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Assisted Reproductive Treatment Act 2008
56BDonor Conception Registrar may request records—pre-1988 donor treatment procedures
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56B Donor Conception Registrar may request records—pre-1988 donor treatment procedures
(a) an applicant under section 56(1) requests information relating to a person born as a result of a pre-1988 donor treatment procedure; and
(b) records relating to the donor treatment procedure are not among records from Prince Henry's Institute of Medical Research in the custody of the Public Record Office.
S. 56B(2) amended by No. 39/2024 s. 18(2).
(2) If the Donor Conception Registrar believes on reasonable grounds that a person (other than a registered ART provider) is in possession of or has control of records relating to the donor treatment procedure, the Donor Conception Registrar may, subject to subsection (3), request the person to locate and give the records to the Donor Conception Registrar.
S. 56B(3) amended by No. 39/2024 s. 18(2).
(3) The Donor Conception Registrar must not request records under this section from a child of a donor unless—
S. 56B(3)(a) amended by No. 39/2024 s. 18(2).
(a) the donor consents to the Donor Conception Registrar making the request; or
S. 56B(3)(b) amended by No. 39/2024 s. 18(2).
(b) the child has previously initiated contact with the Donor Conception Registrar.
(4) A request under subsection (2) must be in writing and must set out the requirements of this section.
(5) A person who receives a request under subsection (2) must, within 60 days of receiving the request—
(a) make all reasonable efforts to locate the requested records; and
S. 56B(5)(b) amended by No. 39/2024 s. 18(2).
(b) provide a written declaration to the Donor Conception Registrar stating—
(i) that the person has made all reasonable efforts to locate the requested records; and
(ii) whether the person is in possession of or has control of the requested records.
(6) If the declaration states that the person is in possession of or has control of the requested records, the person must, within 21 days after providing the declaration—
S. 56B(6)(a) amended by No. 39/2024 s. 18(2).
(a) give the records to the Donor Conception Registrar; or
S. 56B(6)(b) amended by No. 39/2024 s. 18(2).
(b) give copies of the records to the Donor Conception Registrar.
S. 56B(7) amended by No. 39/2024 s. 18(2).
(7) A person is not liable for prosecution for an offence, or to a civil action, only for giving records, or copies of records, to the Donor Conception Registrar under subsection (6).
S. 56C (Heading) amended by No. 39/2024 s. 19(1).
S. 56C inserted by No. 6/2016 s. 15.