{"id":"sr:status-children-regulations-2024","name":"Status of Children Regulations 2024","slug":"status-of-children-regulations-2024","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184304,"registerId":"vic-sr:status-children-regulations-2024-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Status of Children Regulations 2024","content":"Version No. 001\n\n**Status of Children Regulations 2024**\n\n**S.R. No. 103/2024**\n\nVersion as at  \n28 October 2024\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocations 2\n\n5 Definition 2\n\n6 Corresponding interstate surrogacy law 2\n\n7 Corresponding surrogacy parentage order 2\n\n8 Requirement for providing counselling for surrogacy arrangements without assistance of registered ART provider 3\n\n9 Material benefit or advantage does not include particular reimbursement of costs 3\n\n10 Material inducement does not include particular reimbursement of costs 4\n\n═════════════\n\nEndnotes 5\n\n1 General information 5\n\n2 Table of Amendments 7\n\n3 Explanatory details 8\n\n**Version No.** **001**\n\n**Status of Children Regulations 2024**\n\n**S.R. No. 103/2024**\n\nVersion as at  \n28 October 2024\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe—\n\n(a) laws of other Australian States and Territories relating to parentage of a child born under a surrogacy arrangement; and\n\n(b) provisions of laws of other Australian States and Territories under which an order can be made relating to legal parentage of a child born under a surrogacy arrangement; and\n\n(c) laws of other Australian States and Territories under which reimbursement of costs does not constitute a material benefit or advantage or material inducement; and\n\n(d) qualifications for persons who can provide counselling under section 23(2)(b) of the **Status of Children Act 1974**; and\n\n(e) any other matters required to be prescribed under the **Status of Children Act 1974**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 41 of the **Status of Children Act 1974**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 28 October 2024.\n\n\t4 Revocations\n\nThe following Regulations are **revoked**—\n\n(a) the Status of Children Regulations 2014[[1]](#endnote-1);\n\n(b) the Status of Children Amendment (Counselling) Regulations 2021[[2]](#endnote-2).\n\n\t5 Definition\n\nIn these Regulations—\n\n***the Act*** means the **Status of Children Act 1974**.\n\n\t6 Corresponding interstate surrogacy law\n\nFor the purposes of the definition of ***corresponding interstate surrogacy law*** in section 17(1) of the Act, the following laws are prescribed—\n\n(a) the Parentage Act 2004 of the Australian Capital Territory;\n\n(b) the Surrogacy Act 2010 of New South Wales;\n\n(c) the Surrogacy Act 2022 of the Northern Territory;\n\n(d) the Surrogacy Act 2010 of Queensland;\n\n(e) the Surrogacy Act 2019 of South Australia;\n\n(f) the Surrogacy Act 2012 of Tasmania;\n\n(g) the Surrogacy Act 2008 of Western Australia.\n\n\t7 Corresponding surrogacy parentage order\n\nFor the purposes of paragraph (b) of the definition of ***corresponding surrogacy parentage order*** in section 17(1) of the Act, the following provisions are prescribed—\n\n(a) section 28H of the Parentage Act 2004 of the Australian Capital Territory and section 26 of that Act (as in force immediately before its substitution by the Parentage (Surrogacy) Amendment Act 2004 of the Australian Capital Territory);\n\n(b) section 18 of the Surrogacy Act 2010 of New South Wales;\n\n(c) section 34 of the Surrogacy Act 2022 of the Northern Territory;\n\n(d) section 22 of the Surrogacy Act 2010 of Queensland;\n\n(e) section 18 of the Surrogacy Act 2019 of South Australia;\n\n(f) sections 16 and 22 of the Surrogacy Act 2012 of Tasmania;\n\n(g) section 21 of the Surrogacy Act 2008 of Western Australia.\n\n\t8 Requirement for providing counselling for surrogacy arrangements without assistance of registered ART provider\n\nFor the purposes of section 23(3)(b) of the Act, the prescribed requirement is full membership, or eligibility for full membership, of the Australian and New Zealand Infertility Counsellors' Association.\n\n\t9 Material benefit or advantage does not include particular reimbursement of costs\n\nFor the purposes of section 29E(3)(b) of the Act, the Human Reproductive Technology Act 1991 of Western Australia is a prescribed law.\n\n\t10 Material inducement does not include particular reimbursement of costs\n\nFor the purposes of section 29H(5)(b) of the Act, the Human Reproductive Technology Act 1991 of Western Australia is a prescribed law.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Status of Children Regulations 2024, S.R. No. 103/2024 were made on 8 October 2024 by the Governor in Council under section 41 of the **Status of Children Act 1974**, No. 8602/1974 and came into operation on 28 October 2024: regulation 3.\n\nThe Status of Children Regulations 2024 will sunset 10 years after the day of making on 8 October 2034 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Status of Children Regulations 2024 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\n1. Reg. 4(a): S.R. No. 186/2014 as amended by S.R. No. 122/2021. [↑](#endnote-ref-1)\n\n2. Reg. 4(b): S.R. No. 122/2021. [↑](#endnote-ref-2)","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly scoped to their original purpose under section 41 of the Status of Children Act 1974. They perform the standard delegated legislative function of prescribing specific external laws and technical requirements that the primary legislation references but does not specify. The 2024 version consolidates and replaces previous regulations from 2014 and 2021 without expanding into new substantive areas."