|
|
 |
Where am I now? Lawlink > Law Reform Commission > Publications > Chapter 14 - Retrospectivity of Record Keeping Legislation
Discussion Paper 11 (1984) - Artificial Conception: Human Artificial Insemination
Chapter 14 - Retrospectivity of Record Keeping Legislation
I. OBSERVATIONS
14.1 In Chapter 12 we suggested the creation in favour of each of the parties to AID, including the AID child, of limited statutory rights of access to recorded non-identifying information about the other parties. We saw insufficient reason for the creation of rights to identifying information. Assuming the statutory creation of rights as we have suggested, a question arises about retrospective operation. Should the law apply to records created in the past and still in existence, or should it apply only to records created in the future?
14.2 We believe that the question is easier to answer in relation to non-identifying information than it is in relation to identifying information- In the latter case, difficult additional questions could arise about arrangements and understandings that may have been made at the time the records were created. Our views and comments are confined to the supply of non-identifying information.
14.3 It should here be observed that the parliament has power to enact legislation with retrospective effect if it so chooses, despite the existence of rules of legal interpretation and frequently-stated opinions by many commentators that, in principle do not favour the idea of legislation having a retrospective effect. In recent years a heated public debate has occurred in Australia on the merits of retrospective income tax legislation. Modern statutes frequently contain specific provisions dealing with the prospective and retrospective operation of some or all of their provisions. On the subject of AID itself, the Artificial Conception Act, 1984 directly provides for retrospective application by including in its ambit pregnancies occurring and children born both before and after its commencement.1
14.4 In order to dispel doubts it may be desirable for any legislative implementation of rights of access to recorded information in AID, to make a statement on retrospective operation We see no reason why such legislation should not apply to existing as well as future records of a identifying kind. The legislation would be intended to foster the welfare and health of non-AID children and other parties and could be justified on that ground.
II. ISSUE FOR REFORM
14.5 Should legislation that confers upon the parties to AID or any of them rights of access to recorded information of a non-identifying nature concerning any of those parties, apply both to existing as well as to future records?
Footnotes
1. Artificial Conception Act, 1984, s.4(1).
|
