Victorian Numbered Regulations Victorian Numbered RegulationsAfter regulation 9 of the Principal Regulations insert —
For the purposes of section 36(3)(d) of the Act, the following matters are prescribed—
(a) the requirements of the Act relating to—
(i) disclosing the identity of the donor to the Donor Conception Registrar; and
(ii) disclosing information to a person born as a result of a donor treatment procedure following a request for the information from the person;
(b) information about how a person born as a result of a donor treatment procedure may lodge a contact preference;
(c) information about how the donor may obtain identifying information about a person born as a result of a donor treatment procedure, if the person consents;
(d) any issue or concern relating to the donation that is raised by the donor;
Example
Possible consequences for the donor's partner or children.
(e) the limit imposed by section 29 of the Act in relation to the use of the donor's gametes or embryo produced from the donor's gametes;
(f) the operation of the Act in relation to—
(i) the withdrawal or lapsing of the donor's consent; and
(ii) consent for extending the storage of an embryo; and
(iii) consent for removing an embryo from storage;
(g) the possible consequences for the donor if a person born as a result of a donor treatment procedure carried out using the donor's gametes or an embryo produced from the donor's gametes lives in—
(i) another State or a Territory; or
(ii) another country.
For the purposes of section 36(3)(e) of the Act, the following matters are prescribed—
(a) the donor's unique donor identifier (if any);
(b) the donor's full name;
(c) any other name by which the donor is or has been known;
(d) the donor's date of birth;
(e) the donor's place of birth (suburb or town and country);
(f) the donor's sex;
(g) the donor's residential address;
(h) the donor's phone number;
(i) the date on which the donor produced the gametes;
(j) the place at which the donor produced the gametes;
(k) the ethnic background of the donor's parents and grandparents, if known;
(l) the donor's height;
(m) the donor's build;
(n) the donor's blood group;
(o) any known genetic abnormality of the donor and, if available, any results of tests undertaken in relation to that abnormality;
(p) the number of women who have given birth to children conceived using the donor's gametes or an embryo produced from the donor's gametes, including any current or former partner of the donor;
(q) whether the donor has donated, or intends to donate, gametes or an embryo to any other registered ART provider or to a doctor and, if so—
(i) the name and address of that registered ART provider; or
(ii) the full name and business address of that doctor;
(r) the date on which the donor received the counselling referred to in section 36(3)(d) of the Act and the name of the counsellor who provided the counselling.
For the purposes of section 36(3)(h) of the Act, the following matters are prescribed—
(a) the person has obtained a written undertaking from the person transferring the donor gametes or embryo produced from donor gametes (the transferring party ) or the donor, that the transferring party or the donor will notify the person as soon as practicable of—
(i) any change to or withdrawal of the donor's consent; and
(ii) any change to the donor's information provided under section 36(3)(e) of the Act;
(b) the person has obtained a written undertaking from—
(i) the transferring party that the transferring party will take all reasonable steps to give the donor written notice as soon as practicable of—
(A) the name and contact details of the registered ART provider receiving the donor gametes or embryo; or
(B) the name and contact details of the doctor carrying out artificial insemination using the donor gametes; or
(ii) the person receiving the donor gametes or embryo produced from donor gametes (the receiving party ) that the receiving party has provided written notice to the donor of—
(A) the name and contact details of the registered ART provider receiving the donor gametes or embryo; or
(B) the name and contact details of the doctor carrying out artificial insemination using the donor gametes;
(c) if the person is a registered ART provider or a doctor carrying out artificial insemination using the donor gametes, the person will use the unique donor identifier from the transferring party so far as is reasonably practicable;
(d) the person has sighted—
(i) the donor's passport, driver licence or any other identification document displaying the donor's photograph and signature; or
(ii) a certified copy of the donor's passport, driver licence or any other identification document displaying the donor's photograph and signature;
(e) the person has received—
(i) the donor's email address (if any); and
(ii) the donor's postal address;
(f) the person has received information about whether the donor has donated, or intends to donate, gametes or an embryo to a person (other than a registered ART provider or a doctor) including an individual for the purposes of self-insemination.
