56MDonor Conception Registrar may request genetic test results of relative of suspected donor

56M Donor Conception Registrar may request genetic test results of relative of suspected 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 S. 56M(1)(b) amended by No. 39/2024 s. 26(2). (b) the Donor Conception Registrar reasonably believes that a person whose name is entered on the Central Register as a donor may be the donor of gametes used in the procedure; and S. 56M(1)(c) amended by No. 39/2024 s. 26(2). (c) the Donor Conception Registrar has— (i) made a request under section 56L(2) of the person whose name is entered on the Central Register; or (ii) made all reasonable efforts to locate the person whose name is entered on the Central Register for the purposes of making a request under section 56L(2). S. 56M(2) amended by No. 39/2024 s. 26(2). (2) Subject to subsection (3), the Donor Conception Registrar may, for the purposes of establishing a genetic link between the person whose name is entered on the Central Register and the applicant, request that an adult blood relative of the person whose name is entered on the Central Register— S. 56M(2)(a) amended by No. 39/2024 s. 26(2). (a) undergo genetic testing at a place specified by the Donor Conception Registrar; and (b) consent to the comparison of the results of the genetic testing described in paragraph (a) with a DNA profile or genetic test results relating to the applicant; and S. 56M(2)(c) amended by No. 39/2024 s. 26(2). (c) consent to the results of the comparison described in paragraph (b) being given to the Donor Conception Registrar. S. 56M(3) amended by No. 39/2024 s. 26(2). (3) The Donor Conception Registrar may make a request under subsection (2) only if— (a) the person whose name is entered on the Central Register is deceased; or (b) the person whose name is entered on the Central Register is considered to be a missing person by Victoria Police, the police force of any other State or a territory or the Australian Federal Police; or S. 56M(3)(c) amended by No. 39/2024 s. 26(2). (c) the Donor Conception Registrar considers that there are exceptional circumstances that justify making a request under subsection (2) in the particular case. S. 56M(4) amended by No. 39/2024 s. 26(2). (4) If the Donor Conception Registrar intends to make a request under subsection (2) on the basis that there are exceptional circumstances that justify making the request, the Donor Conception Registrar must make all reasonable efforts to give notice of the intended request to the person whose name is entered on the Central Register. S. 56M(5) amended by No. 39/2024 s. 26(2). (5) If a person is given notice under subsection (4) of an intended request, that person may apply to VCAT for a review of the decision of the Donor Conception Registrar to make the intended request. (6) An application to VCAT must be made— (a) if the person does not request reasons for the decision under section 45 of the **Victorian Civil and Administrative Tribunal Act 1998**, within 28 days of receiving the notice under subsection (4); or (b) if the person does request reasons for the decision under section 45 of the **Victorian Civil and Administrative Tribunal Act 1998**, within 28 days of receiving the written reasons under that Act. S. 56M(7) amended by No. 39/2024 s. 26(3)(a). (7) If notice of an intended request is given under subsection (4), the Donor Conception Registrar may make that request only if— S. 56M(7)(a) amended by No. 39/2024 s. 26(3)(b). (a) the person does not apply for a review of the decision of the Donor Conception Registrar to make the intended request within the period set out in subsection (6)(a) or (b); or S. 56M(7)(b) amended by No. 39/2024 s. 26(3)(c). (b) VCAT has reviewed the Donor Conception Registrar's decision to make the intended request and has confirmed the Donor Conception Registrar's decision. S. 56N (Heading) amended by No. 39/2024 s. 27(1). S. 56N inserted by No. 6/2016 s. 15.