Surrogacy Regulation 2016

This Regulation is the Surrogacy Regulation 2016.

This Regulation commences on the day on which it is published on the NSW legislation website.

Note.

This Regulation repeals and replaces the Surrogacy Regulation 2011, which would otherwise be repealed on 1 September 2016 by section 10 (2) of the Subordinate Legislation Act 1989.

In this regulation—

the Act means the Surrogacy Act 2010.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

Each of the following orders is declared to be an Interstate parentage order under section 4 (1) of the Act—

an order under section 26 of the Parentage Act 2004 of the Australian Capital Territory,

an order under section 22 of the Surrogacy Act 2010 of Queensland,

an order under section 10HB of the Family Relationships Act 1975 of South Australia,

an order under section 16 or 22 of the Surrogacy Act 2012 of Tasmania,

an order under section 22 of the Status of Children Act 1974 of Victoria,

an order under section 21 of the Surrogacy Act 2008 of Western Australia.

Each of the following laws is declared to be an Interstate surrogacy law under section 4 (1) of the Act—

Parentage Act 2004 of the Australian Capital Territory,

Surrogacy Act 2010 of Queensland,

Family Relationships Act 1975 of South Australia,

Surrogacy Act 2012 of Tasmania,

Status of Children Act 1974 of Victoria,

Surrogacy Act 2008 of Western Australia.

For the Act, section 4(1), definition of qualified counsellor, to exercise the functions of a counsellor for a surrogacy arrangement entered into in Australia, a person must—

hold a qualification conferred by a university, whether within or outside New South Wales, after the equivalent of at least 3 years full-time study, and

have specialised knowledge, based on the person’s training, study or experience, of the social and psychological implications of a surrogacy arrangement, and

be one or more of the following—

a medical practitioner who is a psychiatrist,

a registered psychologist,

eligible for membership of the Australian Association of Social Workers or the Aotearoa New Zealand Association of Social Workers,

a full member of, or eligible for full membership of, the Australian and New Zealand Infertility Counsellors Association.

Note—

This clause applies to a counsellor preparing an assessment report in relation to a surrogacy arrangement under the Assisted Reproductive Technology Act 2007, section 15A.

For the Act, section 4(1), definition of qualified counsellor, to exercise the functions of a counsellor for a surrogacy arrangement entered into outside Australia, a person must—

hold a qualification conferred by a university, whether within or outside New South Wales, after the equivalent of at least 3 years full-time study, and

have specialised knowledge, based on the person’s training, study or experience, of the social and psychological implications of a surrogacy arrangement, and

be one or more of the following—

a medical practitioner who is a psychiatrist,

a registered psychologist,

eligible for membership of the Australian Association of Social Workers or the Aotearoa New Zealand Association of Social Workers,

a full member of, or eligible for full membership of, the Australian and New Zealand Infertility Counsellors Association,

authorised to practise as a psychiatrist by a law of a jurisdiction outside Australia,

authorised to practise as a psychologist by a law of a jurisdiction outside Australia,

authorised to undertake social work by a law of a jurisdiction outside Australia.

For the Act, section 4(1), definition of qualified counsellor, to exercise the functions of a counsellor under the Act, section 17, a person must—

meet the requirements in clause 6 or 6A, and

have specialised knowledge, based on the person’s training, study or experience, that enables the person to give opinion evidence as to the matters referred to in the Act, section 17.

Note 1—

The requirements of this clause apply to a counsellor who gives an independent counsellor’s report in relation to proceedings for a parentage order as referred to in the Act, section 17.

Note 2—

See also the Evidence Act 1995, section 79.

Clauses 6 and 7, as in force before the commencement day, continue to apply to a person engaged to exercise the functions of a qualified counsellor under the Act before the commencement day.

Clauses 6A and 6B, as inserted by the amending regulation, apply to a person engaged to exercise the functions of a qualified counsellor under the Act in relation to a surrogacy arrangement entered into outside Australia before the commencement day.

In this clause—

amending regulation means the Surrogacy Amendment (Qualified Counsellors) Regulation 2025.

commencement day means the day on which the amending regulation commences.

engaged, to exercise the functions of a qualified counsellor, includes the booking of an initial appointment with the counsellor.

The Surrogacy Regulation 2011 is repealed.

Any act, matter or thing that, immediately before the repeal of the Surrogacy Regulation 2011, had effect under that Regulation continues to have effect under this Regulation.