Assisted Reproductive Treatment Regulations 2024

These regulations may be cited as the

Assisted Reproductive Treatment

Regulations 2024.

These regulations come into operation on the day on which section 5 of the Assisted

Register) Amendment Act 2024 comes into operation.

In these regulations—

Act means the Assisted Reproductive Treatment

Act 1988;

adult means an individual of or above the age of

18 years;

guardian, of a minor, means the legal guardian of the minor (other than a parent);

minor means an individual who is under 18 years of age;

NHMRC means the National Health and Medical

Research Council established under the National Health and Medical Research Council

Act 1992 of the Commonwealth;

NHMRC guidelines means the Ethical Guidelines on the Use of Assisted Reproductive

Technology in Clinical Practice and Research 2017 published by the NHMRC, as in force from time to time;

registration, in relation to a person, means registration under Part 2 of the Act;

RTAC means the Reproductive Technology

Accreditation Committee of the Fertility Society of Australia and New

Zealand;

RTAC licence means a licence to provide assisted reproductive treatment (however described) issued by RTAC.

Nothing in the Act requires a registered person to provide assisted reproductive treatment to another person (whether or not assisted reproductive treatment may, pursuant to section 9(1)(c) of the Act, be provided in the particular circumstances of the person's case).

For the purposes of section 5(1) of the Act, a person is authorised to provide assisted reproductive treatment if the person holds a current RTAC licence.

For the purposes of section 6(1)(b) of the Act, a current

RTAC licence is required for the purposes of registration.

For the purposes of section 8(2)(c) of the Act, the following information is prescribed:

the address of each premises at which the person provides assisted reproductive treatment;

the date on which the person's RTAC licence expires;

the URL of any website maintained by or on behalf of the person in relation to the provision of assisted reproductive treatment;

the principal business email address used by or on behalf of the person in relation to the provision of assisted reproductive treatment.

For the purposes of section 9(1)(c)(v) of the Act, assisted reproductive treatment may be provided in circumstances where—

a woman who would be the mother of any child born as a consequence of the assisted reproductive treatment; or

a man who is living with a woman (on a genuine domestic basis) who would be the mother of any child born as a consequence of the assisted reproductive treatment, is suffering from an illness or other medical condition that may result in, or the appropriate treatment of which may result in, the woman or man becoming infertile at a future time.

For the purposes of section 9(1)(e) of the Act, the Minister must impose the following conditions on the registration of a person:

a condition requiring the person to comply with the NHMRC guidelines;

a condition requiring the person to provide specified information to the Minister from time to time in a manner and form determined by the

Minister.

In the event of an inconsistency between a provision of the NHMRC guidelines and a condition imposed on the registration of a person (whether under the Act or otherwise), the provision of the NHMRC guidelines is, to the extent of the inconsistency, void and of no effect.

For the purposes of section 18 of the Act—

a condition imposed on the registration of a person (whether under the Act or otherwise); or

a provision of the NHMRC guidelines, that requires or authorises a person—

to disclose the identity of a donor of human reproductive material;

or

to divulge personal information obtained (whether by that person or some other person) for the purpose, or in the course, of providing assisted reproductive treatment, will be taken to be a requirement or authorisation under the

Act.

In this Part—

contact information, in relation to a person, means any of the following information:

the person's telephone number;

the person's email address;

any other information by which the person may be contacted (other than the person's address);

donor has the same meaning as in section 15 of the Act;

identifying information, about a person, means any of the following information:

the person's name;

the person's date of birth;

the person's contact information;

a photograph of the person;

any other information from which the person's identity is apparent or can reasonably be ascertained;

personal biographical information, in relation to a person, includes the following information:

a biographical statement about the person, including information about the person's family;

photographs and video recordings of the person;

personal characteristics (such as height, weight, eye colour, skin colour);

medical information about the person.

A reference in this Part to human reproductive material used in assisted reproductive treatment will be taken to include human reproductive material used in relation to assisted reproductive treatment.

Subject to subregulation (2), the donor conception register must contain the following information in relation to each donor:

any personal biographical information and contact information about, and provided for inclusion on the register by, the donor;

any personal biographical information and contact information about, and provided for inclusion on the register by, an adult who was born as a consequence of assisted reproductive treatment using human reproductive material donated by the donor;

any medical information of a minor who was born as a consequence of assisted reproductive treatment using human reproductive material donated by the donor provided for inclusion on the register by a parent or guardian of the minor;

any contact information of the parent or guardian of a minor who was born as a consequence of assisted reproductive treatment using human reproductive material donated by the donor provided by the parent or guardian for inclusion on the register.

Personal biographical information and contact information provided by a person for inclusion on the donor conception register must comply with any requirements of the Minister as to the form and content of the information.

A person is entitled to have access to information held on the donor conception register in accordance with this Part if the Minister is satisfied, in such manner as the Minister may determine, that the person is—

a donor; or

an adult who was born as a consequence of assisted reproductive treatment using human reproductive material donated by a donor;

or

a parent or guardian of a minor who was born as a consequence of assisted reproductive treatment using human reproductive material donated by a donor; or

a parent of an adult who was born as a consequence of assisted reproductive treatment using human reproductive material donated by a donor.

A person entitled to have access to information held on the donor conception register under this Part is to be given access to the information in such manner as the Minister may determine (which may vary according to the circumstances in which, or the class of person to whom, access is to be given).

The following restrictions apply in relation to access to information on the donor conception register under this Part:

access to identifying information about a person under regulation 12(e),

13(1)(i) or

14(h) may only be given if the person is aged 18 years or older and has provided consent to such access;

access to a person's residential address is not to be given.

For the purposes of this Part, the consent of a person given in relation to access to information on the donor conception register about the person—

must be provided in a manner and form approved by the Minister;

and

may relate to specified information or information of a specified class; and

may relate to access to information by persons of a specified class; and

remains valid unless revoked in a manner and form approved by the

Minister; and

continues to operate after the death of the person who provided the consent.

A donor is entitled to have access to the following information held on the donor conception register:

information about themselves;

the year of birth and sex at birth of any person born as a consequence of assisted reproductive treatment using human reproductive material donated by the donor;

personal biographical information about, and provided for inclusion on the register by, an adult who was born as a consequence of assisted reproductive treatment using human reproductive material donated by the donor;

with the consent of an adult who was born as a consequence of assisted reproductive treatment using human reproductive material donated by the donor—contact information of the adult;

subject to this Part, any other information held on the donor conception register relating to a person born as a consequence of assisted reproductive treatment using human reproductive material donated by the donor.