{"id":"C2008A00122","name":"Australian Organ and Tissue Donation and Transplantation Authority Act 2008","slug":"australian-organ-and-tissue-donation-and-transplantation-authority-act-2008","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"122 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8071,"registerId":"commonwealth-C2008A00122-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Australian Organ and Tissue Donation and Transplantation Authority Act 2008.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act commences on 1 January 2009.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Simplified outline","content":"#### 3 Simplified outline\n\n  The following is a simplified outline of this Act:\n\nThis Act establishes the Australian Organ and Tissue Donation and Transplantation Authority. The Authority has a number of functions relating to organ or tissue donation and transplantation matters.\n\nThe Authority consists of the Chief Executive Officer and the staff of the Authority. The functions of the CEO include:\n\n(a) determining objectives, strategies and policies to be followed by the Authority in the performance of its functions; and\n\n(b) ensuring the proper, efficient and effective performance of the Authority’s functions; and\n\n(c) managing the administration of the Authority.\n\nThe Australian Organ and Tissue Donation and Transplantation Advisory Board is also established by this Act. The Advisory Board’s main function is advising the CEO about a number of matters including organ or tissue donation and transplantation matters.\n\nThe Act also provides for the CEO to establish expert advisory committees and for the Authority to make grants relating to organ or tissue donation and transplantation matters.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this Act:\n\n> Advisory Board member means a member of the Advisory Board (and includes the Chair and Deputy Chair).\n\n> Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.\n\n> authorised family member has the meaning given by section 5.\n\n> Authority means the Australian Organ and Tissue Donation and Transplantation Authority.\n\n> Board means the Australian Organ and Tissue Donation and Transplantation Advisory Board.\n\n> CEO means the Chief Executive Officer of the Authority.\n\n> Chair means the Chair of the Advisory Board.\n\n> child has a meaning affected by section 5B.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> de facto partner has the meaning given by the Acts Interpretation Act 1901.\n\n> Deputy Chair means the Deputy Chair of the Advisory Board.\n\n> DonateLife Agency has the meaning given by section 5F.\n\n> expert advisory committee means a committee established under section 44.\n\n> expert advisory committee member means a member of an expert advisory committee, and includes the Chair of an expert advisory committee.\n\n> improving includes maintaining.\n\n> organ means an organ of a human body (within the ordinary meaning of that expression).\n\n> organ or tissue donation and transplantation means:\n\n    (a) the removal of an organ and/or tissue from the body of an individual (whether living or deceased) for the purpose of its transplantation to the body of a living individual (other than the individual from which it was removed); or\n    (b) the transplantation to the body of a living individual of an organ and/or tissue removed from the body of another individual (whether living or deceased);\n  or both.\n\n> organ or tissue donation and transplantation matter means a matter relating to organ or tissue donation and transplantation, and includes the following matters:\n\n    (a) the provision of an organ or tissue donation and transplantation service;\n    (b) the identification of potential organ or tissue donors;\n    (c) the obtaining of organs or tissue for transplantation;\n    (d) waiting lists for potential organ or tissue recipients;\n    (e) the allocation of organs or tissue for transplantation;\n    (f) support services for organ or tissue donors and their partners and families;\n    (g) the skills and knowledge of people involved in providing organ or tissue donation and transplantation services;\n    (ga) commemorative activities relating to organ or tissue donors or recipients;\n    (h) public knowledge about, and confidence in, organ or tissue donation and transplantation services.\n\n> organ or tissue donation and transplantation service means:\n\n    (a) a service relating to organ or tissue donation and transplantation; or\n    (b) a service that is ancillary or incidental to a service covered by paragraph (a).\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> parent has a meaning affected by section 5B.\n\n> partner has the meaning given by section 5A.\n\n> sibling has a meaning affected by section 5D.\n\n> stepchild has a meaning affected by section 5E.\n\n> tissue means:\n\n    (a) a part of a human body (other than an organ); or\n    (b) a part of an organ; or\n    (c) a substance extracted from, or from a part of:\n    (i) an organ; or\n    (ii) any other part of a human body;\n  but does not include a substance or thing specified in the regulations.\n\n> transplantation, in relation to an organ or tissue, includes:\n\n    (a) the transplantation of a part of the organ or tissue; and\n    (b) the transplantation of a substance obtained from the organ or tissue.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of authorised family member","content":"#### 5 Meaning of authorised family member\n\n  In this Act, authorised family member of an organ or tissue donor or recipient who has died means any of the following persons:\n    (a) the partner of the organ or tissue donor or recipient;\n    (b) a parent or legal guardian of the organ or tissue donor or recipient;\n    (c) a child of the organ or tissue donor or recipient;\n    (d) a sibling of the organ or tissue donor or recipient;\n    (e) a grandparent of the organ or tissue donor or recipient;\n    (f) a grandchild of the organ or tissue donor or recipient;\n    (g) if the organ or tissue donor or recipient has traditional Aboriginal or Torres Strait Islander kinship ties—a person who is related to the organ or tissue donor or recipient under Aboriginal or Torres Strait Islander kinship rules;\n    (h) if the organ or tissue donor or recipient is a member of a community that accepts relationships other than those referred to in paragraphs (a) to (g) as kinship ties—a person who is accepted by the community to be related to the organ or tissue donor or recipient;\n    (i) a person who, under the regulations, is taken to be an authorised family member of the organ or tissue donor or recipient.","sortOrder":5},{"sectionNumber":"5A","sectionType":"section","heading":"Meaning of partner","content":"#### 5A Meaning of partner\n\n  (1) In this Act, partner of a person means:\n    (a) the person’s spouse; or\n    (b) the person’s de facto partner.\n  (2) However, if more than one person would qualify as a partner of a person (the first person) under subsection (1), then only the last person to so qualify is the partner of the first person for the purposes of this Act.","sortOrder":6},{"sectionNumber":"5B","sectionType":"section","heading":"Meaning of child","content":"#### 5B Meaning of child\n\n  (1) In this Act, child of a person includes:\n    (a) an adopted child, stepchild, exnuptial child or foster child of the person; and\n    (b) someone who is a child of the person within the meaning of the Family Law Act 1975.\n  Tracing family relationships\n  (2) For the purposes of this Act, if one person is the child of another person because of subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.","sortOrder":7},{"sectionNumber":"5C","sectionType":"section","heading":"Meaning of parent","content":"#### 5C Meaning of parent\n\n> Without limiting who is a parent of a person for the purposes of this Act, a person (the first person) is a parent of another person if the other person is the first person’s child.","sortOrder":8},{"sectionNumber":"5D","sectionType":"section","heading":"Meaning of sibling","content":"#### 5D Meaning of sibling\n\n  In this Act, sibling of a person includes a half‑brother, half‑sister, adoptive brother, adoptive sister, step‑brother, step‑sister, foster‑brother and foster‑sister of the person.","sortOrder":9},{"sectionNumber":"5E","sectionType":"section","heading":"Meaning of stepchild","content":"#### 5E Meaning of stepchild\n\nIn this Act, without limiting who is a stepchild of a person, a person (the first person) is a stepchild of another person (the second person) if the first person would be the second person’s stepchild except that the second person is not legally married to the second person’s de facto partner.","sortOrder":10},{"sectionNumber":"5F","sectionType":"section","heading":"Meaning of DonateLife Agency","content":"#### 5F Meaning of DonateLife Agency\n\n  (1) The Minister may, by legislative instrument, declare that a specified agency is a DonateLife Agency for the purposes of this Act.\n  (2) The Minister must not declare under subsection (1) that an agency is a DonateLife Agency unless the Minister is satisfied that the agency has a role or function in relation to one or more organ or tissue donation and transplantation matters.\n  Consultation\n  (3) Before the Minister makes a declaration under subsection (1) in relation to:\n    (a) a Department of a State; or\n    (b) a part of a Department of a State; or\n    (c) an authority of a State; or\n    (d) a part of an authority of a State;\n  the Minister must consult the Minister of the State who is responsible, or principally responsible, for the administration of matters relating to health in the State.\n  (4) Before the Minister makes a declaration under subsection (1) in relation to:\n    (a) a Department of the Northern Territory; or\n    (b) a part of a Department of the Northern Territory; or\n    (c) an authority of the Northern Territory; or\n    (d) a part of an authority of the Northern Territory;\n  the Minister must consult the Minister of the Northern Territory who is responsible, or principally responsible, for the administration of matters relating to health in the Northern Territory.\n  (5) Before the Minister makes a declaration under subsection (1) in relation to:\n    (a) a Department of the Australian Capital Territory; or\n    (b) a part of a Department of the Australian Capital Territory; or\n    (c) an authority of the Australian Capital Territory; or\n    (d) a part of an authority of the Australian Capital Territory;\n  the Minister must consult the Minister of the Australian Capital Territory who is responsible, or principally responsible, for the administration of matters relating to health in the Australian Capital Territory.\n  Agency\n  (6) For the purposes of this section, agency means:\n    (a) a Department of a State or Territory; or\n    (b) a part of a Department of a State or Territory; or\n    (c) an authority of a State or Territory; or\n    (d) a part of an authority of a State or Territory; or\n    (e) a body corporate.","sortOrder":11},{"sectionNumber":"6","sectionType":"section","heading":"Crown to be bound","content":"#### 6 Crown to be bound\n\n  This Act binds the Crown in each of its capacities.","sortOrder":12},{"sectionNumber":"7","sectionType":"section","heading":"Extension to external Territories","content":"#### 7 Extension to external Territories\n\n  This Act extends to every external Territory.","sortOrder":13},{"sectionNumber":"Part 2","sectionType":"part","heading":"Australian Organ and Tissue Donation and Transplantation Authority","content":"## Part 2—Australian Organ and Tissue Donation and Transplantation Authority","sortOrder":14},{"sectionNumber":"8","sectionType":"section","heading":"Establishment of the Australian Organ and Tissue Donation and Transplantation Authority","content":"#### 8 Establishment of the Australian Organ and Tissue Donation and Transplantation Authority\n\n  (1) The Australian Organ and Tissue Donation and Transplantation Authority is established by this section.\n\n> Note: In this Act, Authority means the Australian Organ and Tissue Donation and Transplantation Authority—see section 4.\n\n  (2) The Authority may also be known by a name specified in the regulations.\n  (3) The Authority consists of:\n    (aa) the CEO; and\n    (b) the staff of the Authority.\n\n> Note: The Authority does not have a legal identity separate from the Commonwealth.\n\n  (4) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the following combination of bodies is a listed entity:\n    (i) the Authority;\n    (ii) the Advisory Board; and\n    (aa) the listed entity is to be known as the Australian Organ and Tissue Donation and Transplantation Authority; and\n    (b) the CEO is the accountable authority of the Authority; and\n    (c) the following persons are officials of the Authority:\n    (i) the CEO;\n    (ii) the Advisory Board members;\n    (iii) the staff of the Authority;\n    (iv) consultants engaged under section 26;\n    (v) persons whose services are made available to the Authority under section 27;\n    (vi) an expert advisory committee member; and\n    (d) the purposes of the Authority include:\n    (i) the functions of the Authority referred to in section 11; and\n    (ii) the functions of the CEO referred to in section 14B; and\n    (iii) the functions of the Advisory Board referred to in section 29; and\n    (iv) the functions of an expert advisory committee referred to in section 45.","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Functions of the Authority","content":"#### 11 Functions of the Authority\n\n  (1) The functions of the Authority are:\n    (a) to formulate, in writing, policies and protocols relating to organ or tissue donation and transplantation matters; and\n    (b) to declare, in writing, standards and codes of practice relating to organ or tissue donation and transplantation matters; and\n    (c) to support and encourage the implementation of:\n    (i) policies and protocols formulated under paragraph (a); and\n    (ii) standards and codes of practice declared under paragraph (b); and\n    (d) to collect, analyse, interpret and disseminate information relating to organ or tissue donation and transplantation matters; and\n    (e) to support, encourage, conduct and evaluate training programs that are directed towards improving the skills and knowledge of people involved in organ or tissue donation and transplantation services; and\n    (f) to support, encourage, conduct and evaluate educational, promotional and community awareness programs that are relevant to organ or tissue donation and transplantation matters; and\n    (g) to make, on behalf of the Commonwealth, grants of financial assistance in relation to organ or tissue donation and transplantation matters; and\n    (h) to support, encourage, conduct and evaluate research about organ or tissue donation and transplantation matters; and\n    (i) to publish (whether on the internet or otherwise) reports and papers relating to organ or tissue donation and transplantation matters; and\n    (j) to advise the Minister about organ or tissue donation and transplantation matters; and\n    (k) to consult and co‑operate with other persons, organisations and governments on organ or tissue donation and transplantation matters; and\n    (l) such other functions as are conferred on the Authority by this Act or any other law; and\n    (m) such other functions (if any) as are specified in a written instrument given by the Minister to the Authority; and\n    (n) to do anything incidental to or conducive to the performance of any of the above functions.\n\n> Note 1: See also section 57 (compliance with policies, protocols, standards and codes is voluntary).\n\n> Note 2: See also section 58 (protection of patient confidentiality).\n\n> Note 3: See also sections 54 to 56 (terms and conditions of grants).