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Legislative Assembly for the ACT: 2000 Week 8 Hansard (31 August) . . Page.. 2791 ..
MR STANHOPE: I move:
Mr Rugendyke's amendment No 1, proposed new subsection 11 (1), after "parentage order" insert ", if allowed by section 11A (Multiple births),".
Mr Rugendyke's amendment No 3, proposed new subsections 11 (2A) and (2B), omit proposed new paragraph (e), substitute the following new paragraph:
"(e) whether both birth parents and both substitute parents have received appropriate counselling and assessment from an independent counselling service; or".
Mr Rugendyke's amendment No 3, proposed new subsections 11 (2A) and (2B), after proposed new subsection (2B), insert the following new subsection:
" '(2C) For paragraph (2A) (e), a counselling service is not independent if it is connected with-
(a) the doctor who carried out the procedure that resulted in the birth of the relevant child (the relevant procedure ); or
(b) the institution where the relevant procedure was carried out; or
(c) another entity involved in carrying out the relevant procedure.".
These amendments insert some other requirements within Mr Rugendyke's amendments. They are not opposed in any way to what Mr Rugendyke proposes. They are in fact additions. I understand from the advice I received from Parliamentary Counsel and from the Clerk that this is the appropriate legislative procedure.
What I am suggesting is that it is important to ensure that those people seeking to access assisted reproductive technology, or surrogacy arrangements, in the ACT, pursuant to the Substitute Parent Agreements Act and the law as it stands, should be availed of counselling services, and that those counselling services should be provided by a counselling service independent of the provider of the service.
The thrust of the amendments relates to the definition of an independent counselling service. I will just read the proposal:
a counselling service is not independent if it is connected with-
(a) the doctor who carried out the procedure that resulted in the birth of the relevant child ...); or
(b) the institution where the relevant procedure was carried out; or
(c) another entity involved in carrying out the relevant procedure.
Ms Carnell: That is what the current legislation says. That is okay. I am comfortable.
MR STANHOPE: I am always interested in these things. I am a dedicated legislator. I am concerned. All I am saying is that I am concerned to hear it if that is the case. Perhaps I will have to compare the provisions, being as dedicated as I am to the responsibility of legislating. It is comforting to know that great minds think alike, Chief Minister.
That is the thrust of the amendments. They do not seek to detract from anything Mr Rugendyke proposes with his amendments. They seem to act within the scheduled matters included in his amendments-a requirement that people seeking to access surrogacy services be availed of an independent counselling service
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