Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Status of Children Act 1996.
BOB DEBUS, M.P.,Attorney General
Part 1 Preliminary
1 Name of Regulation
This Regulation is the Status of Children Regulation 2003.
2 Commencement
This Regulation commences on 1 September 2003.Note—This Regulation replaces the Status of Children Regulation 1998 which is repealed on 1 September 2003 under section 10 (2) of the Subordinate Legislation Act 1989.
3 Definitions
(1) In this Regulation:accredited laboratory means a laboratory accredited by NATA to carry out parentage testing procedures.court registrar, in relation to proceedings for a parentage testing order, means the registrar of the Division of the Supreme Court in which the proceedings were heard.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, Australia.nominated reporter means the person nominated by an accredited laboratory to prepare a report relating to the information obtained as a result of carrying out a parentage testing procedure.putative parent means a person who claims to be, or whom another person claims is, a parent of a child.report means a report prepared in accordance with clause 18.representative means, subject to subclause (4):(a) in relation to a donor under the age of 18 years—a parent or guardian of the donor, or(b) in relation to a donor who has a disability:(i) a trustee or manager in relation to the donor under a law of the State or Territory whose laws apply to that person, or(ii) a person who is legally responsible for the care, welfare and development of the donor.sample means a sample taken from a donor for the purposes of a parentage testing procedure.sampler means a person who takes (or proposes to take) a bodily sample from a donor for the purposes of a parentage testing procedure.testing means the implementation, or any part of the implementation, of a parentage testing procedure.the Act means the Status of Children Act 1996.(2) In relation to any requirement of this Regulation imposed on or in relation to a donor, a reference to a donor who is suffering from a disability is a reference to a donor who has a disability described in section 5 (1) of the Disability Services Act 1993:(a) that results in the donor lacking the legal capacity to comply with or consent to the requirement (as the case may be), or(b) that otherwise prevents the donor from being able to comply with the requirement or consent to it being carried out (as the case may be).(3) In this Regulation, a reference to a Form is a reference to a form set out in Schedule 1.(4) The Supreme Court may appoint a person to be the representative of a donor for the purposes of this Regulation in relation to a particular matter if the Court is satisfied that there is no other representative who is available or who is suitable in the circumstances.(5) Notes included in this Regulation do not form part of this Regulation.
Part 2 Parentage testing procedures and reports
Division 1 General
4 Application of Part
This Part applies to a parentage testing procedure that is required to be carried out on a person under a parentage testing order.
5 Parentage testing procedures
For the purposes of the definition of parentage testing procedure in section 3 (1) of the Act, the following medical procedures are prescribed:(a) a red cell antigen blood grouping,(b) a red cell enzyme blood grouping,(c) HLA tissue typing,(d) testing for serum markers,(e) DNA typing.
6 Compliance with this Regulation
A parentage testing procedure is taken to be carried out in accordance with this Regulation only if:(a) it is carried out:(i) in compliance with Divisions 2 and 3, and(ii) at an accredited laboratory, and(iii) in accordance with the standards of practice that entitle a laboratory to be accredited by NATA, and(b) if a bodily sample is taken as part of the procedure—the sample is taken by a qualified person within the meaning of section 33 of the Act, and(c) it is supplemented by a report under Division 4.
Division 2 Preliminary notices to be sent
7 Parties to notify court of authorised sampler
Unless the Supreme Court gives a direction nominating a particular sampler, the parties to proceedings in which the Court has made a parentage testing order must notify the court registrar, within the period and in the manner specified by the Court, of the name and address of the sampler who is to take the bodily samples for the purpose of giving effect to the Court’s order.
8 Court to notify accredited laboratory of certain matters
(1) On receiving a notice under clause 7, the court registrar:(a) must decide which accredited laboratory the bodily samples are to be sent to, and(b) must notify the person in charge of the accredited laboratory of the decision.(2) The notice referred to in subclause (1) (b) must contain the following information:(a) the number of the proceedings in the Supreme Court,(b) the name of the donor to whom the parentage testing order relates,(c) the purpose of the testing,(d) the name and business or work address of the sampler,(e) the qualifications of the sampler, in terms of section 33 (2) of the Act, to be a sampler,(f) the date the order was made,(g) the period within which the bodily samples are to be taken,(h) the name of the donor’s representative if the donor is under the age of 18 years or is suffering from a disability.