\n\n> Note 4: For variation and revocation of instruments made under paragraph (a), (b) or (m), see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  Constitutional limits\n  (2) The Authority may perform its functions only:\n    (a) with respect to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; or\n    (b) with respect to the executive power of the Commonwealth; or\n    (c) with respect to statistics; or\n    (d) with respect to, or in, a Territory; or\n    (e) with respect to, or in, a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or\n    (f) with respect to trade and commerce:\n    (i) between Australia and places outside Australia; or\n    (ii) among the States; or\n    (iii) within a Territory, between a State and a Territory or between 2 Territories; or\n    (g) with respect to the granting of financial assistance to a constitutional corporation for the purposes of carrying out the corporation’s activities; or\n    (h) with respect to the provision of medical services; or\n    (i) with respect to a postal, telegraphic, telephonic or other like service; or\n    (j) with respect to the provision of a service to:\n    (i) the Commonwealth; or\n    (ii) an authority of the Commonwealth;\n    for a purpose of the Commonwealth; or\n    (k) with respect to the implied power of the Parliament to make laws with respect to nationhood; or\n    (l) with respect to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n  (2A) A term used in subsection (2) and the Constitution has the same meaning in that subsection as it has in the Constitution.\n  Legislative instruments\n  (3) A policy or protocol formulated under paragraph (1)(a) is not a legislative instrument.\n  (4) A standard or code of practice declared under paragraph (1)(b) is not a legislative instrument.\n  (5) A declaration made under paragraph (1)(b) is not a legislative instrument.\n  (6) An instrument made under paragraph (1)(m) is not a legislative instrument.","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Authority must have regard to certain objectives etc.","content":"#### 12 Authority must have regard to certain objectives etc.\n\n  In performing the Authority’s functions under this Act, the Authority must have regard to:\n    (a) the following objectives:\n    (i) promoting a co‑ordinated and consistent approach to organ or tissue donation and transplantation matters;\n    (ii) improving access to organ or tissue donation and transplantation services;\n    (iii) improving the identification of potential organ or tissue donors;\n    (iv) minimising waiting times for potential organ or tissue recipients;\n    (v) improving the management of waiting lists for potential organ or tissue recipients;\n    (vi) improving the management of the allocation of donated organs or tissue;\n    (vii) improving support services for organ or tissue donors and their partners and families;\n    (viii) improving the skills and knowledge of people involved in providing organ or tissue donation and transplantation services;\n    (ix) improving public knowledge about, and public confidence in, organ or tissue donation and transplantation services; and\n    (b) international best practice; and\n    (c) safety; and\n    (d) effectiveness; and\n    (e) privacy; and\n    (f) equity; and\n    (g) transparency; and\n    (h) such other matters (if any) as the Authority considers relevant.","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Minister may give directions to the Authority","content":"#### 13 Minister may give directions to the Authority\n\n  (1) The Minister may, by legislative instrument, give written directions to the Authority about the performance of the Authority’s functions.\n\n> Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n  (2) A direction under subsection (1) must be of a general nature only.\n  (3) The Authority must comply with a direction under subsection (1).","sortOrder":18},{"sectionNumber":"Part 3","sectionType":"part","heading":"Chief Executive Officer and staff etc.","content":"An Act to establish the Australian Organ and Tissue Donation and Transplantation Authority, and for other purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Organ and Tissue Donation and Transplantation Authority Act 2008.\n\n#### 2 Commencement\n\n  This Act commences on 1 January 2009.\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Act:\n\nThis Act establishes the Australian Organ and Tissue Donation and Transplantation Authority. The Authority has a number of functions relating to organ or tissue donation and transplantation matters.\n\nThe Authority consists of the Chief Executive Officer and the staff of the Authority. The functions of the CEO include:\n\n(a) determining objectives, strategies and policies to be followed by the Authority in the performance of its functions; and\n\n(b) ensuring the proper, efficient and effective performance of the Authority’s functions; and\n\n(c) managing the administration of the Authority.\n\nThe Australian Organ and Tissue Donation and Transplantation Advisory Board is also established by this Act. The Advisory Board’s main function is advising the CEO about a number of matters including organ or tissue donation and transplantation matters.\n\nThe Act also provides for the CEO to establish expert advisory committees and for the Authority to make grants relating to organ or tissue donation and transplantation matters.\n\n#### 4 Definitions\n\n  In this Act:\n\n> Advisory Board member means a member of the Advisory Board (and includes the Chair and Deputy Chair).\n\n> Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.\n\n> authorised family member has the meaning given by section 5.\n\n> Authority means the Australian Organ and Tissue Donation and Transplantation Authority.\n\n> Board means the Australian Organ and Tissue Donation and Transplantation Advisory Board.\n\n> CEO means the Chief Executive Officer of the Authority.\n\n> Chair means the Chair of the Advisory Board.\n\n> child has a meaning affected by section 5B.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> de facto partner has the meaning given by the Acts Interpretation Act 1901.\n\n> Deputy Chair means the Deputy Chair of the Advisory Board.\n\n> DonateLife Agency has the meaning given by section 5F.\n\n> expert advisory committee means a committee established under section 44.\n\n> expert advisory committee member means a member of an expert advisory committee, and includes the Chair of an expert advisory committee.\n\n> improving includes maintaining.\n\n> organ means an organ of a human body (within the ordinary meaning of that expression).\n\n> organ or tissue donation and transplantation means:\n\n    (a) the removal of an organ and/or tissue from the body of an individual (whether living or deceased) for the purpose of its transplantation to the body of a living individual (other than the individual from which it was removed); or\n    (b) the transplantation to the body of a living individual of an organ and/or tissue removed from the body of another individual (whether living or deceased);\n  or both.\n\n> organ or tissue donation and transplantation matter means a matter relating to organ or tissue donation and transplantation, and includes the following matters:\n\n    (a) the provision of an organ or tissue donation and transplantation service;\n    (b) the identification of potential organ or tissue donors;\n    (c) the obtaining of organs or tissue for transplantation;\n    (d) waiting lists for potential organ or tissue recipients;\n    (e) the allocation of organs or tissue for transplantation;\n    (f) support services for organ or tissue donors and their partners and families;\n    (g) the skills and knowledge of people involved in providing organ or tissue donation and transplantation services;\n    (ga) commemorative activities relating to organ or tissue donors or recipients;\n    (h) public knowledge about, and confidence in, organ or tissue donation and transplantation services.\n\n> organ or tissue donation and transplantation service means:\n\n    (a) a service relating to organ or tissue donation and transplantation; or\n    (b) a service that is ancillary or incidental to a service covered by paragraph (a).\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> parent has a meaning affected by section 5B.\n\n> partner has the meaning given by section 5A.\n\n> sibling has a meaning affected by section 5D.\n\n> stepchild has a meaning affected by section 5E.\n\n> tissue means:\n\n    (a) a part of a human body (other than an organ); or\n    (b) a part of an organ; or\n    (c) a substance extracted from, or from a part of:\n    (i) an organ; or\n    (ii) any other part of a human body;\n  but does not include a substance or thing specified in the regulations.\n\n> transplantation, in relation to an organ or tissue, includes:\n\n    (a) the transplantation of a part of the organ or tissue; and\n    (b) the transplantation of a substance obtained from the organ or tissue.\n\n#### 5 Meaning of authorised family member\n\n  In this Act, authorised family member of an organ or tissue donor or recipient who has died means any of the following persons:\n    (a) the partner of the organ or tissue donor or recipient;\n    (b) a parent or legal guardian of the organ or tissue donor or recipient;\n    (c) a child of the organ or tissue donor or recipient;\n    (d) a sibling of the organ or tissue donor or recipient;\n    (e) a grandparent of the organ or tissue donor or recipient;\n    (f) a grandchild of the organ or tissue donor or recipient;\n    (g) if the organ or tissue donor or recipient has traditional Aboriginal or Torres Strait Islander kinship ties—a person who is related to the organ or tissue donor or recipient under Aboriginal or Torres Strait Islander kinship rules;\n    (h) if the organ or tissue donor or recipient is a member of a community that accepts relationships other than those referred to in paragraphs (a) to (g) as kinship ties—a person who is accepted by the community to be related to the organ or tissue donor or recipient;\n    (i) a person who, under the regulations, is taken to be an authorised family member of the organ or tissue donor or recipient.\n\n#### 5A Meaning of partner\n\n  (1) In this Act, partner of a person means:\n    (a) the person’s spouse; or\n    (b) the person’s de facto partner.\n  (2) However, if more than one person would qualify as a partner of a person (the first person) under subsection (1), then only the last person to so qualify is the partner of the first person for the purposes of this Act.\n\n#### 5B Meaning of child\n\n  (1) In this Act, child of a person includes:\n    (a) an adopted child, stepchild, exnuptial child or foster child of the person; and\n    (b) someone who is a child of the person within the meaning of the Family Law Act 1975.\n  Tracing family relationships\n  (2) For the purposes of this Act, if one person is the child of another person because of subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n#### 5C Meaning of parent\n\n> Without limiting who is a parent of a person for the purposes of this Act, a person (the first person) is a parent of another person if the other person is the first person’s child.\n\n#### 5D Meaning of sibling\n\n  In this Act, sibling of a person includes a half‑brother, half‑sister, adoptive brother, adoptive sister, step‑brother, step‑sister, foster‑brother and foster‑sister of the person.\n\n#### 5E Meaning of stepchild\n\nIn this Act, without limiting who is a stepchild of a person, a person (the first person) is a stepchild of another person (the second person) if the first person would be the second person’s stepchild except that the second person is not legally married to the second person’s de facto partner.\n\n#### 5F Meaning of DonateLife Agency\n\n  (1) The Minister may, by legislative instrument, declare that a specified agency is a DonateLife Agency for the purposes of this Act.\n  (2) The Minister must not declare under subsection (1) that an agency is a DonateLife Agency unless the Minister is satisfied that the agency has a role or function in relation to one or more organ or tissue donation and transplantation matters.\n  Consultation\n  (3) Before the Minister makes a declaration under subsection (1) in relation to:\n    (a) a Department of a State; or\n    (b) a part of a Department of a State; or\n    (c) an authority of a State; or\n    (d) a part of an authority of a State;\n  the Minister must consult the Minister of the State who is responsible, or principally responsible, for the administration of matters relating to health in the State.\n  (4) Before the Minister makes a declaration under subsection (1) in relation to:\n    (a) a Department of the Northern Territory; or\n    (b) a part of a Department of the Northern Territory; or\n    (c) an authority of the Northern Territory; or\n    (d) a part of an authority of the Northern Territory;\n  the Minister must consult the Minister of the Northern Territory who is responsible, or principally responsible, for the administration of matters relating to health in the Northern Territory.\n  (5) Before the Minister makes a declaration under subsection (1) in relation to:\n    (a) a Department of the Australian Capital Territory; or\n    (b) a part of a Department of the Australian Capital Territory; or\n    (c) an authority of the Australian Capital Territory; or\n    (d) a part of an authority of the Australian Capital Territory;\n  the Minister must consult the Minister of the Australian Capital Territory who is responsible, or principally responsible, for the administration of matters relating to health in the Australian Capital Territory.\n  Agency\n  (6) For the purposes of this section, agency means:\n    (a) a Department of a State or Territory; or\n    (b) a part of a Department of a State or Territory; or\n    (c) an authority of a State or Territory; or\n    (d) a part of an authority of a State or Territory; or\n    (e) a body corporate.\n\n#### 6 Crown to be bound\n\n  This Act binds the Crown in each of its capacities.\n\n#### 7 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n## Part 2—Australian Organ and Tissue Donation and Transplantation Authority\n\n#### 8 Establishment of the Australian Organ and Tissue Donation and Transplantation Authority\n\n  (1) The Australian Organ and Tissue Donation and Transplantation Authority is established by this section.\n\n> Note: In this Act, Authority means the Australian Organ and Tissue Donation and Transplantation Authority—see section 4.\n\n  (2) The Authority may also be known by a name specified in the regulations.\n  (3) The Authority consists of:\n    (aa) the CEO; and\n    (b) the staff of the Authority.\n\n> Note: The Authority does not have a legal identity separate from the Commonwealth.\n\n  (4) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the following combination of bodies is a listed entity:\n    (i) the Authority;\n    (ii) the Advisory Board; and\n    (aa) the listed entity is to be known as the Australian Organ and Tissue Donation and Transplantation Authority; and\n    (b) the CEO is the accountable authority of the Authority; and\n    (c) the following persons are officials of the Authority:\n    (i) the CEO;\n    (ii) the Advisory Board members;\n    (iii) the staff of the Authority;\n    (iv) consultants engaged under section 26;\n    (v) persons whose services are made available to the Authority under section 27;\n    (vi) an expert advisory committee member; and\n    (d) the purposes of the Authority include:\n    (i) the functions of the Authority referred to in section 11; and\n    (ii) the functions of the CEO referred to in section 14B; and\n    (iii) the functions of the Advisory Board referred to in section 29; and\n    (iv) the functions of an expert advisory committee referred to in section 45.\n\n#### 11 Functions of the Authority\n\n  (1) The functions of the Authority are:\n    (a) to formulate, in writing, policies and protocols relating to organ or tissue donation and transplantation matters; and\n    (b) to declare, in writing, standards and codes of practice relating to organ or tissue donation and transplantation matters; and\n    (c) to support and encourage the implementation of:\n    (i) policies and protocols formulated under paragraph (a); and\n    (ii) standards and codes of practice declared under paragraph (b); and\n    (d) to collect, analyse, interpret and disseminate information relating to organ or tissue donation and transplantation matters; and\n    (e) to support, encourage, conduct and evaluate training programs that are directed towards improving the skills and knowledge of people involved in organ or tissue donation and transplantation services; and\n    (f) to support, encourage, conduct and evaluate educational, promotional and community awareness programs that are relevant to organ or tissue donation and transplantation matters; and\n    (g) to make, on behalf of the Commonwealth, grants of financial assistance in relation to organ or tissue donation and transplantation matters; and\n    (h) to support, encourage, conduct and evaluate research about organ or tissue donation and transplantation matters; and\n    (i) to publish (whether on the internet or otherwise) reports and papers relating to organ or tissue donation and transplantation matters; and\n    (j) to advise the Minister about organ or tissue donation and transplantation matters; and\n    (k) to consult and co‑operate with other persons, organisations and governments on organ or tissue donation and transplantation matters; and\n    (l) such other functions as are conferred on the Authority by this Act or any other law; and\n    (m) such other functions (if any) as are specified in a written instrument given by the Minister to the Authority; and\n    (n) to do anything incidental to or conducive to the performance of any of the above functions.