Assisted Reproductive Technology Act 2024
68Disclosure of information on director-general’s initiative
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68 Disclosure of information on director-general’s initiative (1) The director-general may, on their own initiative, disclose information kept in the donor register that has been entered or revised under section 59 or section 60 to a person who would otherwise be entitled to be given the information under this part.
(2) The director-general may, on their own initiative, disclose personal health information kept in the donor register— (a) only if the director-general believes on reasonable grounds that the disclosure is necessary to— (i) prevent or reduce a serious and imminent risk to anyone’s life or physical, mental or emotional health; or (ii) warn the person to whom the information is disclosed about the existence of a medical condition that may be harmful to the person or the person’s children (including future children); and (b) to the following people: (i) a mature donor conceived person if the information is about their donor; (ii) a parent of a donor conceived child or young person if the information is about the child or young person’s donor; (iii) a person who is pregnant as a result of ART treatment or self-insemination using a donor’s donated gamete if the information is about the donor; (iv) a donor if the information is about a person born as a result of ART treatment or self-insemination using the donor’s donated gamete; (v) a donor conceived person if the information is about their donor sibling. (3) The director-general may, on their own initiative, disclose information kept in the donor register— (a) if the director-general believes on reasonable grounds that— (i) a donor or donor conceived person is involved in a consanguineous relationship; or
(ii) another serious risk to the safety or welfare of a donor or donor conceived person exists; and (b) only to the extent that the disclosure is necessary to allow the affected person, or their parent, to understand the risk; and (c) to the following people: (i) a donor, or donor conceived person, to whom subsection (3) applies (an affected person); (ii) a parent of an affected child or young person. (4) Nothing in this section requires the director-general to disclose information to any person. (5) In this section: personal health information—see the Health Records (Privacy and Access) Act 1997, dictionary.