9 Laboratory to notify sampler of certain matters
(1) On receiving a notice under clause 8, the person in charge of the laboratory must notify the sampler of the following matters:(a) the number of the proceedings in the Supreme Court,(b) the name of the donor to whom the parentage testing order relates,(c) the purpose of the testing,(d) the date the order was made,(e) the period within which the bodily samples are to be taken,(f) the address to which the bodily samples are to be sent,(g) the name of the donor’s representative if the donor is under the age of 18 years or is suffering from a disability.(2) The person in charge of the laboratory must also send to the sampler:(a) instructions for taking the bodily samples, and(b) sufficient disposable containers and sufficient insulated packages for storing and transporting the bodily samples, and(c) a label for each container and package.(3) The person in charge of the laboratory must ensure that all containers referred to in subclause (2) (b) are:(a) pre-sterilised, and(b) capable of being sealed in such a manner that, if opened after being sealed, that fact would be evident on inspecting the container.(4) The person in charge of the laboratory need not comply with the requirements of subclauses (2) and (3) if the person is reasonably satisfied that:(a) the sampler has the requisite instructions, disposable containers, insulated packages and labels referred to in subclause (2) (a)–(c) to use in relation to the sample, and(b) the disposable containers to be used by the sampler are:(i) pre-sterilised, and(ii) capable of being sealed in such a manner that, if opened after being sealed, that fact would be evident on inspecting the container.
Division 3 Collection, storage and testing of samples
10 Provision of information by donor or representative—Forms 1–4
(1) A sampler must not take a bodily sample from a donor unless the donor 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 a bodily sample from the donor, the donor must complete a declaration in accordance with Form 2.(3) An affidavit, declaration or written arrangement referred to in this clause:(a) if the donor is under the age of 18 years—may be completed by the person’s representative, or(b) if the donor is a person who is suffering from a disability—must be completed by the person’s representative.(4) If the donor’s representative completes:(a) an affidavit referred to in this clause, the affidavit must be completed in accordance with Form 3, or(b) a declaration referred to in this clause, the declaration must be completed in accordance with Form 4.
11 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, and(b) is sterile, and(c) is disposable.(2) Before taking a sample of blood from a donor, the sampler must 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.
12 Restrictions on taking of blood samples
A sampler must not take a sample of blood from a donor:(a) if a declaration has not been completed in accordance with clause 10, or(b) if the sampler believes that the donor has, within the previous 6 months, been transfused with blood or a blood product that may have affected the constitution of the donor’s blood with regard to inheritable components, or(c) if, in the sampler’s opinion, blood tests on a blood sample taken at the time proposed for the taking of the sample could not effectively be carried out for the purposes of the parentage testing order, or(d) if, in the sampler’s opinion, the taking of a blood sample at the time proposed for the taking of the sample might have an adverse effect on the health of the donor.
13 Collection of bodily samples for DNA typing
(1) This clause applies to the taking of a bodily sample (other than a blood sample) from a donor for the purposes of a parentage testing procedure that is DNA typing.(2) A sampler must not take a bodily sample from a donor with a swab unless the swab:(a) has not been used for any purpose, and(b) is sterile.(3) A sampler must not take a bodily sample from a donor that is a skin scraping or hair root unless the implement used by the sampler to take the sample is sterile.
14 Container to be sealed and labelled
(1) If a bodily sample is taken from a donor, the sampler must ensure that:(a) the sample is placed in a container:(i) immediately after it is taken, and(ii) in the presence of the donor, and(b) the container has not previously been used for any purpose, and(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, and(d) the container is labelled in a way that:(i) if the label, or part of the label, were removed, orthe removal of the label or the impairment would be evident on inspection of the container, and(ii) if the writing on the label were impaired by alteration or erasure,(e) the particulars on the label are inscribed in ink and include:(i) the full name of the donor, and(ii) the date of birth and sex of the donor, and(iii) the date and time at which the sample was taken, and(f) the label inscribed with the particulars referred to in paragraph (e) is signed in ink by the sampler and the donor.(2) If the donor is a person under the age of 18 years, the procedure specified in subclause (1) (a) and (f) may be completed in the presence of the person’s representative.(3) If the donor is a person who is suffering from a disability:(a) the procedure specified in subclause (1) (a) must be completed in the presence of the person’s representative, and(b) the procedure specified in subclause (1) (f) is taken to have been complied with only if the label is signed by the person’s representative.
15 Statement by sampler—Form 5
(1) After taking a bodily sample from a donor, the sampler must:(a) complete a statement in accordance with Form 5, and(b) affix the photograph of the donor referred to in clause 10 to that statement, and(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.(2) The sampler must send the statement referred to in subclause (1) to the laboratory that is to test the sample at the same time as the sample.(3) A sampler who does not or is unable to take a bodily sample from a donor:(a) must forward written reasons for not doing so to the court registrar, and(b) must notify the accredited laboratory selected by the court registrar under clause 8 (1) that the sample was not taken.
