NORTHERN TERRITORY OF AUSTRALIA
STATUS OF CHILDREN REGULATIONS 1996
As in force at 1 March 2011
Table of provisions
Part 1 General
1 Citation ............................................................................................ 1
2 Interpretation ................................................................................... 1
3 Parentage testing procedures.......................................................... 2
4 Compliance with Regulations .......................................................... 2
Part 2 Collection, storage and testing of samples
5 Samplers ......................................................................................... 2
6 Provision of information by donor .................................................... 3
7 Collection of blood samples ............................................................. 3
8 Collection of bodily samples for DNA typing .................................... 4
9 Container to be sealed and labelled ................................................ 4
10 Statement by sampler ...................................................................... 5
11 Packing and storage requirements .................................................. 6
12 Testing bodily samples .................................................................... 6
Part 3 Reports
13 Reports ............................................................................................ 7
Part 4 Miscellaneous
14 Notification of accredited laboratories and nominated reporters ...... 7
15 Fee for instruments filed with Registrar ........................................... 7
16 Repeal ............................................................................................. 7
Schedule
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 March 2011
STATUS OF CHILDREN REGULATIONS 1996
Regulations under the Status of Children Act 1978
Part 1 General
1 Citation
These Regulations may be cited as the Status of Children
Regulations 1996.
2 Interpretation
(1) In these Regulations, unless the contrary intention appears:
bodily sample is not limited to a sample of blood.
donor means the person required to provide a bodily sample for
the purposes of a parentage testing procedure.
HLA means human leucocyte antigen.
NATA means the National Association of Testing Authorities of the
Commonwealth.
nominated reporter means the person nominated by a laboratory
to prepare a report relating to the information obtained as a result of
carrying out a parentage testing procedure at that laboratory.
report means a report in accordance with regulation 13.
sample means a sample taken from a donor for the purposes of a
parentage testing procedure.
sampler means a person who takes a bodily sample from a donor
for the purposes of a parentage testing procedure.
testing means the implementation, or a part of the implementation,
of a parentage testing procedure.
(2) In these Regulations, a reference to a form by number is a
reference to the form so numbered in the Schedule.
Part 2 Collection, storage and testing of samples
Status of Children Regulations 1996 2
3 Parentage testing procedures
For the purposes of the definition of parentage testing procedure
in section 3 of the Act, the following medical procedures are
prescribed:
(a) red cell antigen blood grouping;
(b) red cell enzyme grouping;
(c) HLA tissue typing;
(d) testing for serum markers;
(e) DNA typing.
4 Compliance with Regulations
A parentage testing procedure is taken to be carried out in
accordance with these Regulations if:
(a) it is carried out:
(i) in compliance with Part 2;
(ii) at a laboratory that is accredited by NATA for the
purpose of carrying out parentage testing procedures;
and
(iii) in accordance with standards of practice that entitle the
laboratory to be so accredited; and
(b) it is supplemented by a report under Part 3.
Part 2 Collection, storage and testing of samples
5 Samplers
A person shall not take a bodily sample from a donor for the
purposes of a parentage testing procedure unless:
(a) the person is a medical practitioner; or
(b) the person is employed by a hospital, a pathology practice, a
parentage testing practice or a medical practitioner for the
purpose of taking a bodily sample from a donor.
Part 2 Collection, storage and testing of samples
Status of Children Regulations 1996 3
6 Provision of information by donor
(1) A sampler shall not take a bodily sample from a donor before the
donor or, if appropriate, a person described in subregulation (3),
has:
(a) completed an affidavit in accordance with Form 1; and
(b) either:
(i) provided to the sampler a recent photograph of the
donor, measuring approximately 45 millimetres by 35
millimetres, that shows a full face view of the donor's
head and the donor's shoulders against a plain
background; or
(ii) made a written arrangement with the sampler for a
photograph of that kind to be taken.
(2) Immediately before the sampler takes the bodily sample from the
donor, the donor shall complete a declaration in accordance with
Form 2.
(3) The affidavit referred to in subregulation (1)(a) and the declaration
referred to in subregulation (2):
(a) where the donor is a person under the age of 18 years – may
be completed by a person who is responsible for the long-term
care, welfare and development of that person; or
(b) where the donor is a person who is suffering from a mental
disability – shall be completed by:
(i) a trustee or manager in relation to the person under a
law of the State or Territory of the Commonwealth
whose laws apply to the person; or
(ii) a person who is responsible for the care, welfare and
development of the person suffering from a mental
disability.
7 Collection of blood samples
(1) A sampler may take a sample of blood from a donor only with a
needle or syringe that:
(a) has not been used for any purpose;
(b) has been sterilised; and
Part 2 Collection, storage and testing of samples
Status of Children Regulations 1996 4
(c) is disposable.
