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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 40
As laid on the table and read a first time, 22 October 2003
South Australia
Gene
Testing Services (Public Availability) Bill 2003
A Bill For
An Act to ensure that certain forms of genetic testing
remain reasonably available to members of the public.
Contents
1 Short title
2 Interpretation
3 Requirement to maintain genetic
testing services for members of the public
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Gene Testing Services (Public
Availability) Act 2003.
In this Act, unless the contrary intention
appears—
genetic analysis means the process of analysing genetic
information from a DNA sample;
genetic information means—
(a) information from a DNA sample about genotype; or
(b) information from mutation analysis; or
(c) information about nucleotide and polypeptide sequences; or
(d) information about genes or gene products; or
(e) information about, or derived from, other forms of genetic
material;
genetic testing services means medical or clinical services that
provide a genetic analysis and includes any related process associated with the
collection of a human tissue sample for genetic analysis;
public hospital means a hospital established under Part 3
of the South Australian Health Commission Act 1976 (whether or not
declared to be a public hospital under section 27(3b) of that Act);
responsible Minister means the Minister responsible for the
administration of the South Australian Health Commission Act 1976.
3—Requirement to maintain genetic testing services for members of the public
(1) The
responsible Minister must ensure that genetic testing services available to
members of the public within South Australia are at least maintained at the
prescribed standard.
(2) For
the purposes of subsection (1), the prescribed standard is the average
level of genetic testing services provided to (and used by) members of the
public attending public hospitals within the State over the period of 5 years
ending on 30 June 2003, as determined by the responsible Minister after
applying such methodologies as the Minister thinks fit and after categorising
those genetic testing services in such manner as the Minister thinks fit.
(3) The responsible Minister must, within 3
months after the commencement of this Act, by notice in the Gazette, set out—
(a) the Minister's determination for the purposes of
subsection (2); and
(b) the methodologies that the responsible Minister has applied
for the purposes of making that determination.
(4) For
the purposes of subsection (1), the responsible Minister may (but need
not) authorise a person or body to provide some (or all) of the relevant
services on behalf of the State.
(5) An authorisation under subsection (4)—
(a) must be in writing; and
(b) if relevant, must comply with the requirements of
Chapter 17 Part 2 of the Patents Act 1990 of the Commonwealth.
(6) The responsible Minister must ensure that members of the public attending public hospitals within the State are not charged a fee for any genetic testing services provided for the purposes of subsection (1).