Non-Consensual Genetic Testing
On 6 November 2008, the Standing Committee of Attorneys-General released MCLOC’s discussion paper on non-consensual genetic testing for public consultation.
Discussion Paper – Non-Consensual Genetic Testing – [Word]
Discussion Paper – Non-Consensual Genetic Testing – [PDF]
The closing date for consultation comments was 31 January 2009. MCLOC is currently considering the comments and submissions received.
Key findings in the discussion paper are outlined below.
MCLOC recommendation
After surveying the existing legal framework, MCLOC considered that the harms arising from non-consensual genetic testing were not addressed in Australia.
The discussion paper proposed that jurisdictions consider implementing model offence provisions to address these harms. The discussion paper proposed the following draft model offences for consideration.
- Offence of obtaining bodily material for genetic testing.
- Offence of use of bodily material for genetic testing.
- Offence of disclosure or use of results of genetic testing.
What is non-consensual genetic testing?
Non-consensual genetic testing occurs when bodily samples are taken and genetically tested without the consent of the individual to whom they relate.
Biomedical technology enables genetic testing to be performed on minute bodily samples. Genetic information may be derived from samples such as hair follicles, saliva left on a glass or cigarette, cheek cells left on a toothbrush and cells deposited on an item of clothing or mucus in a paper tissue.
The combination of powerful biomedical technology and the ability to easily access human genetic samples leaves open the potential for non-consensual genetic testing to occur.
The impact of non-consensual genetic testing
From the perspective of the individual whose bodily material is taken, the collection of a sample of bodily material may involve:
- physical harm (where a bodily sample is taken by force) or
- emotional harm (where the paternity or identity of the individual is questioned, or genetic predisposition to catastrophic illness is identified).
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