\n\n> Note 1: See also section 57 (compliance with policies, protocols, standards and codes is voluntary).\n\n> Note 2: See also section 58 (protection of patient confidentiality).\n\n> Note 3: See also sections 54 to 56 (terms and conditions of grants).\n\n> Note 4: For variation and revocation of instruments made under paragraph (a), (b) or (m), see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  Constitutional limits\n  (2) The Authority may perform its functions only:\n    (a) with respect to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; or\n    (b) with respect to the executive power of the Commonwealth; or\n    (c) with respect to statistics; or\n    (d) with respect to, or in, a Territory; or\n    (e) with respect to, or in, a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or\n    (f) with respect to trade and commerce:\n    (i) between Australia and places outside Australia; or\n    (ii) among the States; or\n    (iii) within a Territory, between a State and a Territory or between 2 Territories; or\n    (g) with respect to the granting of financial assistance to a constitutional corporation for the purposes of carrying out the corporation’s activities; or\n    (h) with respect to the provision of medical services; or\n    (i) with respect to a postal, telegraphic, telephonic or other like service; or\n    (j) with respect to the provision of a service to:\n    (i) the Commonwealth; or\n    (ii) an authority of the Commonwealth;\n    for a purpose of the Commonwealth; or\n    (k) with respect to the implied power of the Parliament to make laws with respect to nationhood; or\n    (l) with respect to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n  (2A) A term used in subsection (2) and the Constitution has the same meaning in that subsection as it has in the Constitution.\n  Legislative instruments\n  (3) A policy or protocol formulated under paragraph (1)(a) is not a legislative instrument.\n  (4) A standard or code of practice declared under paragraph (1)(b) is not a legislative instrument.\n  (5) A declaration made under paragraph (1)(b) is not a legislative instrument.\n  (6) An instrument made under paragraph (1)(m) is not a legislative instrument.\n\n#### 12 Authority must have regard to certain objectives etc.\n\n  In performing the Authority’s functions under this Act, the Authority must have regard to:\n    (a) the following objectives:\n    (i) promoting a co‑ordinated and consistent approach to organ or tissue donation and transplantation matters;\n    (ii) improving access to organ or tissue donation and transplantation services;\n    (iii) improving the identification of potential organ or tissue donors;\n    (iv) minimising waiting times for potential organ or tissue recipients;\n    (v) improving the management of waiting lists for potential organ or tissue recipients;\n    (vi) improving the management of the allocation of donated organs or tissue;\n    (vii) improving support services for organ or tissue donors and their partners and families;\n    (viii) improving the skills and knowledge of people involved in providing organ or tissue donation and transplantation services;\n    (ix) improving public knowledge about, and public confidence in, organ or tissue donation and transplantation services; and\n    (b) international best practice; and\n    (c) safety; and\n    (d) effectiveness; and\n    (e) privacy; and\n    (f) equity; and\n    (g) transparency; and\n    (h) such other matters (if any) as the Authority considers relevant.\n\n#### 13 Minister may give directions to the Authority\n\n  (1) The Minister may, by legislative instrument, give written directions to the Authority about the performance of the Authority’s functions.\n\n> Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n  (2) A direction under subsection (1) must be of a general nature only.\n  (3) The Authority must comply with a direction under subsection (1).\n\n## Part 3—Chief Executive Officer and staff etc.\n\n### Division 1—Chief Executive Officer\n\n#### 14A CEO\n\n  There is to be a Chief Executive Officer of the Authority.\n\n#### 14B Functions of the CEO\n\n  (1) The functions of the CEO are:\n    (a) to determine objectives, strategies and policies to be followed by the Authority in the performance of its functions; and\n    (b) to ensure the proper, efficient and effective performance of the Authority’s functions; and\n    (c) to manage the administration of the Authority; and\n    (d) such other functions as are conferred on the CEO by this Act or any other law; and\n    (e) to do anything incidental or conducive to the performance of any of the above functions.\n  (2) The CEO has power to do all things necessary or convenient to be done for, or in connection with, the performance of the CEO’s functions.\n\n#### 14 Appointment of the CEO\n\n  (1) The CEO is to be appointed by the Minister by written instrument.\n  (2) The CEO holds office on a full‑time basis.\n\n#### 15 Period of appointment for the CEO\n\n  The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 16 Acting appointments\n\n  The Minister may appoint a person to act as the CEO:\n    (a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n### Division 3—Terms and conditions for the CEO\n\n#### 17 Remuneration and allowances\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18 Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 19 Resignation\n\n  (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 20 Outside employment\n\n  The CEO must not engage in paid employment outside the duties of his or her office without the Minister’s approval.\n\n#### 22 Termination of appointment\n\n  (1) The Minister may terminate the appointment of the CEO:\n    (a) for misbehaviour; or\n    (b) if the CEO is unable to perform the duties of the CEO’s office because of physical or mental incapacity.\n  (2) The Minister may terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Minister’s approval, in paid work outside the duties of his or her office; or\n    (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n#### 23 Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n### Division 5—Staff etc.\n\n#### 25 Staff\n\n  (1) The staff of the Authority are to be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the Authority staff together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n\n#### 26 Consultants\n\n  (1) The CEO may, on behalf of the Commonwealth, engage persons having suitable qualifications and experience as consultants to assist in the performance of the Authority’s functions.\n  (2) The consultants are to be engaged on the terms and conditions that the CEO determines in writing.\n\n#### 27 Persons assisting the Authority\n\n  The Authority may also be assisted:\n    (a) by officers and employees of Agencies (within the meaning of the Public Service Act 1999); or\n    (b) by officers and employees of authorities of the Commonwealth; or\n    (c) by officers and employees of a State or Territory; or\n    (d) by officers and employees of authorities of a State or Territory;\n  whose services are made available to the Authority in connection with the performance of any of the Authority’s functions.\n\n## Part 4—Australian Organ and Tissue Donation and Transplantation Advisory Board\n\n### Division 1—Establishment and functions of the Advisory Board\n\n#### 28 Establishment of the Advisory Board\n\n  The Australian Organ and Tissue Donation and Transplantation Advisory Board is established by this section.\n\n#### 29 Functions of the Advisory Board\n\n  (1) The functions of the Advisory Board are:\n    (a) to advise the CEO, either on its own initiative or at the request of the CEO, about the following matters:\n    (i) the objectives, strategies and policies to be followed by the Authority in the performance of its functions;\n    (ii) the performance of the Authority’s functions;\n    (iii) organ or tissue donation and transplantation matters; and\n    (b) to provide strategic advice to the Minister about the performance of the Authority’s functions if requested to do so by the Minister; and\n    (c) to do anything incidental or conducive to the performance of any of the above functions.\n  (2) The Advisory Board has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.\n\n### Division 2—Members of the Advisory Board\n\n#### 30 Membership\n\n  The Advisory Board consists of:\n    (a) the Chair; and\n    (b) the Deputy Chair; and\n    (c) at least 3, but not more than 5, other members.\n\n#### 31 Appointment of Advisory Board members\n\n  (1) Subject to this section, the Advisory Board members are to be appointed by the Minister by written instrument, on a part‑time basis.\n\n> Note: An Advisory Board member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n  Eligibility for appointment\n  (2) A person is not eligible for appointment as an Advisory Board member unless the Minister is satisfied that the person has experience in, or knowledge of, at least one of the following fields:\n    (a) public or health leadership or administration;\n    (b) clinical expertise in organ or tissue donation and transplantation;\n    (c) business management;\n    (d) community leadership and engagement in relation to organ or tissue donation and transplantation matters;\n    (e) promotion of organ or tissue donation and transplantation matters;\n    (f) health consumer advocacy;\n    (g) any other field that the Minister considers appropriate.\n  Mix of Advisory Board members\n  (3) In appointing the Advisory Board members, the Minister must ensure, to the extent practicable, that those Advisory Board members are an appropriate mix of persons meeting the requirements of subsection (2).\n  Consultation\n  (4) Before the Minister appoints a person as an Advisory Board member (other than the Chair), the Minister must consult:\n    (a) the Minister of each State who is responsible, or principally responsible, for the administration of matters relating to health in the State; and\n    (b) the Minister of the Northern Territory who is responsible, or principally responsible, for the administration of matters relating to health in that Territory; and\n    (c) the Minister of the Australian Capital Territory who is responsible, or principally responsible, for the administration of matters relating to health in that Territory; and\n    (d) such other persons (if any) as the Minister considers appropriate.\n\n#### 32 Term of appointment\n\n  An Advisory Board member holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.\n\n#### 33 Acting appointment\n\n  Acting as the Chair\n  (1) The Minister may, by written instrument, appoint an Advisory Board member to act as the Chair:\n    (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n  Acting as an appointed Board member (other than the Chair)\n  (2) The Minister may, by written instrument, appoint a person to act as an Advisory Board member (other than the Chair):\n    (a) during a vacancy in the office of an Advisory Board member (other than the Chair), whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when an Advisory Board member (other than the Chair):\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n  (3) A person is not eligible for appointment under subsection (2) unless the Minister is satisfied that the person meets the requirements of subsection 31(2).\n\n#### 34 Remuneration\n\n  (1) An Advisory Board member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Advisory Board member is to be paid the remuneration that is prescribed by the regulations.\n  (2) An Advisory Board member is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 35 Leave of absence\n\n  (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n  (2) The Chair may grant leave of absence to any other Advisory Board member on the terms and conditions that the Chair determines.\n  (3) The Chair must notify the Minister if the Chair grants an Advisory Board member leave of absence for a period that exceeds 3 months.\n\n#### 36 Other terms and conditions\n\n  An Advisory Board member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 37 Resignation\n\n  (1) An Advisory Board member may resign the member’s appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 38 Termination of appointment\n\n  (1) The Minister may terminate the appointment of an Advisory Board member:\n    (a) for misbehaviour; or\n    (b) if the Advisory Board member is unable to perform the duties of that member’s office because of physical or mental incapacity.\n  (2) The Minister may terminate the appointment of an Advisory Board member if:\n    (a) the Advisory Board member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with that member’s creditors; or\n    (iv) makes an assignment of that member’s remuneration for the benefit of that member’s creditors; or\n    (b) the Advisory Board member is absent, except on leave of absence, from 3 consecutive meetings of the Advisory Board; or\n    (c) the Advisory Board member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n### Division 3—Meetings of the Advisory Board\n\n#### 39 Convening meetings\n\n  (1) The Advisory Board must hold such meetings as are necessary for the efficient performance of its functions.\n  (2) The Chair must convene at least 4 meetings of the Advisory Board each financial year.\n\n#### 40 Presiding at meetings\n\n  (1) The Chair must preside at all meetings of the Advisory Board at which the Chair is present.\n  (2) If the Chair is not present at a meeting of the Advisory Board:\n    (a) the Deputy Chair is to preside; or\n    (b) if the Deputy Chair is not present—the other Advisory Board members present must appoint one of themselves to preside.\n\n#### 41 Conduct of meetings\n\n  The Advisory Board may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.\n\n#### 42 Minutes\n\n  The Advisory Board must keep minutes of its meetings.\n\n## Part 5—Expert advisory committees\n\n#### 44 Establishment of expert advisory committees\n\n  (1) The CEO may, by writing, establish committees, to be known as expert advisory committees.\n\n> Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  (2) An instrument made under subsection (1) is not a legislative instrument.\n\n#### 45 Function of expert advisory committees\n\n  An expert advisory committee has the function of advising the CEO about organ or tissue donation and transplantation matters referred to it by the CEO.\n\n#### 46 Appointment of expert advisory committee members etc.\n\n  (1) Each expert advisory committee member is to be appointed by the CEO by written instrument.\n  (2) An expert advisory committee member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n\n> Note: An expert advisory committee member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n  (3) An expert advisory committee member holds office on a part‑time basis.\n  (4) The CEO may terminate the appointment of an expert advisory committee member.\n\n#### 47 Procedures of expert advisory committees\n\n  (1) The CEO may give an expert advisory committee written directions about:\n    (a) the way in which the committee is to carry out its function; and\n    (b) procedures to be followed in relation to meetings.\n\n> Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  (2) A direction given under subsection (1) is not a legislative instrument.\n\n#### 48 Remuneration and allowances\n\n  (1) An expert advisory committee member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.