16 Packing and storage requirement
(1) A bodily sample is to 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 must ensure that the following documents are sent to the laboratory with the sample:(a) the affidavit completed under clause 10,(b) the declaration completed under clause 10,(c) the statement completed under clause 15 (1).
17 Testing of bodily samples
(1) A laboratory to which a bodily sample has been sent for testing must ensure that the testing is completed:(a) if the proposed testing procedure is red cell antigen blood grouping, red cell enzyme blood grouping or testing for serum markers—within 6 days after the sample is taken, or(b) if the proposed testing procedure is HLA tissue typing—within 3 days after the sample is taken, or(c) if the proposed testing procedure is 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, subclause (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.
Division 4 Reports
18 Reports—Form 6
(1) A report must be prepared in accordance with this clause relating to the information obtained as a result of carrying out a parentage testing procedure.(2) The report must be in accordance with Form 6.(3) Part 1 of the report must be completed by the nominated reporter identified in the report.(4) Part 2 of the report must 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 nominated reporter must send the report to the court registrar, together with the documents referred to in clause 16 (2).
Part 3 Miscellaneous
19 Paternity acknowledgments—Form 7
(1) For the purposes of section 19 (1) (a) of the Act, the prescribed form of an instrument acknowledging paternity of a child is Form 7.(2) For the purposes of section 19 (1) (b) of the Act, the following classes of persons are prescribed:(a) solicitors within the meaning of the Legal Profession Act 1987,(b) officers of the Registry of Births, Deaths and Marriages nominated for the time being by the Registrar for the purposes of this paragraph.
20 Applications for declarations by the Supreme Court of paternity or maternity
For the purposes of section 21 (1) (e) of the Act, the following persons are prescribed persons:(a) the Public Trustee,(b) private trustee companies,(c) an executor, trustee or administrator of an estate.
21 Persons prescribed as “qualified persons” under section 33 of the Act
For the purposes of section 33 (2) (c) of the Act, persons employed by a hospital, pathology practice, parentage testing practice or a medical practitioner for the purpose of taking a bodily sample from a donor are prescribed as qualified persons.
22 Savings
Any act, matter or thing that had effect under the Status of Children Regulation 1998 immediately before the commencement of this Regulation is taken to have effect under this Regulation.
Schedule 1 Forms
(Clauses 10, 15, 18 and 19)
Form 1 Parentage testing procedure affidavit by donor
(Clause 10 (1) (a))
(This form is to be completed if the deponent is the donor)
Name of child whose parentage is in issue: ............................................................
1 I, (name), of (address), (occupation) *make oath and say/*affirm:
2 My racial background is (give details).
3 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)
5 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)
*SWORN/*AFFIRMED by the
deponent at
on 20 .
deponent at
on 20 .
.........................(Signature of deponent)
Before me:
.........................(Signature of person before whom the affidavit is sworn or affirmed)
.........................(Signature of person before whom the affidavit is sworn or affirmed)
*Delete if not applicable.
Form 2 Parentage testing procedure declaration by donor
(Clause 10 (2))
(This form is to 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 clause 10 (1) (a) of the Status of Children Regulation 2003 in respect of the parentage testing procedure.
Dated 20 .
.........................
(Signature of person completing declaration)
*Delete if not applicable.
Form 3 Parentage testing procedure affidavit by representative of donor
(Clause 10 (4) (a))
(This form is to be completed if the deponent is the representative of the donor)
Name of child whose parentage is in issue: ............................................................
1 I, (name), of (address), (occupation) *make oath and say/*affirm:
2 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).
3 (Name of donor) is a person whose racial background is (give details).
4 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.
*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)
*SWORN/*AFFIRMED by the
deponent at
on 20 .
deponent at
on 20 .
.........................(Signature of deponent)
Before me:
.........................(Signature of person before whom the affidavit is sworn or affirmed)
.........................(Signature of person before whom the affidavit is sworn or affirmed)
*Delete if not applicable.
Form 4 Parentage testing procedure declaration by representative of donor
(Clause 10 (4) (b))
(This form is to be completed if the person making the declaration is the representative of the donor)
I, (name), of (address), (occupation), declare that:
(a) 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), and
(b) the donor *has/has not received a transfusion of blood or a blood product since *I/(name of person who signed the affidavit) signed the affidavit required by clause 10 (4) (a) of the Status of Children Regulation 2003 in respect of the parentage testing procedure.
Dated 20 .
.........................
(Signature of person completing declaration)
*Delete if not applicable.
