*. Mandatory requirements: Name the key Act, and associated Regulation/s, and list the specific provisions therein that set out the mandatory requirements relating to Isha and Pat’s parentage application.
For a parentage order in New South Wales, the key Act and associated regulations are:
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Key Act: Surrogacy Act * (NSW)
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Associated Regulations: Surrogacy Regulation * (NSW)
Specific Provisions:
- Section *: Defines surrogacy arrangements.
- Section *: Application for parentage order.
- Section *: Requirements for granting parentage order.
- Section *: Best interests of the child.
- Section *: Consent requirements.
Is there any specific provision you need more information on?
*. With respect to the parenting application, interpret the relevant legislative provisions using the principles of statutory interpretation identified in this subject. Provide sequenced, appropriate attention to
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interpretation legislation, the preferred approach/es to interpretation, general principles of interpretation, intrinsic and extrinsic sources, and judicial or quasi-judicial decisions. Provide a clear conclusion in your advice to Isha and Pat on each key legal issue that arises in relation to their parentage application.
For interpreting the Surrogacy Act * (NSW) and associated regulations in relation to Isha and Pat’s parentage application, follow these steps:
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Interpretation Legislation: Consider the Interpretation Act * (NSW) for guidance.
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Preferred Approaches:
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Literal Approach: Interpret the words in their ordinary meaning.
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Purposive Approach: Focus on the purpose or intent behind the legislation.
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General Principles:
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Context: Read provisions in their context within the Act.
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Consistency: Ensure interpretation is consistent with the Act’s overall purpose.
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Sources:
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Intrinsic: Text within the legislation itself (headings, definitions, etc.).
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Extrinsic: Outside sources like legislative history, explanatory notes, and judicial decisions.
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Judicial Decisions: Look at past court decisions interpreting similar provisions.
Conclusion:
- Section *: Ensure surrogacy is altruistic.
- Section *: Complete application requirements.
- Section *: Meet all criteria for granting the order.
- Section *:Best interests of the child are paramount.
- Section *: Ensure all consent requirements are fulfilled.
Would you like more detailed information on any specific provision or principle?
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