\n  (2) However, an expert advisory committee member is not entitled to be paid remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:\n    (a) a State; or\n    (b) a corporation (a public statutory corporation) that:\n    (i) is established for a public purpose by a law of a State; and\n    (ii) is not a tertiary education institution; or\n    (c) a company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by a State; or\n    (d) a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation.\n\n> Note: A similar rule applies to an expert advisory committee member who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973.\n\n  (3) An expert advisory committee member is to be paid the allowances that are prescribed by the regulations.\n  (4) This section (other than subsection (2)) has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 49 Leave of absence\n\n  The CEO may grant leave of absence to an expert advisory committee member on the terms and conditions that the CEO determines.\n\n#### 50 Resignation\n\n  (1) An expert advisory committee member may resign his or her appointment by giving the CEO a written resignation.\n  (2) The resignation takes effect on the day it is received by the CEO or, if a later day is specified in the resignation, on that later day.\n\n#### 51 Disclosure of interests to the CEO\n\n  (1) A disclosure by an expert advisory committee member under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the CEO.\n  (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n  (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the expert advisory committee member is taken not to have complied with section 29 of that Act if the member does not comply with subsection (1) of this section.\n  (4) The CEO may terminate the appointment of an expert advisory committee member if the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013, or the rules made for the purposes of that section.\n  (5) Subsection (4) does not limit subsection 46(4).\n\n#### 53 Other terms and conditions\n\n  An expert advisory committee member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the CEO.\n\n## Part 6—Grants\n\n#### 54 Grant to a State\n\n  Scope\n  (1) This section applies to a grant of financial assistance to a State if:\n    (a) the grant is made by the Authority on behalf of the Commonwealth; and\n    (b) the grant relates to one or more organ or tissue donation and transplantation matters.\n\n> Note: See paragraph 11(1)(g) (grants of financial assistance).\n\n  Terms and conditions\n  (2) The terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the State.\n  (3) An agreement under subsection (2) may be entered into by the Authority on behalf of the Commonwealth.\n  (4) A term or condition set out in an agreement under subsection (2) may require compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b).\n\n#### 55 Grant to a Territory\n\n  Scope\n  (1) This section applies to a grant of financial assistance to a Territory if:\n    (a) the grant is made by the Authority on behalf of the Commonwealth; and\n    (b) the grant relates to one or more organ or tissue donation and transplantation matters.\n\n> Note: See paragraph 11(1)(g) (grants of financial assistance).\n\n  Terms and conditions\n  (2) The terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the Territory.\n  (3) An agreement under subsection (2) may be entered into by the Authority on behalf of the Commonwealth.\n  (4) A term or condition set out in an agreement under subsection (2) may require compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b).\n\n#### 56 Grant to a person other than a State or Territory\n\n  Scope\n  (1) This section applies to a grant of financial assistance to a person other than a State or Territory if:\n    (a) the grant is made by the Authority on behalf of the Commonwealth; and\n    (b) the grant relates to one or more organ or tissue donation and transplantation matters.\n\n> Note: See paragraph 11(1)(g) (grants of financial assistance).\n\n  Terms and conditions\n  (2) The terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the person.\n  (2A) If the grant of financial assistance is made to a constitutional corporation, the corporation must comply with the terms and conditions.\n  (3) An agreement under subsection (2) may be entered into by the Authority on behalf of the Commonwealth.\n  (4) A term or condition set out in an agreement under subsection (2) may require compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b).\n\n## Part 7—Miscellaneous\n\n#### 57 Compliance with policies, protocols, standards and codes\n\n  (1) Compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b);\n  is voluntary.\n  (2) Subsection (1) does not prevent compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b);\n  from being a term or condition of:\n    (c) a grant of financial assistance; or\n    (d) a contract or other legally enforceable agreement.\n  (3) Subsection (1) does not prevent:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b);\n  from being applied or adopted by or under:\n    (c) a law of a State or Territory; or\n    (d) a law of the Commonwealth other than this Act.\n\n#### 58 Protection of patient confidentiality—Authority and CEO\n\n  (1A) In the performance of the Authority’s functions, the Authority must not publish or disseminate information that is likely to enable the identification of a particular organ or tissue donor or recipient.\n  (1) In the performance of the CEO’s functions, the CEO must not publish or disseminate information that is likely to enable the identification of a particular organ or tissue donor or recipient.\n  (2) Subsections (1A) and (1) do not apply if the publication or dissemination of the information takes place with the consent of:\n    (a) if the organ or tissue donor or recipient is aged at least 18 years—the organ or tissue donor or recipient; or\n    (ab) if the organ or tissue donor or recipient is under 16 years of age—a parent or legal guardian of the organ or tissue donor or recipient; or\n    (ac) if the organ or tissue donor or recipient:\n    (i) is 16 or 17 years of age; and\n    (ii) has legal capacity to consent to the publication or dissemination of the information;\n    the organ or tissue donor or recipient; or\n    (ad) if the organ or tissue donor or recipient:\n    (i) is 16 or 17 years of age; and\n    (ii) does not have legal capacity to consent to the publication or dissemination of the information;\n    a parent or legal guardian of the organ or tissue donor or recipient; or\n    (b) if the organ or tissue donor or recipient has died but is survived by one or more authorised family members—any of those authorised family members; or\n    (c) in any other case—an individual who, under the regulations, is authorised to give consent to the publication or dissemination of the information.\n  (3) Subsection (2) does not permit the publication or dissemination by the Authority or the CEO of information that reveals that an organ and/or tissue was:\n    (a) removed from the body of a particular organ or tissue donor; and\n    (b) transplanted to the body of a particular organ or tissue recipient.\n  (4) To avoid doubt, if the publication or dissemination by the Authority or the CEO of particular information is permitted by subsection (2), a law of a State or Territory does not prevent the publication or dissemination by the Authority or the CEO of the information.\n\n#### 58A Publication, dissemination or disclosure of patient information—DonateLife Agencies, grant recipients and authorised family members\n\n  Scope\n  (1) This section applies if:\n    (a) an organ or tissue donation and transplantation has occurred; and\n    (b) the organ or tissue donor or recipient has died.\n  Publication, dissemination or disclosure by a DonateLife Agency or grant recipient\n  (2) Either of the following:\n    (a) a DonateLife Agency;\n    (b) a person who is a party to an agreement that:\n    (i) is in force; and\n    (ii) provides for the making of one or more grants under paragraph 11(1)(g) to the person;\n  may publish, disseminate or disclose information that is likely to enable the identification of the deceased organ or tissue donor or the deceased organ or tissue recipient (as the case requires) if:\n    (c) the publication, dissemination or disclosure is for the purposes of any of the following activities:\n    (i) an educational activity that is relevant to an organ or tissue donation and transplantation matter;\n    (ii) a commemorative activity that is an organ or tissue donation and transplantation matter;\n    (iii) a promotional activity that is relevant to an organ or tissue donation and transplantation matter;\n    (iv) a community awareness activity that is relevant to an organ or tissue donation and transplantation matter; and\n    (d) the publication, dissemination or disclosure is made with the consent of an authorised family member of the deceased organ or tissue donor or recipient; and\n    (e) the publication, dissemination or disclosure is made:\n    (i) using a service to which paragraph 51(v) of the Constitution applies; or\n    (ii) using an electronic service (within the meaning of the Online Safety Act 2021); or\n    (iii) in a Territory; or\n    (iv) in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or\n    (v) by a constitutional corporation.\n  Publication, dissemination or disclosure by an authorised family member\n  (3) An authorised family member of the deceased organ or tissue donor or recipient may publish, disseminate or disclose information that is likely to enable the identification of the deceased organ or tissue donor or the deceased organ or tissue recipient (as the case requires) if:\n    (a) the publication, dissemination or disclosure is for the purposes of any of the following activities of the Authority or a DonateLife Agency:\n    (i) an educational activity that is relevant to an organ or tissue donation and transplantation matter;\n    (ii) a commemorative activity that is an organ or tissue donation and transplantation matter;\n    (iii) a promotional activity that is relevant to an organ or tissue donation and transplantation matter;\n    (iv) a community awareness activity that is relevant to an organ or tissue donation and transplantation matter; and\n    (b) the publication, dissemination or disclosure is made:\n    (i) using a service to which paragraph 51(v) of the Constitution applies; or\n    (ii) using an electronic service (within the meaning of the Online Safety Act 2021); or\n    (iii) in a Territory; or\n    (iv) in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970).\n  (4) Subsections (2) and (3) have effect despite anything in a law of a State or Territory.\n  Secondary publication, dissemination or disclosure\n  (5) If information has been the subject of a publication, dissemination or disclosure under subsection (2) or (3), a person may publish, disseminate or disclose that information if:\n    (a) the publication, dissemination or disclosure is for the purposes of reporting on any of the following activities:\n    (i) an educational activity that is relevant to an organ or tissue donation and transplantation matter;\n    (ii) a commemorative activity that is an organ or tissue donation and transplantation matter;\n    (iii) a promotional activity that is relevant to an organ or tissue donation and transplantation matter;\n    (iv) a community awareness activity that is relevant to an organ or tissue donation and transplantation matter; and\n    (b) the publication, dissemination or disclosure is made:\n    (i) using a service to which paragraph 51(v) of the Constitution applies; or\n    (ii) using an electronic service (within the meaning of the Online Safety Act 2021); or\n    (iii) in a Territory; or\n    (iv) in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970).\n  (6) Subsection (5) has effect despite anything in a law of a State or Territory.\n\n#### 59 Concurrent operation of State and Territory laws etc.\n\n  (1) This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n  (2) This Act does not affect the operation of:\n    (a) a law of a State or Territory; or\n    (b) a rule of common law;\n  to the extent that the law or rule requires the giving of consent to the removal of an organ or tissue from the body of an individual (whether living or deceased).\n  (3) Subsection (2) does not limit subsection (1).\n\n#### 60 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted to be prescribed by this Act; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":19},{"sectionNumber":"Division 1","sectionType":"division","heading":"Chief Executive Officer","content":"An Act to establish the Australian Organ and Tissue Donation and Transplantation Authority, and for other purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Organ and Tissue Donation and Transplantation Authority Act 2008.\n\n#### 2 Commencement\n\n  This Act commences on 1 January 2009.\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Act:\n\nThis Act establishes the Australian Organ and Tissue Donation and Transplantation Authority. The Authority has a number of functions relating to organ or tissue donation and transplantation matters.\n\nThe Authority consists of the Chief Executive Officer and the staff of the Authority. The functions of the CEO include:\n\n(a) determining objectives, strategies and policies to be followed by the Authority in the performance of its functions; and\n\n(b) ensuring the proper, efficient and effective performance of the Authority’s functions; and\n\n(c) managing the administration of the Authority.\n\nThe Australian Organ and Tissue Donation and Transplantation Advisory Board is also established by this Act. The Advisory Board’s main function is advising the CEO about a number of matters including organ or tissue donation and transplantation matters.\n\nThe Act also provides for the CEO to establish expert advisory committees and for the Authority to make grants relating to organ or tissue donation and transplantation matters.\n\n#### 4 Definitions\n\n  In this Act:\n\n> Advisory Board member means a member of the Advisory Board (and includes the Chair and Deputy Chair).\n\n> Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.\n\n> authorised family member has the meaning given by section 5.\n\n> Authority means the Australian Organ and Tissue Donation and Transplantation Authority.\n\n> Board means the Australian Organ and Tissue Donation and Transplantation Advisory Board.\n\n> CEO means the Chief Executive Officer of the Authority.\n\n> Chair means the Chair of the Advisory Board.\n\n> child has a meaning affected by section 5B.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> de facto partner has the meaning given by the Acts Interpretation Act 1901.\n\n> Deputy Chair means the Deputy Chair of the Advisory Board.\n\n> DonateLife Agency has the meaning given by section 5F.\n\n> expert advisory committee means a committee established under section 44.\n\n> expert advisory committee member means a member of an expert advisory committee, and includes the Chair of an expert advisory committee.\n\n> improving includes maintaining.\n\n> organ means an organ of a human body (within the ordinary meaning of that expression).\n\n> organ or tissue donation and transplantation means:\n\n    (a) the removal of an organ and/or tissue from the body of an individual (whether living or deceased) for the purpose of its transplantation to the body of a living individual (other than the individual from which it was removed); or\n    (b) the transplantation to the body of a living individual of an organ and/or tissue removed from the body of another individual (whether living or deceased);\n  or both.\n\n> organ or tissue donation and transplantation matter means a matter relating to organ or tissue donation and transplantation, and includes the following matters:\n\n    (a) the provision of an organ or tissue donation and transplantation service;\n    (b) the identification of potential organ or tissue donors;\n    (c) the obtaining of organs or tissue for transplantation;\n    (d) waiting lists for potential organ or tissue recipients;\n    (e) the allocation of organs or tissue for transplantation;\n    (f) support services for organ or tissue donors and their partners and families;\n    (g) the skills and knowledge of people involved in providing organ or tissue donation and transplantation services;\n    (ga) commemorative activities relating to organ or tissue donors or recipients;\n    (h) public knowledge about, and confidence in, organ or tissue donation and transplantation services.