(2) Before taking a sample of blood from a donor, the sampler shall
ensure that the area of the donor's skin into which the needle is to
be inserted to withdraw the blood has been cleaned with an
antiseptic.
8 Collection of bodily samples for DNA typing
(1) This regulation applies to the taking of a bodily sample (except a
sample of blood) from a donor for the purposes of a parentage
testing procedure that is DNA typing.
(2) A sampler shall not take a bodily sample from a donor with a swab
unless the swab:
(a) has not been used for any purpose, and
(b) has been sterilised.
(3) A sampler shall not take a body sample from a donor that is a skin
scraping or a hair root unless the implement used by the sampler to
take the sample has been sterilised before use.
9 Container to be sealed and labelled
(1) If a bodily sample is taken from a donor, the sampler shall ensure
that:
(a) the sample is placed in a container:
(i) immediately after it is taken; and
(ii) in the presence of the donor;
(b) the container has not previously been used for any purpose;
(c) the container is sealed in a way that, if it were opened after
being sealed, that fact would be evident on inspection of the
container;
(d) the container is labelled in a way that:
(i) if the label, or part of the label, were removed; or
(ii) if writing on the label were impaired by alteration or
erasure,
the removal of the label or the impairment would be evident on
inspection of the container;
Part 2 Collection, storage and testing of samples
Status of Children Regulations 1996 5
(e) the particulars on the label are inscribed in ink and include:
(i) the full name of the donor;
(ii) the date of birth and sex of the donor; and
(iii) the date and time at which the sample was taken; and
(f) when paragraph (e) is complied with – the sampler and the
donor sign the label in ink.
(2) If the donor is a person under the age of 18 years, the procedures
specified in subregulation (1)(a) and (f) may be completed in the
presence of the person who is responsible for the long-term care,
welfare and development of the person under the age of 18 years.
(3) If the donor is a person who is suffering from a mental disability:
(a) the procedure specified in subregulation (1)(a) shall be
completed in the presence of:
(i) a trustee or manager in relation to the person under a
law of a State or Territory of the Commonwealth whose
laws apply to the person; or
(ii) a person who is responsible for the care, welfare and
development of the person suffering from a mental
disability; and
(b) the procedure specified in subregulation (1)(f) is taken to be
complied with only if the label is signed:
(i) by a trustee or manager in relation to the person under a
law of a State or Territory of the Commonwealth whose
laws apply to the person; or
(ii) by a person who is responsible for the care, welfare and
development of the person suffering from a mental
disability.
10 Statement by sampler
After taking a bodily sample from a donor, the sampler shall:
(a) complete a statement in accordance with Form 3;
(b) affix the photograph of the donor referred to in
regulation 6(1)(b)(i) to the statement; and
Part 2 Collection, storage and testing of samples
Status of Children Regulations 1996 6
(c) sign his or her name partly on the photograph and partly on
the statement in a way that, if the photograph were later
removed from the statement, the removal would be evident
from inspection of the statement.
11 Packing and storage requirements
(1) A bodily sample shall be packed, stored and transported to a
laboratory for testing in a manner that:
(a) will preserve the integrity of the sample; and
(b) ensures that the testing of the sample will produce the same
results as would have been obtained if the sample had been
tested immediately after collection.
(2) The sampler shall ensure that the following documents are sent to
the laboratory with the sample:
(a) the affidavit completed under regulation 6(1)(a);
(b) the declaration completed under regulation 6(2);
(c) the statement completed under regulation 10.
12 Testing bodily samples
(1) A laboratory to which a bodily sample has been sent for testing
shall ensure that the testing is completed, where the proposed
parentage testing procedure is:
(a) red cell antigen blood grouping, red cell enzyme blood
grouping or testing for serum markers – within 6 days after the
sample is taken;
(b) HLA tissue typing – within 3 days after the sample is taken; or
(c) DNA typing – within a reasonable time after the sample is
taken.
(2) If the proposed parentage testing procedure is red cell enzyme
blood grouping or testing for serum markers, subregulation (1)(a) is
complied with if a dried sample of the bodily sample to be tested is
prepared within 6 days after the sample is taken from the donor.
Part 4 Miscellaneous
Status of Children Regulations 1996 7
Part 3 Reports
13 Reports
(1) For the purposes of section 15 of the Act, a report shall be
prepared, in accordance with this regulation, relating to the
information obtained as a result of carrying out a parentage testing
procedure.
(2) The report shall be in accordance with Form 4.
(3) Part 1 of the report shall be completed by the nominated reporter
identified in the report.
(4) Part 2 of the report shall be completed by:
(a) the person who carried out the parentage testing procedure;
or
(b) the person under whose supervision the parentage testing
procedure was carried out.
