Assisted Reproductive Technology and Surrogacy Bill 2025
Assisted Reproductive Technology Advisory and Review
Board
Part 10
Accountability Division 4
s. 239
page 149
(2) However, a direction under subsection (1) cannot be about the1
performance of a function in relation to a particular person or2
matter.3
239. Minister to have access to information4
(1) In this section —5
document includes any tape, disk or other device or medium on6
which information is recorded or stored;7
information means information specified, or of a description8
specified, by the Minister that relates to the functions of the9
Board.10
(2) The Minister is entitled —11
(a) to have information in the possession of the Board; and12
(b) if the information is in or on a document, to have, and13
make and retain copies of, that document.14
(3) However, the Minister is not entitled to have personal15
information about a person (the relevant person) unless written16
consent to the disclosure of the information is given by —17
(a) the relevant person; or18
(b) a person authorised by the regulations to give consent on19
behalf of the relevant person.20
(4) For the purposes of subsection (2), the Minister may —21
(a) request the Board to give information to the Minister;22
and23
(b) request the Board to give the Minister access to24
information; and25
(c) request the use of a staff member to obtain the26
information and give it to the Minister.27
(5) The Board must comply with a request under subsection (4).28
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 10 Assisted Reproductive Technology Advisory and Review
Board
Division 5 Membership
s. 240
page 150
Division 5 — Membership1
240. Membership of Board2
(1) The Board consists of 5 to 7 members appointed by the3
Minister.4
(2) Of the Board members —5
(a) 2 must be suitably qualified medical practitioners, at6
least 1 of whom has what the Minister considers to be7
extensive experience in relation to ART procedures; and8
(b) at least 1 must be a lawyer that the Minister considers9
has knowledge or experience with family law or the law10
as it relates to ART services; and11
(c) 1 must be a government lawyer (as defined in the Legal12
Profession Uniform Law (WA) section 6(1)) employed13
in the State Solicitor’s Office; and14
(d) 1 must be a person who is either —15
(i) a person who has personal experience of an16
ART service; or17
(ii) a person who was born as a result of an18
ART procedure.19
(3) The Minister must ensure that, taken together, the members20
have what the Minister considers to be a suitable level of21
knowledge and experience in the following areas within the22
field of health —23
(a) counselling (for example, infertility counselling or24
genetic counselling);25
(b) ethics;26
(c) policy;27
(d) research.28
(4) No more than 1 person with management or control of a29
licensee may be on the Board at any one time.30
Assisted Reproductive Technology and Surrogacy Bill 2025
Assisted Reproductive Technology Advisory and Review
Board
Part 10
Membership Division 5
s. 241
page 151
241. Chairperson and deputy chairperson1
(1) The Minister must designate 1 member to be the chairperson of2
the Board and another member to be the deputy chairperson of3
the Board.4
(2) If the chairperson is unable to act because of illness, absence or5
other cause or if there is no chairperson, the deputy chairperson6
must act in the chairperson’s place.7
(3) An act or omission of the deputy chairperson acting in the8
chairperson’s place cannot be questioned on the ground that the9
occasion to act in the chairperson’s place had not arisen or had10
ceased.11
242. Term of office12
(1) A member holds office for the term, not exceeding 3 years, that13
is specified in the member’s instrument of appointment.14
(2) A member is eligible for reappointment.15
243. Casual vacancies, resignation and removal from office16
(1) In this section —17
misconduct includes conduct that renders the member unfit to18
hold office as a member even though the conduct does not relate19
to a duty of the office.20
(2) The office of a member becomes vacant if the member —21
(a) dies, resigns or is removed from office under this22
section; or23
(b) is, according to the Interpretation Act 1984 section 13D,24
a bankrupt or a person whose affairs are under25
insolvency laws; or26
(c) is convicted of an offence punishable by imprisonment27
for more than 12 months.28
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 10 Assisted Reproductive Technology Advisory and Review
Board
Division 5 Membership
s. 244
page 152
(3) A member may at any time resign from office by written notice1
given to the Minister.2
(4) The Minister may remove a member from office on the grounds3
of —4
(a) neglect of duty; or5
(b) misconduct or incompetence; or6
(c) mental or physical incapacity, other than temporary7
illness, impairing the performance of the member’s8
duties; or9
(d) absence, without leave, from 3 consecutive meetings of10
the Board of which the member has had notice.11
244. Extension of term of office during vacancy12
(1) If the office of a member becomes vacant because the member’s13
term of office expires, the member continues to be a member14
during that vacancy until the day on which the vacancy is filled15
(whether by reappointment of the member or appointment of a16
successor to the member).17
(2) Subsection (1) does not apply if the office of a member becomes18
vacant under section 243.19
(3) The maximum period for which a member continues to be a20
member under this section after the member’s term of office21
expires is 3 months.22
245. Remuneration of members23
A member is entitled to be paid the remuneration and24
allowances that the Minister may from time to time determine25