\n\n> organ or tissue donation and transplantation service means:\n\n    (a) a service relating to organ or tissue donation and transplantation; or\n    (b) a service that is ancillary or incidental to a service covered by paragraph (a).\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> parent has a meaning affected by section 5B.\n\n> partner has the meaning given by section 5A.\n\n> sibling has a meaning affected by section 5D.\n\n> stepchild has a meaning affected by section 5E.\n\n> tissue means:\n\n    (a) a part of a human body (other than an organ); or\n    (b) a part of an organ; or\n    (c) a substance extracted from, or from a part of:\n    (i) an organ; or\n    (ii) any other part of a human body;\n  but does not include a substance or thing specified in the regulations.\n\n> transplantation, in relation to an organ or tissue, includes:\n\n    (a) the transplantation of a part of the organ or tissue; and\n    (b) the transplantation of a substance obtained from the organ or tissue.\n\n#### 5 Meaning of authorised family member\n\n  In this Act, authorised family member of an organ or tissue donor or recipient who has died means any of the following persons:\n    (a) the partner of the organ or tissue donor or recipient;\n    (b) a parent or legal guardian of the organ or tissue donor or recipient;\n    (c) a child of the organ or tissue donor or recipient;\n    (d) a sibling of the organ or tissue donor or recipient;\n    (e) a grandparent of the organ or tissue donor or recipient;\n    (f) a grandchild of the organ or tissue donor or recipient;\n    (g) if the organ or tissue donor or recipient has traditional Aboriginal or Torres Strait Islander kinship ties—a person who is related to the organ or tissue donor or recipient under Aboriginal or Torres Strait Islander kinship rules;\n    (h) if the organ or tissue donor or recipient is a member of a community that accepts relationships other than those referred to in paragraphs (a) to (g) as kinship ties—a person who is accepted by the community to be related to the organ or tissue donor or recipient;\n    (i) a person who, under the regulations, is taken to be an authorised family member of the organ or tissue donor or recipient.\n\n#### 5A Meaning of partner\n\n  (1) In this Act, partner of a person means:\n    (a) the person’s spouse; or\n    (b) the person’s de facto partner.\n  (2) However, if more than one person would qualify as a partner of a person (the first person) under subsection (1), then only the last person to so qualify is the partner of the first person for the purposes of this Act.\n\n#### 5B Meaning of child\n\n  (1) In this Act, child of a person includes:\n    (a) an adopted child, stepchild, exnuptial child or foster child of the person; and\n    (b) someone who is a child of the person within the meaning of the Family Law Act 1975.\n  Tracing family relationships\n  (2) For the purposes of this Act, if one person is the child of another person because of subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n#### 5C Meaning of parent\n\n> Without limiting who is a parent of a person for the purposes of this Act, a person (the first person) is a parent of another person if the other person is the first person’s child.\n\n#### 5D Meaning of sibling\n\n  In this Act, sibling of a person includes a half‑brother, half‑sister, adoptive brother, adoptive sister, step‑brother, step‑sister, foster‑brother and foster‑sister of the person.\n\n#### 5E Meaning of stepchild\n\nIn this Act, without limiting who is a stepchild of a person, a person (the first person) is a stepchild of another person (the second person) if the first person would be the second person’s stepchild except that the second person is not legally married to the second person’s de facto partner.\n\n#### 5F Meaning of DonateLife Agency\n\n  (1) The Minister may, by legislative instrument, declare that a specified agency is a DonateLife Agency for the purposes of this Act.\n  (2) The Minister must not declare under subsection (1) that an agency is a DonateLife Agency unless the Minister is satisfied that the agency has a role or function in relation to one or more organ or tissue donation and transplantation matters.\n  Consultation\n  (3) Before the Minister makes a declaration under subsection (1) in relation to:\n    (a) a Department of a State; or\n    (b) a part of a Department of a State; or\n    (c) an authority of a State; or\n    (d) a part of an authority of a State;\n  the Minister must consult the Minister of the State who is responsible, or principally responsible, for the administration of matters relating to health in the State.\n  (4) Before the Minister makes a declaration under subsection (1) in relation to:\n    (a) a Department of the Northern Territory; or\n    (b) a part of a Department of the Northern Territory; or\n    (c) an authority of the Northern Territory; or\n    (d) a part of an authority of the Northern Territory;\n  the Minister must consult the Minister of the Northern Territory who is responsible, or principally responsible, for the administration of matters relating to health in the Northern Territory.\n  (5) Before the Minister makes a declaration under subsection (1) in relation to:\n    (a) a Department of the Australian Capital Territory; or\n    (b) a part of a Department of the Australian Capital Territory; or\n    (c) an authority of the Australian Capital Territory; or\n    (d) a part of an authority of the Australian Capital Territory;\n  the Minister must consult the Minister of the Australian Capital Territory who is responsible, or principally responsible, for the administration of matters relating to health in the Australian Capital Territory.\n  Agency\n  (6) For the purposes of this section, agency means:\n    (a) a Department of a State or Territory; or\n    (b) a part of a Department of a State or Territory; or\n    (c) an authority of a State or Territory; or\n    (d) a part of an authority of a State or Territory; or\n    (e) a body corporate.\n\n#### 6 Crown to be bound\n\n  This Act binds the Crown in each of its capacities.\n\n#### 7 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n## Part 2—Australian Organ and Tissue Donation and Transplantation Authority\n\n#### 8 Establishment of the Australian Organ and Tissue Donation and Transplantation Authority\n\n  (1) The Australian Organ and Tissue Donation and Transplantation Authority is established by this section.\n\n> Note: In this Act, Authority means the Australian Organ and Tissue Donation and Transplantation Authority—see section 4.\n\n  (2) The Authority may also be known by a name specified in the regulations.\n  (3) The Authority consists of:\n    (aa) the CEO; and\n    (b) the staff of the Authority.\n\n> Note: The Authority does not have a legal identity separate from the Commonwealth.\n\n  (4) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the following combination of bodies is a listed entity:\n    (i) the Authority;\n    (ii) the Advisory Board; and\n    (aa) the listed entity is to be known as the Australian Organ and Tissue Donation and Transplantation Authority; and\n    (b) the CEO is the accountable authority of the Authority; and\n    (c) the following persons are officials of the Authority:\n    (i) the CEO;\n    (ii) the Advisory Board members;\n    (iii) the staff of the Authority;\n    (iv) consultants engaged under section 26;\n    (v) persons whose services are made available to the Authority under section 27;\n    (vi) an expert advisory committee member; and\n    (d) the purposes of the Authority include:\n    (i) the functions of the Authority referred to in section 11; and\n    (ii) the functions of the CEO referred to in section 14B; and\n    (iii) the functions of the Advisory Board referred to in section 29; and\n    (iv) the functions of an expert advisory committee referred to in section 45.\n\n#### 11 Functions of the Authority\n\n  (1) The functions of the Authority are:\n    (a) to formulate, in writing, policies and protocols relating to organ or tissue donation and transplantation matters; and\n    (b) to declare, in writing, standards and codes of practice relating to organ or tissue donation and transplantation matters; and\n    (c) to support and encourage the implementation of:\n    (i) policies and protocols formulated under paragraph (a); and\n    (ii) standards and codes of practice declared under paragraph (b); and\n    (d) to collect, analyse, interpret and disseminate information relating to organ or tissue donation and transplantation matters; and\n    (e) to support, encourage, conduct and evaluate training programs that are directed towards improving the skills and knowledge of people involved in organ or tissue donation and transplantation services; and\n    (f) to support, encourage, conduct and evaluate educational, promotional and community awareness programs that are relevant to organ or tissue donation and transplantation matters; and\n    (g) to make, on behalf of the Commonwealth, grants of financial assistance in relation to organ or tissue donation and transplantation matters; and\n    (h) to support, encourage, conduct and evaluate research about organ or tissue donation and transplantation matters; and\n    (i) to publish (whether on the internet or otherwise) reports and papers relating to organ or tissue donation and transplantation matters; and\n    (j) to advise the Minister about organ or tissue donation and transplantation matters; and\n    (k) to consult and co‑operate with other persons, organisations and governments on organ or tissue donation and transplantation matters; and\n    (l) such other functions as are conferred on the Authority by this Act or any other law; and\n    (m) such other functions (if any) as are specified in a written instrument given by the Minister to the Authority; and\n    (n) to do anything incidental to or conducive to the performance of any of the above functions.\n\n> Note 1: See also section 57 (compliance with policies, protocols, standards and codes is voluntary).\n\n> Note 2: See also section 58 (protection of patient confidentiality).\n\n> Note 3: See also sections 54 to 56 (terms and conditions of grants).\n\n> Note 4: For variation and revocation of instruments made under paragraph (a), (b) or (m), see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  Constitutional limits\n  (2) The Authority may perform its functions only:\n    (a) with respect to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; or\n    (b) with respect to the executive power of the Commonwealth; or\n    (c) with respect to statistics; or\n    (d) with respect to, or in, a Territory; or\n    (e) with respect to, or in, a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or\n    (f) with respect to trade and commerce:\n    (i) between Australia and places outside Australia; or\n    (ii) among the States; or\n    (iii) within a Territory, between a State and a Territory or between 2 Territories; or\n    (g) with respect to the granting of financial assistance to a constitutional corporation for the purposes of carrying out the corporation’s activities; or\n    (h) with respect to the provision of medical services; or\n    (i) with respect to a postal, telegraphic, telephonic or other like service; or\n    (j) with respect to the provision of a service to:\n    (i) the Commonwealth; or\n    (ii) an authority of the Commonwealth;\n    for a purpose of the Commonwealth; or\n    (k) with respect to the implied power of the Parliament to make laws with respect to nationhood; or\n    (l) with respect to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n  (2A) A term used in subsection (2) and the Constitution has the same meaning in that subsection as it has in the Constitution.\n  Legislative instruments\n  (3) A policy or protocol formulated under paragraph (1)(a) is not a legislative instrument.\n  (4) A standard or code of practice declared under paragraph (1)(b) is not a legislative instrument.\n  (5) A declaration made under paragraph (1)(b) is not a legislative instrument.\n  (6) An instrument made under paragraph (1)(m) is not a legislative instrument.\n\n#### 12 Authority must have regard to certain objectives etc.\n\n  In performing the Authority’s functions under this Act, the Authority must have regard to:\n    (a) the following objectives:\n    (i) promoting a co‑ordinated and consistent approach to organ or tissue donation and transplantation matters;\n    (ii) improving access to organ or tissue donation and transplantation services;\n    (iii) improving the identification of potential organ or tissue donors;\n    (iv) minimising waiting times for potential organ or tissue recipients;\n    (v) improving the management of waiting lists for potential organ or tissue recipients;\n    (vi) improving the management of the allocation of donated organs or tissue;\n    (vii) improving support services for organ or tissue donors and their partners and families;\n    (viii) improving the skills and knowledge of people involved in providing organ or tissue donation and transplantation services;\n    (ix) improving public knowledge about, and public confidence in, organ or tissue donation and transplantation services; and\n    (b) international best practice; and\n    (c) safety; and\n    (d) effectiveness; and\n    (e) privacy; and\n    (f) equity; and\n    (g) transparency; and\n    (h) such other matters (if any) as the Authority considers relevant.\n\n#### 13 Minister may give directions to the Authority\n\n  (1) The Minister may, by legislative instrument, give written directions to the Authority about the performance of the Authority’s functions.\n\n> Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n  (2) A direction under subsection (1) must be of a general nature only.\n  (3) The Authority must comply with a direction under subsection (1).\n\n## Part 3—Chief Executive Officer and staff etc.\n\n### Division 1—Chief Executive Officer\n\n#### 14A CEO\n\n  There is to be a Chief Executive Officer of the Authority.\n\n#### 14B Functions of the CEO\n\n  (1) The functions of the CEO are:\n    (a) to determine objectives, strategies and policies to be followed by the Authority in the performance of its functions; and\n    (b) to ensure the proper, efficient and effective performance of the Authority’s functions; and\n    (c) to manage the administration of the Authority; and\n    (d) such other functions as are conferred on the CEO by this Act or any other law; and\n    (e) to do anything incidental or conducive to the performance of any of the above functions.\n  (2) The CEO has power to do all things necessary or convenient to be done for, or in connection with, the performance of the CEO’s functions.\n\n#### 14 Appointment of the CEO\n\n  (1) The CEO is to be appointed by the Minister by written instrument.\n  (2) The CEO holds office on a full‑time basis.\n\n#### 15 Period of appointment for the CEO\n\n  The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 16 Acting appointments\n\n  The Minister may appoint a person to act as the CEO:\n    (a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n### Division 3—Terms and conditions for the CEO\n\n#### 17 Remuneration and allowances\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18 Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 19 Resignation\n\n  (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 20 Outside employment\n\n  The CEO must not engage in paid employment outside the duties of his or her office without the Minister’s approval.\n\n#### 22 Termination of appointment\n\n  (1) The Minister may terminate the appointment of the CEO:\n    (a) for misbehaviour; or\n    (b) if the CEO is unable to perform the duties of the CEO’s office because of physical or mental incapacity.\n  (2) The Minister may terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Minister’s approval, in paid work outside the duties of his or her office; or\n    (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n#### 23 Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n### Division 5—Staff etc.