(5) A report completed otherwise than in accordance with this
regulation is of no effect.
Part 4 Miscellaneous
14 Notification of accredited laboratories and nominated
reporters
The Attorney-General shall publish in the Gazette the names of
laboratories accredited by NATA to carry out parentage testing
procedures and the nominated reporter for each accredited
laboratory.
15 Fee for instruments filed with Registrar
For the purposes of section 10(1) of the Act, the prescribed fee is
$50.00.
16 Repeal
The Status of Children Regulations (No. 17 of 1979) are repealed.
Schedule
Status of Children Regulations 1996 8
Schedule
FORM 1
regulation 6(1)
PARENTAGE TESTING PROCEDURE
AFFIDAVIT BY/IN RELATION TO DONOR
NAME OF CHILD WHOSE PARENTAGE IS IN ISSUE:
(child's name)
I, (name), of (address), (occupation), make oath and say:
PART 1
Part 1 must be completed if the person making the affidavit is the donor
My racial background is (give details).
In the last 2 years:
(a) I *have/*have not suffered from leukaemia.
(b) I *have/*have not received a bone marrow transplant.
*4. The particulars of the *leukaemia/*bone marrow transplant are as
follows: (give particulars)
I *have/*have not received a transfusion of blood or a blood product
within the last 6 months.
*6. The particulars of the transfusion of blood or blood product are as
follows: (give particulars)
PART 2
Part 2 must be completed if the person making the affidavit is the donor
I am the (relationship or other status in relation to the donor) of (name
of donor) who was born on (date of birth of donor).
(name of donor) is a person whose racial background is (give details)
In the last 2 years:
(a) the donor *has/*has not suffered from leukaemia.
(b) the donor *has/*has not received a bone marrow transplant.
Schedule
Status of Children Regulations 1996 9
*5. The particulars of the *leukaemia/*bone marrow transplant are as
follows: (give particulars)
6. The donor *has/*has not received a transfusion of blood or a blood
product within the last 6 months.
*7. The particulars of the transfusion of blood or blood product are as
follows: (give particulars)
Made at [place] ________________ on [date] ________________
By [signature of deponent] ___________________________________
Witnessed by
Signature ______________________________________
Justice of the peace / commissioner for oaths
Name ______________________________________
Address or phone no. _____________________________________
Delete if inapplicable.
Schedule
Status of Children Regulations 1996 10
FORM 2
regulation 6(2)
PARENTAGE TESTING PROCEDURE
DECLARATION BY/IN RELATION TO DONOR
PART 1
Part 1 must be completed if the person making the declaration is the donor
I, (name), of (address), (occupation), declare that I *have/*have not received a
transfusion of blood or a blood product since I signed the affidavit required by
regulation 6(1) of the Status of Children Regulations 1996 in respect of this
parentage testing procedure.
PART 2
Part 2 must be completed if the person making the declaration is not the
donor
I, (name), of (address), (occupation), declare that:
I am the (state relationship or other status in relation to the donor) of
(name of donor) who was born on (date of birth of donor).
The donor *has/*has not received a transfusion of blood or a blood
product since I/(name of person who signed the affidavit required by
regulation 6(1) of the Status of Children Regulations 1996) signed the
affidavit required by regulation 6(1) of the Status of Children
Regulations 1996 in respect of this parentage testing procedure.
Dated 19 .
(Signature of person completing declaration)
Delete if inapplicable.
Schedule
Status of Children Regulations 1996 11
FORM 3
regulation 10
PARENTAGE TESTING PROCEDURE
COLLECTION OF BODILY SAMPLES
STATEMENT BY SAMPLER
NAME OF CHILD WHOSE PARENTAGE IS IN ISSUE:
(child's name)
I, (name of sampler), of (professional address), (occupation), took the
*bodily sample/*bodily samples specified below at (time) *am/*pm on
(date) at (place of collection) from the following *person/*persons:
(a) (name of person, type of bodily sample and person's photograph);
*(b) (name of person, type of bodily sample and person's photograph);
*(c) (name of person, type of bodily sample and person's photograph);
*(d) (name of person, type of bodily sample and person's photograph);
When I took the *bodily sample/*bodily samples specified above, I
strictly observed the procedures provided under the Status of Children
Regulations 1996.
I placed the *bodily sample/*each of the bodily samples specified
above in a container that was immediately sealed and then labelled in
accordance with regulation 9 of the Status of Children
Regulations 1996.
Dated 19 .
(Signature of sampler)
Delete if inapplicable.
