VICIn ForceAct
Assisted Reproductive Treatment Act 2008
56JDonor Conception Registrar may request additional information in order to identify pre-1998 donor
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56J Donor Conception Registrar may request additional information in order to identify pre-1998 donor
(a) an application has been made under section 56(1) by a person born as a result of a pre-1998 donor treatment procedure; and
(b) there is insufficient information on the Central Register to identify the donor of gametes used in the procedure; and
S. 56J(1)(c) amended by No. 39/2024 s. 23(2).
(c) the Donor Conception Registrar is satisfied that records identifying the donor are not among records from Prince Henry's Institute of Medical Research in the custody of the Public Record Office; and
S. 56J(1)(d) amended by No. 39/2024 s. 23(2).
(d) the applicant consents to the Donor Conception Registrar requesting information under this section.
S. 56J(2) amended by No. 39/2024 s. 23(2).
(2) Subject to subsections (4) and (5), the Donor Conception Registrar may for the purposes of identifying the donor—
(a) request information relating to the donor or to the donor treatment procedure from any person (including a registered ART provider); and
(b) for the purposes of making a request under paragraph (a), disclose to any person information contained on the Central Register.
S. 56J(3) repealed by No. 39/2024 s. 23(3).
S. 56J(4) amended by No. 39/2024 s. 23(4).
(4) The Donor Conception Registrar must not request information under subsection (2)(a) from a child of a person whose name is entered on the Central Register as a donor unless—
S. 56J(4)(a) amended by No. 39/2024 s. 23(4).
(a) the person whose name is entered on the Central Register consents to the Donor Conception Registrar making the request; or
S. 56J(4)(b) amended by No. 39/2024 s. 23(4).
(b) the child has previously initiated contact with the Donor Conception Registrar.
S. 56J(5) amended by No. 39/2024 s. 23(4).
(5) The Donor Conception Registrar must not request under subsection (2)(a) records relating to pre‑1988 donor treatment procedures.
S. 56K (Heading) amended by No. 39/2024 s. 24(1).
S. 56K inserted by No. 6/2016 s. 15.
56K Offence to disclose that Donor Conception Registrar has requested additional information relating to donor or donor treatment procedures
S. 56K(1) amended by No. 39/2024 s. 24(2).
(1) A person who receives a request to which this offence applies must not disclose, whether directly or indirectly, to any other person that the request has been made unless—
(a) the disclosure is reasonably necessary for the purposes of locating the information that is the subject of the request; or
(b) in the case of records, the disclosure is made to the person to whom the requested records relate.
S. 56K(2) amended by No. 39/2024 s. 24(3).
(2) Subsection (1) does not apply to a disclosure of information if the Authority or the Donor Conception Registrar (as the case may be) has not advised the person or the registered ART provider that it is a criminal offence to disclose to any other person that the Authority or the Donor Conception Registrar (as the case may be) has made the request.
S. 56K(3) inserted by No. 39/2024 s. 24(4).
***request to which this offence applies*** means—
(a) a request under section 56J(2) from the Authority that is made before the commencement of section 24 of the **Health Legislation Amendment (Regulatory Reform) Act 2024**; or
(b) a request made by the Donor Conception Registrar under section 56J(2).
S. 56L (Heading) amended by No. 39/2024 s. 25(1).
S. 56L inserted by No. 6/2016 s. 15.