under sec.6(1)(b)) is addressed by sec.11(2)(a), which sends the affidavit to the laboratory. However the regulation does not explicitly reconcile whether the photograph attached to the affidavit travels with the affidavit or is detached, creating a minor ambiguity in documentary handling."}]},"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":"## What This Law Does\n\nThis is a Queensland regulation (a detailed set of rules made under a broader law called the *Status of Children Act*) that sets out the **exact procedures for court-ordered DNA and blood testing to determine who a child's parent is**.\n\n## Who Does This Affect?\n\n- **Families involved in parentage disputes** — for example, where a court has ordered DNA testing to establish whether someone is a child's biological parent\n- **Medical professionals (called 'samplers')** who physically collect blood or DNA samples (like cheek swabs, skin scrapings, or hair roots)\n- **Accredited laboratories** that analyse the samples\n- **Children and adults with impaired decision-making capacity** — special rules apply about who can consent and sign on their behalf\n\n## What Are the Key Rules?\n\n### Before the Sample Is Taken\n- Only an authorised person (a 'sampler') can collect a sample\n- A responsible person must swear a formal written statement (an 'affidavit') and provide **two recent photos** of the person being tested — these are used to confirm identity and prevent fraud\n\n### How the Sample Is Collected\n- Blood must be drawn using a **brand-new, sterile, disposable** needle or syringe, with antiseptic applied to the skin first\n- Cheek swabs must be new and sterile; implements for skin scrapings or hair roots must also be sterilised\n\n### After the Sample Is Taken\n- The sample must be immediately placed into a **new, tamper-evident container** (one that visibly shows if it's been opened)\n- The container is labelled with the person's name, sex, date of birth, and the time/date of collection — written in ink and signed by both the sampler and the responsible person\n- The sampler must also complete a formal written statement and attach one of the photos to it\n\n### Getting the Sample to the Lab\n- Samples must be stored and transported in a way that **preserves their integrity** — so the test results are the same as if tested immediately\n- Certain tests have strict time limits: blood grouping tests must be done within **6 days**; tissue typing within **3 days**; DNA typing within a 'reasonable time'\n\n### The Final Report\n- The lab must prepare an official report, which must be signed by the person who ran the test (or supervised it) and the nominated reporter\n\n## Why Does This Matter?\n\nThese rules exist to ensure that when a court orders parentage testing, the results are **reliable, tamper-proof, and trustworthy**. Mistakes or shortcuts in the process could mean wrong conclusions about who is — or isn't — a child's legal parent, with major consequences for custody, inheritance, and legal status.\n\nThis 2022 regulation replaces an older 2012 version of the same rules, with any references in old documents to the 2012 regulation now applying to this new one."}},"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"}}