},"complexity_factors":["Only 10 regulations total, with minimal conditional language","Single definition ('the Act') in interpretation section","No nested exceptions or complex logical structures","Content is primarily lists (interstate laws, court provisions) with straightforward cross-references to the parent Act","No penalty provisions, offence sections, or enforcement mechanisms","Straightforward prescriptive approach: 'the following laws are prescribed', 'the prescribed requirement is'"],"plain_english_summary":"These regulations support Victoria's surrogacy and assisted reproduction laws by filling in practical details that the main Act (the Status of Children Act 1974) leaves to be decided later.\n\n**What this does:**\n- **Recognises surrogacy laws from other states and territories** — When a child is born through surrogacy in another part of Australia, Victoria needs to know which interstate laws \"count\" for legal purposes. These regulations list the specific surrogacy laws from every other state and territory that Victoria will recognise.\n- **Recognises parentage orders from other states** — If a court in another state makes an order saying who the legal parents of a surrogacy-born child are, these regulations specify exactly which court orders Victoria will honour.\n- **Sets counselling qualifications** — For surrogacy arrangements that don't involve a registered fertility clinic, the person providing counselling must be a full member (or eligible to be one) of the Australian and New Zealand Infertility Counsellors' Association.\n- **Clarifies what payments are allowed** — Surrogacy in Australia is meant to be altruistic (not commercial), but surrogates can be reimbursed for costs. These regulations specify that under Western Australia's particular fertility law, certain cost reimbursements don't count as illegal \"material benefits\" or \"inducements.\"\n\n**Who it affects:**\n- People entering into surrogacy arrangements in Victoria or involving Victorian residents\n- Surrogates and intended parents\n- Counsellors working in fertility and surrogacy\n- Fertility clinics and lawyers handling cross-border surrogacy matters\n\n**Why it matters:**\nSurrogacy law is a patchwork across Australia — each state has different rules. These regulations ensure Victoria can work with other jurisdictions smoothly, so that children born via surrogacy have clear legal parentage and families don't fall into legal gaps when moving between states."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be meaningfully assessed as the operative provisions of the regulation were not included in the text provided. Only administrative and version information was supplied, making it impossible to determine whether the regulation's scope differs from any original legislative intent."},"complexity_factors":["Insufficient substantive content provided — only metadata and version history included","Regulations of this type typically involve complex parentage and reproductive technology law, but this cannot be assessed from the text supplied","The relationship between regulations and their parent Act adds an inherent layer of complexity not assessable here"],"plain_english_summary":"This Victorian statutory regulation (Statutory Rule 103/2024), currently in force and made under its parent Act, governs the legal status of children — likely addressing parentage, birth registration and recognition of family relationships. It mainly affects parents (including those using assisted reproductive technology or surrogacy), children, birth registration authorities and family law practitioners because it determines legal recognition and administrative processes."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These Regulations replace earlier subordinate instruments (reg 4) and specify which interstate laws, parentage provisions and counselling qualifications apply (regs 1, 6–10). They do not amend the Status of Children Act 1974 itself or broaden its statutory powers; instead they update the prescribed particulars required by the Act, so the statutory scope remains unchanged."},"complexity_factors":["Cross‑jurisdictional references: prescribes seven interstate surrogacy Acts and specific parentage provisions that require checking different state/territory texts for interpretation (reg 6–7).","Legal cross‑references to the parent Act: many rules operate only in relation to defined terms and sections of the Status of Children Act 1974 (objective and regs 1, 8, 9, 10).","Narrow technical definitions: treatment of 'material benefit' and 'material inducement' is resolved by prescribing another jurisdiction’s statute rather than defining criteria directly (regs 9–10).","Professional qualification trigger: counselling requirement depends on membership status of a professional association, creating an external administrative verification point (reg 8).","Administrative update not substantive reform: the instrument primarily lists prescribed laws and revokes prior Regulations, so complexity is procedural rather than policy‑dense (regs 3–4)."],"plain_english_summary":"These Regulations update which interstate surrogacy laws and parentage orders Victoria recognises, set the counselling qualification for unassisted surrogacy, and declare that Western Australia’s Human Reproductive Technology Act excludes particular reimbursements from being a ‘material benefit’ or ‘material inducement’ (regs 1, 6–10). They affect surrogates, intended parents, counsellors and courts by changing legal recognition, counselling eligibility (full or eligible membership of ANZICA, reg 8) and what reimbursements are permissible, shifting compliance costs to participants and administrative tasks to regulators under the Status of Children Act 1974."}},"importantCases":[],"_links":{"self":"/api/acts/status-of-children-regulations-2024","history":"/api/acts/status-of-children-regulations-2024/history","analysis":"/api/acts/status-of-children-regulations-2024/analysis","conflicts":"/api/acts/status-of-children-regulations-2024/conflicts","importantCases":"/api/acts/status-of-children-regulations-2024/important-cases","documents":"/api/acts/status-of-children-regulations-2024/documents"}}