Form 5 Parentage testing procedure collection of bodily sample statement by sampler
(Clause 15)
Name of child whose parentage is in issue: ............................................................
1 I, (name of sampler), of (professional address), (occupation), took the bodily *sample/samples specified below at (time) *am/pm on (date) at (place of collection) from the following *person/persons:(a) (name of person and type of bodily sample stated and person’s photograph affixed),*(b) (name of person and type of bodily sample stated and person’s photograph affixed),*(c) (name of person and type of bodily sample stated and person’s photograph affixed),*(d) (name of person and type of bodily sample stated and person’s photograph affixed).
2 When I took the bodily *sample/samples specified above, I strictly observed the procedures provided under the Status of Children Regulation 2003.
3 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 clause 14 of the Status of Children Regulation 2003.
Dated 20 .
.........................
(Signature of sampler)
*Delete if not applicable.
Form 6 Report
(Clause 18)
Name of child whose parentage is in issue: ............................................................
Part 1
1 I, (name of nominated reporter), of (address), am a person nominated by the laboratory specified below to prepare a report in accordance with clause 18 of the Status of Children Regulation 2003.
2 I report that *a parentage testing *procedure/procedures, being:*(a) red cell antigen blood grouping,*(b) red cell enzyme blood grouping,*(c) testing for serum markers,*(d) HLA tissue 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:*(e) DNA typing,(a) (donor’s name, date of birth and relationship to the child whose parentage is in issue),*(b) (donor’s name, date of birth and relationship to the child whose parentage is in issue),*(c) (donor’s name, date of birth and relationship to the child whose parentage is in issue),*(d) (donor’s name, date of birth and relationship to the child whose parentage is in issue).
3 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 clause 15 of the Status of Children Regulation 2003.
4 The parentage testing *procedure was/procedures were carried out at (name of laboratory or 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 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 the (name of child whose parentage is in issue) has been calculated as follows:
*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 exclusion is based on contradictions to the laws of genetic inheritance in (amount) of the (amount) genetic markers tested. The contradictions occurred in the following genetic markers: (names of genetic markers and whether the contradictions were of the first or second order).
*8 I further report (if necessary, provide further explanation of results detailed in items 6 and 7).
Dated 20 .
.........................
(Signature of nominated reporter)
Part 2
1 The bodily *sample/samples referred to in Part 1 *was/were received at (name of laboratory at which the parentage testing *procedure was /procedures were carried out) on 20 .
2 The following identification numbers were allocated respectively to the bodily *sample/samples in the *container/containers in which the *procedure was/*procedures were carried out:(a) (name of person and identification number),*(b) (name of person and identification number),*(c) (name of person and identification number),*(d) (name of person and identification number).
3 The results obtained from the parentage testing *procedure/procedures are as follows: (set out the results).
*4 The results set out 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 against 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.
*4 The results set out 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 20 .
.........................
(Signature of person who carried out parentage testing procedure or person under whose supervision procedure was carried out)
*Delete if not applicable.
Form 7 Paternity acknowledgment
(Status of Children Act 1996, section 19)
(Clause 19 (1))
Note:
SIGNATURES MUST BE WITNESSED BY A SOLICITOR OR BY AN OFFICER OF THE REGISTRY OF BIRTHS, DEATHS AND MARRIAGES NOMINATED BY THE REGISTRAR.
IF A PARTY IS UNAVAILABLE TO SIGN THIS FORM, THE LAST KNOWN ADDRESS OF THE PERSON SHOULD BE PROVIDED IN THE APPROPRIATE SECTION IMMEDIATELY BELOW.
I ......................... (full name of mother) | I ......................... (full name of father) |
of ......................... ......................... | of ......................... ......................... |
Postcode: ..... Ph: .......... | Postcode: ..... Ph: .......... |
CHILD’S PARTICULARS
................................... | Sex: .......... | |
(given names) | (family name) | |
born on ../../.. | at ...................., New South Wales. | |
FATHER’S PARTICULARS (at time of child’s birth)
................................... | Occupation: ..... | |
(given names) | (family name) | |
born on ../../.. | at .............................. | |
This acknowledgment is made believing that the information provided is true to the best of our knowledge and belief.
.........................(mother’s signature) | .........................(father’s signature) |
Signed at .................... | Signed at .................... |
on ......................... | on ......................... |
Witnessed by ............... | Witnessed by ............... |
Qualification ............... | Qualification ............... |
(solicitor/Registry officer) | (solicitor/Registry officer) |
......................... (name, address and telephone no of witness) | ......................... (name, address and telephone no of witness) |