on the recommendation of the Public Sector Commissioner.26
Assisted Reproductive Technology and Surrogacy Bill 2025
Assisted Reproductive Technology Advisory and Review
Board
Part 10
Board meetings Division 6
s. 246
page 153
Division 6 — Board meetings1
246. Holding meetings2
(1) The first meeting of the Board must be convened by the3
chairperson, and subsequent meetings must be held at times and4
places determined by the Board.5
(2) The Board must meet at least once a year.6
(3) A special meeting of the Board may at any time be convened by7
the chairperson.8
247. Quorum9
A quorum for a meeting of the Board is 4 members.10
248. Presiding member11
(1) The chairperson, if present, must preside at a meeting of the12
Board.13
(2) If neither the chairperson, nor the deputy chairperson acting in14
the chairperson’s place, is presiding at a meeting of the Board,15
the members present at the meeting must elect 1 of their number16
to preside.17
249. CEO or nominated representative may attend meetings18
The CEO, or a nominated representative of the CEO, may19
attend a meeting of the Board, but cannot vote at the meeting.20
250. Procedure at meetings21
The Board may determine its own meeting procedures to the22
extent that they are not fixed by this Act.23
251. Voting24
(1) At a meeting of the Board, each member present has a25
deliberative vote unless section 256 prevents the member from26
voting.27
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 10 Assisted Reproductive Technology Advisory and Review
Board
Division 7 Disclosure of interests
s. 252
page 154
(2) In the case of an equality of votes, the member presiding has a1
casting vote in addition to a deliberative vote.2
(3) A question is resolved by a majority of the votes cast.3
252. Holding meetings remotely4
The presence of a person at a meeting of the Board need not be5
by attendance in person but may be by that person and each6
other person at the meeting being simultaneously in contact by7
telephone or other means of instantaneous communication.8
253. Resolution without meeting9
A resolution provided in writing to each member and assented10
to by a majority of members has the same effect as if it had been11
passed at a meeting of the Board.12
254. Minutes13
The Board must cause accurate minutes to be kept of the14
proceedings at each of its meetings.15
Division 7 — Disclosure of interests16
255. Disclosure of material personal interest17
(1) A member who has a material personal interest in a matter being18
considered or about to be considered by the Board must, as soon19
as practicable after the relevant facts have come to the20
member’s knowledge, disclose the nature of the interest at a21
meeting of the Board.22
Penalty for this subsection: a fine of $10 000.23
(2) A disclosure under subsection (1) must be recorded in the24
minutes of the meeting.25
Assisted Reproductive Technology and Surrogacy Bill 2025
Assisted Reproductive Technology Advisory and Review
Board
Part 10
Disclosure of interests Division 7
s. 256
page 155
256. Voting by member with material personal interest1
(1) A member who has a material personal interest in a matter that2
is being considered by the Board —3
(a) must not vote, whether at a meeting or otherwise, on the4
matter; and5
(b) must not be present while the matter is being considered6
at a meeting.7
(2) A reference in subsection (1) to a matter includes a reference to8
a proposed resolution under section 257 in respect of the matter,9
whether relating to that member or a different member.10
(3) The fact that a member is a licensee or an employee of a11
licensee does not, of itself, constitute a material personal interest12
for the purpose of subsection (1).13
257. Section 256 may be declared inapplicable14
Section 256 does not apply if —15
(a) a member has disclosed under section 255 an interest in16
a matter; and17
(b) the Board has at any time passed a resolution that —18
(i) specifies the member, the interest and the matter;19
and20
(ii) states that the members voting for the resolution21
are satisfied that the interest is so trivial or22
insignificant as to be unlikely to influence the23
disclosing member’s conduct and should not24
disqualify the member from considering or25
voting on the matter.26
258. Quorum in circumstances where member is disqualified due27
to material personal interest28
(1) Despite section 247, if a member is disqualified under29
section 256 in relation to a matter, a quorum is present during30
the consideration of the matter if at least 3 members who are31
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 10 Assisted Reproductive Technology Advisory and Review
Board
Division 8 Committees
s. 259
page 156
entitled to vote on any motion that may be moved at the meeting1
in relation to the matter are present.2
(2) The Minister may deal with a matter to the extent that the Board3
cannot deal with it because of subsection (1).4
Division 8 — Committees5
259. Establishment of committees6
(1) The Board may establish committees to assist it in the7
performance of its functions.8
(2) The Board may discharge, alter or reconstitute a committee.9
(3) The Board may —10
(a) determine the functions, membership and constitution of11
a committee; and12
(b) appoint any members of the Board or other persons as it13
thinks fit to be members of a committee.14
260. Directions to committee15
(1) The Board may give directions to a committee with respect to16
the committee’s functions and procedures.17
(2) A committee must comply with a direction given to it by the18
Board.19
261. Committee to determine own procedures20
Subject to any directions of the Board, a committee may21
determine its own procedures.22
262. Remuneration of committee members23
A member of a committee is entitled to be paid any24