Schedule
Status of Children Regulations 1996 12
FORM 4
regulation 13
PARENTAGE TESTING PROCEDURE
REPORT
NAME OF CHILD WHOSE PARENTAGE IS IN ISSUE:
(child's name)
PART 1
I, (name of nominated reporter), of (address), (occupation), am a
person nominated by the laboratory specified below to prepare a report
for the purposes of section 15 of the Status of Children Act 1978.
I report that *a parentage testing procedure/ *parentage testing
procedures being:
*(a) red cell antigen blood grouping;
*(b) red cell enzyme blood grouping;
*(c) testing for serum markers;
*(d) HLA tissue typing;
*(e) DNA typing,
*has/*have been carried out on the bodily *sample/ *samples contained
in the sealed *container/ *containers bearing the *name/*names of the
following *donor/*donors:
(a) (donor's name, date of birth and relationship to child whose
parentage is in issue);
*(b) (donor's name, date of birth and relationship to child whose
parentage is in issue);
*(c) (donor's name, date of birth and relationship to child whose
parentage is in issue);
*(d) (donor's name, date of birth and relationship to child whose
parentage is in issue).
Each bodily sample referred to in item 2 is the same bodily sample as
the bodily sample specified in the statement completed on (date) by
(name of sampler) in accordance with Form 3 in the Status of Children
Regulations 1996.
Schedule
Status of Children Regulations 1996 13
4. The parentage testing *procedure was/*procedures were carried out at
(name of *laboratory/ *laboratories).
5. The results of the parentage testing *procedure/ *procedures are set
out in Part 2 of this report.
*6. I report that the results of the parentage testing *procedure/*procedures
carried out on the bodily *sample/*samples of the donors specified
above show that (name of putative parent) is not excluded from
identification as the *father/*mother of (name of child whose parentage
is in issue).
*7 I further report that the probability that (name of putative parent) is the
genetic *father/*mother of (name of child whose parentage is in issue)
has been calculated as follows:
*Paternity/*Maternity Index (figure) to 1
Relative chance of *Paternity/*Maternity
(percentage) %
*6. I report that the results of the parentage testing *procedure/*procedures
carried out on the bodily *sample/*samples of the donors specified
above show that (name of putative parent) is excluded from
identification as the *father/*mother of (name of child whose parentage
is in issue).
*7. I further report that the exclusion is based on contradictions of the laws
of genetic inheritance in (amount) of the (amount) genetic markers:
(names of the genetic markers and whether the contradictions are of
the first or second order).
*8. I further report (if necessary, provide further explanation of results
detailed in items 6 and 7).
Dated 19 .
(Signature of nominated reporter)
PART 2
The bodily *sample/*samples referred to in Part 1 of this report were
received at (name of laboratory at which parentage testing *procedure
was/*procedures were carried out) on (date).
Schedule
Status of Children Regulations 1996 14
2. The following identification *number was/*numbers were allocated
respectively to the bodily *sample/*samples in the
*container/*containers in respect of which the parentage testing
*procedure was/*procedures were carried out:
(a) (name of donor and identification number);
*(b) (name of donor and identification number);
*(c) (name of donor and identification number);
*(d) (name of donor and identification number).
3. The results obtained from the parentage testing
*procedure/*procedures are: (set out the results).
Complete this item if the parentage testing procedure carried out was red cell
antigen blood grouping, red cell enzyme blood grouping, HLA tissue typing or
testing for serum markers
*4. The results set out above in item 3 refer to the parentage testing
*procedure/*procedures carried out *by me/*under my supervision on
(date). The bodily *sample was/*samples were tested with the same
reagents and in parallel with appropriate known controls. Results from
controls show that all reagents were of correct specificity and normal
potency. I am satisfied that the results obtained are true and that they
have been correctly transcribed from the laboratory workbooks.
Complete this item if the parentage testing procedure carried out was DNA
typing
*4. The results set out above in item 3 refer to the parentage testing
*procedure/*procedures carried out *by me/*under my supervision on
(date). The bodily *sample was/*samples were tested with the same
probes/primers and in parallel with appropriate known controls.
Fragment length and/or hybridisation patterns were in accordance with
scientifically accepted standards. I am satisfied that the results
obtained have been correctly coded from the fragment and/or
hybridisation pattern and that they have been correctly transcribed from
the laboratory workbooks.
Dated 19 .
(Signature of person who carried
out parentage testing procedure
or person under whose
supervision parentage testing
procedure was carried out)
Delete if inapplicable.
ENDNOTES
Status of Children Regulations 1996 15
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Status of Children Regulations (SL No. 29, 1996)
Notified 1 July 1996
Commenced 1 July 1996
Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,
2010)
Assent date 18 November 2010
Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations
Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,
p 4)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: r 1 and Sch.
4 LIST OF AMENDMENTS
sch amd Act No. 40, 2010, s 163