\n\n#### 25 Staff\n\n  (1) The staff of the Authority are to be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the Authority staff together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n\n#### 26 Consultants\n\n  (1) The CEO may, on behalf of the Commonwealth, engage persons having suitable qualifications and experience as consultants to assist in the performance of the Authority’s functions.\n  (2) The consultants are to be engaged on the terms and conditions that the CEO determines in writing.\n\n#### 27 Persons assisting the Authority\n\n  The Authority may also be assisted:\n    (a) by officers and employees of Agencies (within the meaning of the Public Service Act 1999); or\n    (b) by officers and employees of authorities of the Commonwealth; or\n    (c) by officers and employees of a State or Territory; or\n    (d) by officers and employees of authorities of a State or Territory;\n  whose services are made available to the Authority in connection with the performance of any of the Authority’s functions.\n\n## Part 4—Australian Organ and Tissue Donation and Transplantation Advisory Board\n\n### Division 1—Establishment and functions of the Advisory Board\n\n#### 28 Establishment of the Advisory Board\n\n  The Australian Organ and Tissue Donation and Transplantation Advisory Board is established by this section.\n\n#### 29 Functions of the Advisory Board\n\n  (1) The functions of the Advisory Board are:\n    (a) to advise the CEO, either on its own initiative or at the request of the CEO, about the following matters:\n    (i) the objectives, strategies and policies to be followed by the Authority in the performance of its functions;\n    (ii) the performance of the Authority’s functions;\n    (iii) organ or tissue donation and transplantation matters; and\n    (b) to provide strategic advice to the Minister about the performance of the Authority’s functions if requested to do so by the Minister; and\n    (c) to do anything incidental or conducive to the performance of any of the above functions.\n  (2) The Advisory Board has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.\n\n### Division 2—Members of the Advisory Board\n\n#### 30 Membership\n\n  The Advisory Board consists of:\n    (a) the Chair; and\n    (b) the Deputy Chair; and\n    (c) at least 3, but not more than 5, other members.\n\n#### 31 Appointment of Advisory Board members\n\n  (1) Subject to this section, the Advisory Board members are to be appointed by the Minister by written instrument, on a part‑time basis.\n\n> Note: An Advisory Board member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n  Eligibility for appointment\n  (2) A person is not eligible for appointment as an Advisory Board member unless the Minister is satisfied that the person has experience in, or knowledge of, at least one of the following fields:\n    (a) public or health leadership or administration;\n    (b) clinical expertise in organ or tissue donation and transplantation;\n    (c) business management;\n    (d) community leadership and engagement in relation to organ or tissue donation and transplantation matters;\n    (e) promotion of organ or tissue donation and transplantation matters;\n    (f) health consumer advocacy;\n    (g) any other field that the Minister considers appropriate.\n  Mix of Advisory Board members\n  (3) In appointing the Advisory Board members, the Minister must ensure, to the extent practicable, that those Advisory Board members are an appropriate mix of persons meeting the requirements of subsection (2).\n  Consultation\n  (4) Before the Minister appoints a person as an Advisory Board member (other than the Chair), the Minister must consult:\n    (a) the Minister of each State who is responsible, or principally responsible, for the administration of matters relating to health in the State; and\n    (b) the Minister of the Northern Territory who is responsible, or principally responsible, for the administration of matters relating to health in that Territory; and\n    (c) the Minister of the Australian Capital Territory who is responsible, or principally responsible, for the administration of matters relating to health in that Territory; and\n    (d) such other persons (if any) as the Minister considers appropriate.\n\n#### 32 Term of appointment\n\n  An Advisory Board member holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.\n\n#### 33 Acting appointment\n\n  Acting as the Chair\n  (1) The Minister may, by written instrument, appoint an Advisory Board member to act as the Chair:\n    (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n  Acting as an appointed Board member (other than the Chair)\n  (2) The Minister may, by written instrument, appoint a person to act as an Advisory Board member (other than the Chair):\n    (a) during a vacancy in the office of an Advisory Board member (other than the Chair), whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when an Advisory Board member (other than the Chair):\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n  (3) A person is not eligible for appointment under subsection (2) unless the Minister is satisfied that the person meets the requirements of subsection 31(2).\n\n#### 34 Remuneration\n\n  (1) An Advisory Board member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Advisory Board member is to be paid the remuneration that is prescribed by the regulations.\n  (2) An Advisory Board member is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 35 Leave of absence\n\n  (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n  (2) The Chair may grant leave of absence to any other Advisory Board member on the terms and conditions that the Chair determines.\n  (3) The Chair must notify the Minister if the Chair grants an Advisory Board member leave of absence for a period that exceeds 3 months.\n\n#### 36 Other terms and conditions\n\n  An Advisory Board member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 37 Resignation\n\n  (1) An Advisory Board member may resign the member’s appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 38 Termination of appointment\n\n  (1) The Minister may terminate the appointment of an Advisory Board member:\n    (a) for misbehaviour; or\n    (b) if the Advisory Board member is unable to perform the duties of that member’s office because of physical or mental incapacity.\n  (2) The Minister may terminate the appointment of an Advisory Board member if:\n    (a) the Advisory Board member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with that member’s creditors; or\n    (iv) makes an assignment of that member’s remuneration for the benefit of that member’s creditors; or\n    (b) the Advisory Board member is absent, except on leave of absence, from 3 consecutive meetings of the Advisory Board; or\n    (c) the Advisory Board member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n### Division 3—Meetings of the Advisory Board\n\n#### 39 Convening meetings\n\n  (1) The Advisory Board must hold such meetings as are necessary for the efficient performance of its functions.\n  (2) The Chair must convene at least 4 meetings of the Advisory Board each financial year.\n\n#### 40 Presiding at meetings\n\n  (1) The Chair must preside at all meetings of the Advisory Board at which the Chair is present.\n  (2) If the Chair is not present at a meeting of the Advisory Board:\n    (a) the Deputy Chair is to preside; or\n    (b) if the Deputy Chair is not present—the other Advisory Board members present must appoint one of themselves to preside.\n\n#### 41 Conduct of meetings\n\n  The Advisory Board may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.\n\n#### 42 Minutes\n\n  The Advisory Board must keep minutes of its meetings.\n\n## Part 5—Expert advisory committees\n\n#### 44 Establishment of expert advisory committees\n\n  (1) The CEO may, by writing, establish committees, to be known as expert advisory committees.\n\n> Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  (2) An instrument made under subsection (1) is not a legislative instrument.\n\n#### 45 Function of expert advisory committees\n\n  An expert advisory committee has the function of advising the CEO about organ or tissue donation and transplantation matters referred to it by the CEO.\n\n#### 46 Appointment of expert advisory committee members etc.\n\n  (1) Each expert advisory committee member is to be appointed by the CEO by written instrument.\n  (2) An expert advisory committee member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n\n> Note: An expert advisory committee member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n  (3) An expert advisory committee member holds office on a part‑time basis.\n  (4) The CEO may terminate the appointment of an expert advisory committee member.\n\n#### 47 Procedures of expert advisory committees\n\n  (1) The CEO may give an expert advisory committee written directions about:\n    (a) the way in which the committee is to carry out its function; and\n    (b) procedures to be followed in relation to meetings.\n\n> Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  (2) A direction given under subsection (1) is not a legislative instrument.\n\n#### 48 Remuneration and allowances\n\n  (1) An expert advisory committee member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.\n  (2) However, an expert advisory committee member is not entitled to be paid remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:\n    (a) a State; or\n    (b) a corporation (a public statutory corporation) that:\n    (i) is established for a public purpose by a law of a State; and\n    (ii) is not a tertiary education institution; or\n    (c) a company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by a State; or\n    (d) a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation.\n\n> Note: A similar rule applies to an expert advisory committee member who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973.\n\n  (3) An expert advisory committee member is to be paid the allowances that are prescribed by the regulations.\n  (4) This section (other than subsection (2)) has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 49 Leave of absence\n\n  The CEO may grant leave of absence to an expert advisory committee member on the terms and conditions that the CEO determines.\n\n#### 50 Resignation\n\n  (1) An expert advisory committee member may resign his or her appointment by giving the CEO a written resignation.\n  (2) The resignation takes effect on the day it is received by the CEO or, if a later day is specified in the resignation, on that later day.\n\n#### 51 Disclosure of interests to the CEO\n\n  (1) A disclosure by an expert advisory committee member under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the CEO.\n  (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n  (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the expert advisory committee member is taken not to have complied with section 29 of that Act if the member does not comply with subsection (1) of this section.\n  (4) The CEO may terminate the appointment of an expert advisory committee member if the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013, or the rules made for the purposes of that section.\n  (5) Subsection (4) does not limit subsection 46(4).\n\n#### 53 Other terms and conditions\n\n  An expert advisory committee member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the CEO.\n\n## Part 6—Grants\n\n#### 54 Grant to a State\n\n  Scope\n  (1) This section applies to a grant of financial assistance to a State if:\n    (a) the grant is made by the Authority on behalf of the Commonwealth; and\n    (b) the grant relates to one or more organ or tissue donation and transplantation matters.\n\n> Note: See paragraph 11(1)(g) (grants of financial assistance).\n\n  Terms and conditions\n  (2) The terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the State.\n  (3) An agreement under subsection (2) may be entered into by the Authority on behalf of the Commonwealth.\n  (4) A term or condition set out in an agreement under subsection (2) may require compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b).\n\n#### 55 Grant to a Territory\n\n  Scope\n  (1) This section applies to a grant of financial assistance to a Territory if:\n    (a) the grant is made by the Authority on behalf of the Commonwealth; and\n    (b) the grant relates to one or more organ or tissue donation and transplantation matters.\n\n> Note: See paragraph 11(1)(g) (grants of financial assistance).\n\n  Terms and conditions\n  (2) The terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the Territory.\n  (3) An agreement under subsection (2) may be entered into by the Authority on behalf of the Commonwealth.\n  (4) A term or condition set out in an agreement under subsection (2) may require compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b).\n\n#### 56 Grant to a person other than a State or Territory\n\n  Scope\n  (1) This section applies to a grant of financial assistance to a person other than a State or Territory if:\n    (a) the grant is made by the Authority on behalf of the Commonwealth; and\n    (b) the grant relates to one or more organ or tissue donation and transplantation matters.\n\n> Note: See paragraph 11(1)(g) (grants of financial assistance).\n\n  Terms and conditions\n  (2) The terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the person.\n  (2A) If the grant of financial assistance is made to a constitutional corporation, the corporation must comply with the terms and conditions.\n  (3) An agreement under subsection (2) may be entered into by the Authority on behalf of the Commonwealth.\n  (4) A term or condition set out in an agreement under subsection (2) may require compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b).\n\n## Part 7—Miscellaneous\n\n#### 57 Compliance with policies, protocols, standards and codes\n\n  (1) Compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b);\n  is voluntary.\n  (2) Subsection (1) does not prevent compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b);\n  from being a term or condition of:\n    (c) a grant of financial assistance; or\n    (d) a contract or other legally enforceable agreement.\n  (3) Subsection (1) does not prevent:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b);\n  from being applied or adopted by or under:\n    (c) a law of a State or Territory; or\n    (d) a law of the Commonwealth other than this Act.\n\n#### 58 Protection of patient confidentiality—Authority and CEO\n\n  (1A) In the performance of the Authority’s functions, the Authority must not publish or disseminate information that is likely to enable the identification of a particular organ or tissue donor or recipient.\n  (1) In the performance of the CEO’s functions, the CEO must not publish or disseminate information that is likely to enable the identification of a particular organ or tissue donor or recipient.\n  (2) Subsections (1A) and (1) do not apply if the publication or dissemination of the information takes place with the consent of:\n    (a) if the organ or tissue donor or recipient is aged at least 18 years—the organ or tissue donor or recipient; or\n    (ab) if the organ or tissue donor or recipient is under 16 years of age—a parent or legal guardian of the organ or tissue donor or recipient; or\n    (ac) if the organ or tissue donor or recipient:\n    (i) is 16 or 17 years of age; and\n    (ii) has legal capacity to consent to the publication or dissemination of the information;\n    the organ or tissue donor or recipient; or\n    (ad) if the organ or tissue donor or recipient:\n    (i) is 16 or 17 years of age; and\n    (ii) does not have legal capacity to consent to the publication or dissemination of the information;\n    a parent or legal guardian of the organ or tissue donor or recipient; or\n    (b) if the organ or tissue donor or recipient has died but is survived by one or more authorised family members—any of those authorised family members; or\n    (c) in any other case—an individual who, under the regulations, is authorised to give consent to the publication or dissemination of the information.\n  (3) Subsection (2) does not permit the publication or dissemination by the Authority or the CEO of information that reveals that an organ and/or tissue was:\n    (a) removed from the body of a particular organ or tissue donor; and\n    (b) transplanted to the body of a particular organ or tissue recipient.