remuneration and allowances that the Minister may from time to25
time determine on the recommendation of the Public Sector26
Commissioner.27
Assisted Reproductive Technology and Surrogacy Bill 2025
Assisted Reproductive Technology Advisory and Review
Board
Part 10
Review by State Administrative Tribunal of Board’s decision Division 9
s. 263
page 157
Division 9 — Review by State Administrative Tribunal of1
Board’s decision2
263. Review of decision by Board3
(1) If the Board makes a decision on an application made by a4
licensee under this Act, the licensee may apply to the State5
Administrative Tribunal for a review of the decision.6
(2) The application must be made within 28 days after the day on7
which the Board gives the licensee notice of the decision.8
Division 10 — Miscellaneous9
264. Execution of documents by Board10
(1) A document is duly executed by the Board if it is signed on11
behalf of the Board by 2 members authorised to do so under12
subsection (2).13
(2) The Board may authorise any of its members to sign documents14
on behalf of the Board, either generally or subject to the15
conditions that are specified in the authorisation.16
(3) A document purporting to be executed in accordance with this17
section is taken to be duly executed until the contrary is shown.18
265. Board to give annual report to CEO regarding activities of19
Board in previous financial year20
(1) The Board must, not later than 31 August in each year, prepare21
and give to the CEO a report for the previous financial year that22
includes details of the activities of the Board during that year,23
including —24
(a) any approvals granted by the Board; and25
(b) any advice provided by the Board.26
(2) As soon as practicable after receiving the report, but not later27
than 30 September in the year that the report is received, the28
CEO must provide a copy of the report to the Minister.29
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 10 Assisted Reproductive Technology Advisory and Review
Board
Division 10 Miscellaneous
s. 266
page 158
266. Protection from personal liability for torts1
(1) An action in tort does not lie against a person for anything that2
the person has done, in good faith, in the performance or3
purported performance of a function under this Division.4
(2) The protection given by subsection (1) applies even though the5
thing done as described in that subsection may have been6
capable of being done whether or not this Act had been enacted.7
(3) Despite subsection (1), the State is not relieved of any liability8
that it might have for another person having done anything as9
described in that subsection.10
(4) In this section, a reference to the doing of anything includes a11
reference to an omission to do anything.12
Assisted Reproductive Technology and Surrogacy Bill 2025
Administration Part 11
s. 267
page 159
Part 11 — Administration1
267. Confidentiality2
(1) If a person obtains information because of the person’s office,3
position, employment or engagement for the purposes of this4
Act, the person must not collect, use or disclose the information,5
directly or indirectly, unless the collection, use or disclosure is6
authorised under subsection (2).7
Penalty for this subsection: a fine of $25 000.8
(2) The collection, use or disclosure of information to which9
subsection (1) applies is authorised if the information is10
collected, used or disclosed in good faith —11
(a) for the purpose of, or in connection with, performing a12
function under this Act or another written law; or13
(b) as required or allowed under this Act or another written14
law; or15
(c) for the purposes of any legal proceedings arising under16
this Act or another written law; or17
(d) under an order of a court or other person or body acting18
judicially; or19
(e) with the written consent of the person to whom the20
information relates; or21
(f) in prescribed circumstances.22
(3) Subsection (1) does not prevent the recording, use or disclosure23
of statistical or other de-identified information.24
(4) The CEO may disclose, or authorise the disclosure of,25
de-identified information to —26
(a) a public service officer; or27
(b) an employee as defined in the Health Services Act 201628
section 6; or29
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 11 Administration
s. 268
page 160
(c) an authority in another jurisdiction that administers a1
corresponding law; or2
(d) a prescribed entity.3
(5) In subsections (3) and (4) —4
de-identified information means information that relates to an5
individual if the individual’s identity is not apparent, and cannot6
reasonably be ascertained, from the information.7
268. Delegation by CEO8
(1) The CEO may delegate any power or duty of the CEO under9
another provision of this Act, other than the power to appoint10
authorised officers, to any of the following persons —11
(a) an employee in the Department;12
(b) an employee of a health service provider;13
(c) a prescribed class of person.14
(2) The delegation must be in writing and signed by the CEO.15
(3) A person to whom a power or duty is delegated under this16
section cannot delegate that power or duty.17
(4) A person exercising a power or performing a duty that has been18
delegated to the person under this section is taken to do so in19
accordance with the terms of the delegation unless the contrary20
is shown.21
(5) Nothing in this section limits the ability of the CEO to perform22
a function through an officer or agent.23
269. Approved forms24
(1) The CEO may approve forms for use under this Act.25
(2) The CEO must make approved forms available on a website26
maintained by or on behalf of the Department.27
Section retrieval-0015 - Assisted Reproductive Technology and Surrogacy Bill 2025 - Document excerpt 15 | Zoe