For the purposes of section 36(4)(c) of the Act, the following matters are prescribed—
(a) the person has provided the person receiving the donor gametes or embryo produced from donor gametes (the receiving party ) with a copy of the donor's consent under section 16 of the Act or evidence that the donor has provided the relevant consent;
(b) the person has sighted—
(i) the donor's passport, driver licence or any other identification document displaying the donor's photograph and signature; or
(ii) a certified copy of the donor's passport, driver licence or any other identification document displaying the donor's photograph and signature;
(c) the person has provided the receiving party with the following information about the donor—
(i) the donor's unique donor identifier (if any);
(ii) the donor's full name;
(iii) any other name by which the donor is or has been known;
(iv) the donor's date of birth;
(v) the donor's place of birth (suburb or town and country);
(vi) the donor's sex;
(vii) the donor's residential address;
(viii) the donor's phone number;
(ix) the date on which the donor produced the gametes;
(x) the place at which the donor produced the gametes;
(xi) the donor's blood group;
(xii) any known genetic abnormality of the donor and, if available, any results of tests undertaken in relation to that abnormality;
(xiii) the number of women who have given birth to children conceived using the donor's gametes or an embryo produced from the donor's gametes, including any current or former partner of the donor;
(xiv) whether the donor has donated, or intends to donate, gametes or an embryo to any other registered ART provider or to a doctor and, if so—
(A) the name and address of that registered ART provider; or
(B) the full name and business address of that doctor;
(d) if the person is a registered ART provider and the donor gametes were or the embryo produced from the donor's gametes was not produced at the premises of the registered ART provider, the person has provided the receiving party with the date on which the gametes were or the embryo was received by the person;
(e) if the person is a registered ART provider, the person has provided the receiving party with the following information about the donor—
(i) the date on which the person has sighted—
(A) the donor's passport, driver licence or any other identification document displaying the donor's photograph and signature; or
(B) a certified copy of the donor's passport, driver licence or any other identification document displaying the donor's photograph and signature;
(ii) the number of children born as a result of a treatment procedure carried out by the person using the donor's gametes or an embryo produced from the donor's gametes;
(f) if the person is a doctor carrying out artificial insemination using the donor gametes, the person has provided the receiving party with the following information about the donor—
(i) the date on which the donor gametes were received by the person;
(ii) the date on which the donor received counselling under section 18 of the Act and the name of the counsellor who provided the counselling;
(iii) the number of children born as a result of artificial insemination carried out by the person using the donor's gametes;
(g) the person has received the name and contact details of the receiving party;
(h) the person has provided written notice to the donor of the name and contact details of the receiving party;
(i) the person has taken all reasonable steps to ensure that, at the time of certification, the limit imposed by section 29 of the Act in relation to the use of the gametes or embryo has not been reached.
For the purposes of section 36(6)(a) of the Act, the prescribed form of—
(a) a certification made under section 36(3) of the Act is the form set out in Schedule 7; and
(b) a certification made under section 36(4) of the Act is the form set out in Schedule 8.
(1) For the purposes of section 37(1) of the Act, the prescribed form is the form set out in Schedule 9.
(2) For the purposes of section 37(3)(c) of the Act, the prescribed provision is section 37E of the Act.
(1) For the purposes of section 37B(2) of the Act, the following matters are prescribed in relation to a certification made under section 36(3) of the Act—
(a) a copy of the certification;
(b) a copy of the donor's consent provided in accordance with section 36(3)(c) of the Act, or if an exemption has been granted in relation to section 32(2)(c) or (3) of the Act, evidence that any conditions to which the exemption is subject have been complied with;
(c) evidence that the donor received counselling in accordance with section 36(3)(d) of the Act, or if an exemption has been granted in relation to section 18 of the Act, evidence that any conditions to which the exemption is subject have been complied with;
(d) the name and contact details of the person transferring the donor gametes or embryo produced from donor gametes including the country in which the person transferring the donor gametes or embryo produced from the donor gametes is located;
(e) the information given by the donor under section 36(3)(e) of the Act, or if an exemption has been granted in relation to section 19(a) of the Act, evidence that any conditions to which the exemption is subject have been complied with;
(f) details of the donor gametes or embryo produced from donor gametes including—
(i) the number of straws, vials or containers of donor sperm; and
(ii) the number of donor oocytes; and
(iii) the number of embryos produced from donor gametes;
(g) details of the intended transport or movement of the donor gametes or embryo produced from donor gametes into Victoria at the time of certification, including the date and method of transportation or movement.
(2) For the purposes of section 37B(2) of the Act, the following matters are prescribed in relation to a certification made under section 36(4) of the Act—
(a) a copy of the certification;
(b) a copy of the donor's consent under section 16 of the Act or evidence that the donor has provided the relevant consent;
(c) the name and contact details of the person receiving the donor gametes or embryo produced from donor gametes including the country in which the person receiving the donor gametes or embryo produced from the donor gametes is located;
(d) details of the donor gametes or embryo produced from donor gametes including—
(i) the number of straws, vials or containers of donor sperm; and
(ii) the number of donor oocytes; and
(iii) the number of embryos produced from donor gametes;
(e) details of the intended transport or movement of the donor gametes or embryo produced from donor gametes from Victoria at the time of certification, including the date and method of transportation or movement.
(3) For the purposes of section 37B(2) of the Act, the prescribed period is 25 years after the date on which the certification is made.
(1) For the purposes of section 37E of the Act, a person (other than a person who has been exempted under section 37 of the Act from compliance with section 37E of the Act) must not bring donor gametes, or an embryo produced from donor gametes, into Victoria from a prohibited location.
(2) The Secretary, by notice published in the Government Gazette, may declare a country or geographic location to be a prohibited location for the purposes of subregulation (1) if in the Secretary's opinion—
(a) there is ongoing armed conflict or political unrest in the country or geographic location; and
(b) it is unlikely that requirements under the Act relating to consent or record‑keeping requirements can be complied with because of the ongoing armed conflict or political unrest.
(3) A declaration under subregulation (2) takes effect on—
(a) the day the declaration is published in the Government Gazette; or
(b) a later day specified in the declaration.".