\n  (4) To avoid doubt, if the publication or dissemination by the Authority or the CEO of particular information is permitted by subsection (2), a law of a State or Territory does not prevent the publication or dissemination by the Authority or the CEO of the information.\n\n#### 58A Publication, dissemination or disclosure of patient information—DonateLife Agencies, grant recipients and authorised family members\n\n  Scope\n  (1) This section applies if:\n    (a) an organ or tissue donation and transplantation has occurred; and\n    (b) the organ or tissue donor or recipient has died.\n  Publication, dissemination or disclosure by a DonateLife Agency or grant recipient\n  (2) Either of the following:\n    (a) a DonateLife Agency;\n    (b) a person who is a party to an agreement that:\n    (i) is in force; and\n    (ii) provides for the making of one or more grants under paragraph 11(1)(g) to the person;\n  may publish, disseminate or disclose information that is likely to enable the identification of the deceased organ or tissue donor or the deceased organ or tissue recipient (as the case requires) if:\n    (c) the publication, dissemination or disclosure is for the purposes of any of the following activities:\n    (i) an educational activity that is relevant to an organ or tissue donation and transplantation matter;\n    (ii) a commemorative activity that is an organ or tissue donation and transplantation matter;\n    (iii) a promotional activity that is relevant to an organ or tissue donation and transplantation matter;\n    (iv) a community awareness activity that is relevant to an organ or tissue donation and transplantation matter; and\n    (d) the publication, dissemination or disclosure is made with the consent of an authorised family member of the deceased organ or tissue donor or recipient; and\n    (e) the publication, dissemination or disclosure is made:\n    (i) using a service to which paragraph 51(v) of the Constitution applies; or\n    (ii) using an electronic service (within the meaning of the Online Safety Act 2021); or\n    (iii) in a Territory; or\n    (iv) in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or\n    (v) by a constitutional corporation.\n  Publication, dissemination or disclosure by an authorised family member\n  (3) An authorised family member of the deceased organ or tissue donor or recipient may publish, disseminate or disclose information that is likely to enable the identification of the deceased organ or tissue donor or the deceased organ or tissue recipient (as the case requires) if:\n    (a) the publication, dissemination or disclosure is for the purposes of any of the following activities of the Authority or a DonateLife Agency:\n    (i) an educational activity that is relevant to an organ or tissue donation and transplantation matter;\n    (ii) a commemorative activity that is an organ or tissue donation and transplantation matter;\n    (iii) a promotional activity that is relevant to an organ or tissue donation and transplantation matter;\n    (iv) a community awareness activity that is relevant to an organ or tissue donation and transplantation matter; and\n    (b) the publication, dissemination or disclosure is made:\n    (i) using a service to which paragraph 51(v) of the Constitution applies; or\n    (ii) using an electronic service (within the meaning of the Online Safety Act 2021); or\n    (iii) in a Territory; or\n    (iv) in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970).\n  (4) Subsections (2) and (3) have effect despite anything in a law of a State or Territory.\n  Secondary publication, dissemination or disclosure\n  (5) If information has been the subject of a publication, dissemination or disclosure under subsection (2) or (3), a person may publish, disseminate or disclose that information if:\n    (a) the publication, dissemination or disclosure is for the purposes of reporting on any of the following activities:\n    (i) an educational activity that is relevant to an organ or tissue donation and transplantation matter;\n    (ii) a commemorative activity that is an organ or tissue donation and transplantation matter;\n    (iii) a promotional activity that is relevant to an organ or tissue donation and transplantation matter;\n    (iv) a community awareness activity that is relevant to an organ or tissue donation and transplantation matter; and\n    (b) the publication, dissemination or disclosure is made:\n    (i) using a service to which paragraph 51(v) of the Constitution applies; or\n    (ii) using an electronic service (within the meaning of the Online Safety Act 2021); or\n    (iii) in a Territory; or\n    (iv) in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970).\n  (6) Subsection (5) has effect despite anything in a law of a State or Territory.\n\n#### 59 Concurrent operation of State and Territory laws etc.\n\n  (1) This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n  (2) This Act does not affect the operation of:\n    (a) a law of a State or Territory; or\n    (b) a rule of common law;\n  to the extent that the law or rule requires the giving of consent to the removal of an organ or tissue from the body of an individual (whether living or deceased).\n  (3) Subsection (2) does not limit subsection (1).\n\n#### 60 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted to be prescribed by this Act; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":20},{"sectionNumber":"14A","sectionType":"section","heading":"CEO","content":"#### 14A CEO\n\n  There is to be a Chief Executive Officer of the Authority.","sortOrder":21},{"sectionNumber":"14B","sectionType":"section","heading":"Functions of the CEO","content":"#### 14B Functions of the CEO\n\n  (1) The functions of the CEO are:\n    (a) to determine objectives, strategies and policies to be followed by the Authority in the performance of its functions; and\n    (b) to ensure the proper, efficient and effective performance of the Authority’s functions; and\n    (c) to manage the administration of the Authority; and\n    (d) such other functions as are conferred on the CEO by this Act or any other law; and\n    (e) to do anything incidental or conducive to the performance of any of the above functions.\n  (2) The CEO has power to do all things necessary or convenient to be done for, or in connection with, the performance of the CEO’s functions.","sortOrder":22},{"sectionNumber":"14","sectionType":"section","heading":"Appointment of the CEO","content":"#### 14 Appointment of the CEO\n\n  (1) The CEO is to be appointed by the Minister by written instrument.\n  (2) The CEO holds office on a full‑time basis.","sortOrder":23},{"sectionNumber":"15","sectionType":"section","heading":"Period of appointment for the CEO","content":"#### 15 Period of appointment for the CEO\n\n  The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.","sortOrder":24},{"sectionNumber":"16","sectionType":"section","heading":"Acting appointments","content":"#### 16 Acting appointments\n\n  The Minister may appoint a person to act as the CEO:\n    (a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.","sortOrder":25},{"sectionNumber":"Division 3","sectionType":"division","heading":"Terms and conditions for the CEO","content":"An Act to establish the Australian Organ and Tissue Donation and Transplantation Authority, and for other purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Organ and Tissue Donation and Transplantation Authority Act 2008.\n\n#### 2 Commencement\n\n  This Act commences on 1 January 2009.\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Act:\n\nThis Act establishes the Australian Organ and Tissue Donation and Transplantation Authority. The Authority has a number of functions relating to organ or tissue donation and transplantation matters.\n\nThe Authority consists of the Chief Executive Officer and the staff of the Authority. The functions of the CEO include:\n\n(a) determining objectives, strategies and policies to be followed by the Authority in the performance of its functions; and\n\n(b) ensuring the proper, efficient and effective performance of the Authority’s functions; and\n\n(c) managing the administration of the Authority.\n\nThe Australian Organ and Tissue Donation and Transplantation Advisory Board is also established by this Act. The Advisory Board’s main function is advising the CEO about a number of matters including organ or tissue donation and transplantation matters.\n\nThe Act also provides for the CEO to establish expert advisory committees and for the Authority to make grants relating to organ or tissue donation and transplantation matters.\n\n#### 4 Definitions\n\n  In this Act:\n\n> Advisory Board member means a member of the Advisory Board (and includes the Chair and Deputy Chair).\n\n> Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.\n\n> authorised family member has the meaning given by section 5.\n\n> Authority means the Australian Organ and Tissue Donation and Transplantation Authority.\n\n> Board means the Australian Organ and Tissue Donation and Transplantation Advisory Board.\n\n> CEO means the Chief Executive Officer of the Authority.\n\n> Chair means the Chair of the Advisory Board.\n\n> child has a meaning affected by section 5B.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> de facto partner has the meaning given by the Acts Interpretation Act 1901.\n\n> Deputy Chair means the Deputy Chair of the Advisory Board.\n\n> DonateLife Agency has the meaning given by section 5F.\n\n> expert advisory committee means a committee established under section 44.\n\n> expert advisory committee member means a member of an expert advisory committee, and includes the Chair of an expert advisory committee.\n\n> improving includes maintaining.\n\n> organ means an organ of a human body (within the ordinary meaning of that expression).\n\n> organ or tissue donation and transplantation means:\n\n    (a) the removal of an organ and/or tissue from the body of an individual (whether living or deceased) for the purpose of its transplantation to the body of a living individual (other than the individual from which it was removed); or\n    (b) the transplantation to the body of a living individual of an organ and/or tissue removed from the body of another individual (whether living or deceased);\n  or both.\n\n> organ or tissue donation and transplantation matter means a matter relating to organ or tissue donation and transplantation, and includes the following matters:\n\n    (a) the provision of an organ or tissue donation and transplantation service;\n    (b) the identification of potential organ or tissue donors;\n    (c) the obtaining of organs or tissue for transplantation;\n    (d) waiting lists for potential organ or tissue recipients;\n    (e) the allocation of organs or tissue for transplantation;\n    (f) support services for organ or tissue donors and their partners and families;\n    (g) the skills and knowledge of people involved in providing organ or tissue donation and transplantation services;\n    (ga) commemorative activities relating to organ or tissue donors or recipients;\n    (h) public knowledge about, and confidence in, organ or tissue donation and transplantation services.\n\n> organ or tissue donation and transplantation service means:\n\n    (a) a service relating to organ or tissue donation and transplantation; or\n    (b) a service that is ancillary or incidental to a service covered by paragraph (a).\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> parent has a meaning affected by section 5B.\n\n> partner has the meaning given by section 5A.\n\n> sibling has a meaning affected by section 5D.\n\n> stepchild has a meaning affected by section 5E.\n\n> tissue means:\n\n    (a) a part of a human body (other than an organ); or\n    (b) a part of an organ; or\n    (c) a substance extracted from, or from a part of:\n    (i) an organ; or\n    (ii) any other part of a human body;\n  but does not include a substance or thing specified in the regulations.\n\n> transplantation, in relation to an organ or tissue, includes:\n\n    (a) the transplantation of a part of the organ or tissue; and\n    (b) the transplantation of a substance obtained from the organ or tissue.\n\n#### 5 Meaning of authorised family member\n\n  In this Act, authorised family member of an organ or tissue donor or recipient who has died means any of the following persons:\n    (a) the partner of the organ or tissue donor or recipient;\n    (b) a parent or legal guardian of the organ or tissue donor or recipient;\n    (c) a child of the organ or tissue donor or recipient;\n    (d) a sibling of the organ or tissue donor or recipient;\n    (e) a grandparent of the organ or tissue donor or recipient;\n    (f) a grandchild of the organ or tissue donor or recipient;\n    (g) if the organ or tissue donor or recipient has traditional Aboriginal or Torres Strait Islander kinship ties—a person who is related to the organ or tissue donor or recipient under Aboriginal or Torres Strait Islander kinship rules;\n    (h) if the organ or tissue donor or recipient is a member of a community that accepts relationships other than those referred to in paragraphs (a) to (g) as kinship ties—a person who is accepted by the community to be related to the organ or tissue donor or recipient;\n    (i) a person who, under the regulations, is taken to be an authorised family member of the organ or tissue donor or recipient.\n\n#### 5A Meaning of partner\n\n  (1) In this Act, partner of a person means:\n    (a) the person’s spouse; or\n    (b) the person’s de facto partner.\n  (2) However, if more than one person would qualify as a partner of a person (the first person) under subsection (1), then only the last person to so qualify is the partner of the first person for the purposes of this Act.\n\n#### 5B Meaning of child\n\n  (1) In this Act, child of a person includes:\n    (a) an adopted child, stepchild, exnuptial child or foster child of the person; and\n    (b) someone who is a child of the person within the meaning of the Family Law Act 1975.\n  Tracing family relationships\n  (2) For the purposes of this Act, if one person is the child of another person because of subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n#### 5C Meaning of parent\n\n> Without limiting who is a parent of a person for the purposes of this Act, a person (the first person) is a parent of another person if the other person is the first person’s child.\n\n#### 5D Meaning of sibling\n\n  In this Act, sibling of a person includes a half‑brother, half‑sister, adoptive brother, adoptive sister, step‑brother, step‑sister, foster‑brother and foster‑sister of the person.\n\n#### 5E Meaning of stepchild\n\nIn this Act, without limiting who is a stepchild of a person, a person (the first person) is a stepchild of another person (the second person) if the first person would be the second person’s stepchild except that the second person is not legally married to the second person’s de facto partner.\n\n#### 5F Meaning of DonateLife Agency\n\n  (1) The Minister may, by legislative instrument, declare that a specified agency is a DonateLife Agency for the purposes of this Act.\n  (2) The Minister must not declare under subsection (1) that an agency is a DonateLife Agency unless the Minister is satisfied that the agency has a role or function in relation to one or more organ or tissue donation and transplantation matters.\n  Consultation\n  (3) Before the Minister makes a declaration under subsection (1) in relation to:\n    (a) a Department of a State; or\n    (b) a part of a Department of a State; or\n    (c) an authority of a State; or\n    (d) a part of an authority of a State;\n  the Minister must consult the Minister of the State who is responsible, or principally responsible, for the administration of matters relating to health in the State.\n  (4) Before the Minister makes a declaration under subsection (1) in relation to:\n    (a) a Department of the Northern Territory; or\n    (b) a part of a Department of the Northern Territory; or\n    (c) an authority of the Northern Territory; or\n    (d) a part of an authority of the Northern Territory;\n  the Minister must consult the Minister of the Northern Territory who is responsible, or principally responsible, for the administration of matters relating to health in the Northern Territory.\n  (5) Before the Minister makes a declaration under subsection (1) in relation to:\n    (a) a Department of the Australian Capital Territory; or\n    (b) a part of a Department of the Australian Capital Territory; or\n    (c) an authority of the Australian Capital Territory; or\n    (d) a part of an authority of the Australian Capital Territory;\n  the Minister must consult the Minister of the Australian Capital Territory who is responsible, or principally responsible, for the administration of matters relating to health in the Australian Capital Territory.\n  Agency\n  (6) For the purposes of this section, agency means:\n    (a) a Department of a State or Territory; or\n    (b) a part of a Department of a State or Territory; or\n    (c) an authority of a State or Territory; or\n    (d) a part of an authority of a State or Territory; or\n    (e) a body corporate.\n\n#### 6 Crown to be bound\n\n  This Act binds the Crown in each of its capacities.\n\n#### 7 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n## Part 2—Australian Organ and Tissue Donation and Transplantation Authority\n\n#### 8 Establishment of the Australian Organ and Tissue Donation and Transplantation Authority\n\n  (1) The Australian Organ and Tissue Donation and Transplantation Authority is established by this section.\n\n> Note: In this Act, Authority means the Australian Organ and Tissue Donation and Transplantation Authority—see section 4.\n\n  (2) The Authority may also be known by a name specified in the regulations.\n  (3) The Authority consists of:\n    (aa) the CEO; and\n    (b) the staff of the Authority.\n\n> Note: The Authority does not have a legal identity separate from the Commonwealth.\n\n  (4) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the following combination of bodies is a listed entity:\n    (i) the Authority;\n    (ii) the Advisory Board; and\n    (aa) the listed entity is to be known as the Australian Organ and Tissue Donation and Transplantation Authority; and\n    (b) the CEO is the accountable authority of the Authority; and\n    (c) the following persons are officials of the Authority:\n    (i) the CEO;\n    (ii) the Advisory Board members;\n    (iii) the staff of the Authority;\n    (iv) consultants engaged under section 26;\n    (v) persons whose services are made available to the Authority under section 27;\n    (vi) an expert advisory committee member; and\n    (d) the purposes of the Authority include:\n    (i) the functions of the Authority referred to in section 11; and\n    (ii) the functions of the CEO referred to in section 14B; and\n    (iii) the functions of the Advisory Board referred to in section 29; and\n    (iv) the functions of an expert advisory committee referred to in section 45.\n\n#### 11 Functions of the Authority\n\n  (1) The functions of the Authority are:\n    (a) to formulate, in writing, policies and protocols relating to organ or tissue donation and transplantation matters; and\n    (b) to declare, in writing, standards and codes of practice relating to organ or tissue donation and transplantation matters; and\n    (c) to support and encourage the implementation of:\n    (i) policies and protocols formulated under paragraph (a); and\n    (ii) standards and codes of practice declared under paragraph (b); and\n    (d) to collect, analyse, interpret and disseminate information relating to organ or tissue donation and transplantation matters; and\n    (e) to support, encourage, conduct and evaluate training programs that are directed towards improving the skills and knowledge of people involved in organ or tissue donation and transplantation services; and\n    (f) to support, encourage, conduct and evaluate educational, promotional and community awareness programs that are relevant to organ or tissue donation and transplantation matters; and\n    (g) to make, on behalf of the Commonwealth, grants of financial assistance in relation to organ or tissue donation and transplantation matters; and\n    (h) to support, encourage, conduct and evaluate research about organ or tissue donation and transplantation matters; and\n    (i) to publish (whether on the internet or otherwise) reports and papers relating to organ or tissue donation and transplantation matters; and\n    (j) to advise the Minister about organ or tissue donation and transplantation matters; and\n    (k) to consult and co‑operate with other persons, organisations and governments on organ or tissue donation and transplantation matters; and\n    (l) such other functions as are conferred on the Authority by this Act or any other law; and\n    (m) such other functions (if any) as are specified in a written instrument given by the Minister to the Authority; and\n    (n) to do anything incidental to or conducive to the performance of any of the above functions.\n\n> Note 1: See also section 57 (compliance with policies, protocols, standards and codes is voluntary).\n\n> Note 2: See also section 58 (protection of patient confidentiality).\n\n> Note 3: See also sections 54 to 56 (terms and conditions of grants).\n\n> Note 4: For variation and revocation of instruments made under paragraph (a), (b) or (m), see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  Constitutional limits\n  (2) The Authority may perform its functions only:\n    (a) with respect to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; or\n    (b) with respect to the executive power of the Commonwealth; or\n    (c) with respect to statistics; or\n    (d) with respect to, or in, a Territory; or\n    (e) with respect to, or in, a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or\n    (f) with respect to trade and commerce:\n    (i) between Australia and places outside Australia; or\n    (ii) among the States; or\n    (iii) within a Territory, between a State and a Territory or between 2 Territories; or\n    (g) with respect to the granting of financial assistance to a constitutional corporation for the purposes of carrying out the corporation’s activities; or\n    (h) with respect to the provision of medical services; or\n    (i) with respect to a postal, telegraphic, telephonic or other like service; or\n    (j) with respect to the provision of a service to:\n    (i) the Commonwealth; or\n    (ii) an authority of the Commonwealth;\n    for a purpose of the Commonwealth; or\n    (k) with respect to the implied power of the Parliament to make laws with respect to nationhood; or\n    (l) with respect to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n  (2A) A term used in subsection (2) and the Constitution has the same meaning in that subsection as it has in the Constitution.\n  Legislative instruments\n  (3) A policy or protocol formulated under paragraph (1)(a) is not a legislative instrument.\n  (4) A standard or code of practice declared under paragraph (1)(b) is not a legislative instrument.\n  (5) A declaration made under paragraph (1)(b) is not a legislative instrument.\n  (6) An instrument made under paragraph (1)(m) is not a legislative instrument.\n\n#### 12 Authority must have regard to certain objectives etc.\n\n  In performing the Authority’s functions under this Act, the Authority must have regard to:\n    (a) the following objectives:\n    (i) promoting a co‑ordinated and consistent approach to organ or tissue donation and transplantation matters;\n    (ii) improving access to organ or tissue donation and transplantation services;\n    (iii) improving the identification of potential organ or tissue donors;\n    (iv) minimising waiting times for potential organ or tissue recipients;\n    (v) improving the management of waiting lists for potential organ or tissue recipients;\n    (vi) improving the management of the allocation of donated organs or tissue;\n    (vii) improving support services for organ or tissue donors and their partners and families;\n    (viii) improving the skills and knowledge of people involved in providing organ or tissue donation and transplantation services;\n    (ix) improving public knowledge about, and public confidence in, organ or tissue donation and transplantation services; and\n    (b) international best practice; and\n    (c) safety; and\n    (d) effectiveness; and\n    (e) privacy; and\n    (f) equity; and\n    (g) transparency; and\n    (h) such other matters (if any) as the Authority considers relevant.\n\n#### 13 Minister may give directions to the Authority\n\n  (1) The Minister may, by legislative instrument, give written directions to the Authority about the performance of the Authority’s functions.\n\n> Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n  (2) A direction under subsection (1) must be of a general nature only.\n  (3) The Authority must comply with a direction under subsection (1).\n\n## Part 3—Chief Executive Officer and staff etc.\n\n### Division 1—Chief Executive Officer\n\n#### 14A CEO\n\n  There is to be a Chief Executive Officer of the Authority.\n\n#### 14B Functions of the CEO\n\n  (1) The functions of the CEO are:\n    (a) to determine objectives, strategies and policies to be followed by the Authority in the performance of its functions; and\n    (b) to ensure the proper, efficient and effective performance of the Authority’s functions; and\n    (c) to manage the administration of the Authority; and\n    (d) such other functions as are conferred on the CEO by this Act or any other law; and\n    (e) to do anything incidental or conducive to the performance of any of the above functions.\n  (2) The CEO has power to do all things necessary or convenient to be done for, or in connection with, the performance of the CEO’s functions.\n\n#### 14 Appointment of the CEO\n\n  (1) The CEO is to be appointed by the Minister by written instrument.\n  (2) The CEO holds office on a full‑time basis.\n\n#### 15 Period of appointment for the CEO\n\n  The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 16 Acting appointments\n\n  The Minister may appoint a person to act as the CEO:\n    (a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n### Division 3—Terms and conditions for the CEO\n\n#### 17 Remuneration and allowances\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18 Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 19 Resignation\n\n  (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 20 Outside employment\n\n  The CEO must not engage in paid employment outside the duties of his or her office without the Minister’s approval.\n\n#### 22 Termination of appointment\n\n  (1) The Minister may terminate the appointment of the CEO:\n    (a) for misbehaviour; or\n    (b) if the CEO is unable to perform the duties of the CEO’s office because of physical or mental incapacity.\n  (2) The Minister may terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Minister’s approval, in paid work outside the duties of his or her office; or\n    (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n#### 23 Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n### Division 5—Staff etc.\n\n#### 25 Staff\n\n  (1) The staff of the Authority are to be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the Authority staff together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n\n#### 26 Consultants\n\n  (1) The CEO may, on behalf of the Commonwealth, engage persons having suitable qualifications and experience as consultants to assist in the performance of the Authority’s functions.\n  (2) The consultants are to be engaged on the terms and conditions that the CEO determines in writing.\n\n#### 27 Persons assisting the Authority\n\n  The Authority may also be assisted:\n    (a) by officers and employees of Agencies (within the meaning of the Public Service Act 1999); or\n    (b) by officers and employees of authorities of the Commonwealth; or\n    (c) by officers and employees of a State or Territory; or\n    (d) by officers and employees of authorities of a State or Territory;\n  whose services are made available to the Authority in connection with the performance of any of the Authority’s functions.\n\n## Part 4—Australian Organ and Tissue Donation and Transplantation Advisory Board\n\n### Division 1—Establishment and functions of the Advisory Board\n\n#### 28 Establishment of the Advisory Board\n\n  The Australian Organ and Tissue Donation and Transplantation Advisory Board is established by this section.\n\n#### 29 Functions of the Advisory Board\n\n  (1) The functions of the Advisory Board are:\n    (a) to advise the CEO, either on its own initiative or at the request of the CEO, about the following matters:\n    (i) the objectives, strategies and policies to be followed by the Authority in the performance of its functions;\n    (ii) the performance of the Authority’s functions;\n    (iii) organ or tissue donation and transplantation matters; and\n    (b) to provide strategic advice to the Minister about the performance of the Authority’s functions if requested to do so by the Minister; and\n    (c) to do anything incidental or conducive to the performance of any of the above functions.\n  (2) The Advisory Board has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.\n\n### Division 2—Members of the Advisory Board\n\n#### 30 Membership\n\n  The Advisory Board consists of:\n    (a) the Chair; and\n    (b) the Deputy Chair; and\n    (c) at least 3, but not more than 5, other members.\n\n#### 31 Appointment of Advisory Board members\n\n  (1) Subject to this section, the Advisory Board members are to be appointed by the Minister by written instrument, on a part‑time basis.\n\n> Note: An Advisory Board member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n  Eligibility for appointment\n  (2) A person is not eligible for appointment as an Advisory Board member unless the Minister is satisfied that the person has experience in, or knowledge of, at least one of the following fields:\n    (a) public or health leadership or administration;\n    (b) clinical expertise in organ or tissue donation and transplantation;\n    (c) business management;\n    (d) community leadership and engagement in relation to organ or tissue donation and transplantation matters;\n    (e) promotion of organ or tissue donation and transplantation matters;\n    (f) health consumer advocacy;\n    (g) any other field that the Minister considers appropriate.\n  Mix of Advisory Board members\n  (3) In appointing the Advisory Board members, the Minister must ensure, to the extent practicable, that those Advisory Board members are an appropriate mix of persons meeting the requirements of subsection (2).\n  Consultation\n  (4) Before the Minister appoints a person as an Advisory Board member (other than the Chair), the Minister must consult:\n    (a) the Minister of each State who is responsible, or principally responsible, for the administration of matters relating to health in the State; and\n    (b) the Minister of the Northern Territory who is responsible, or principally responsible, for the administration of matters relating to health in that Territory; and\n    (c) the Minister of the Australian Capital Territory who is responsible, or principally responsible, for the administration of matters relating to health in that Territory; and\n    (d) such other persons (if any) as the Minister considers appropriate.\n\n#### 32 Term of appointment\n\n  An Advisory Board member holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.\n\n#### 33 Acting appointment\n\n  Acting as the Chair\n  (1) The Minister may, by written instrument, appoint an Advisory Board member to act as the Chair:\n    (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n  Acting as an appointed Board member (other than the Chair)\n  (2) The Minister may, by written instrument, appoint a person to act as an Advisory Board member (other than the Chair):\n    (a) during a vacancy in the office of an Advisory Board member (other than the Chair), whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when an Advisory Board member (other than the Chair):\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n  (3) A person is not eligible for appointment under subsection (2) unless the Minister is satisfied that the person meets the requirements of subsection 31(2).\n\n#### 34 Remuneration\n\n  (1) An Advisory Board member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Advisory Board member is to be paid the remuneration that is prescribed by the regulations.\n  (2) An Advisory Board member is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 35 Leave of absence\n\n  (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n  (2) The Chair may grant leave of absence to any other Advisory Board member on the terms and conditions that the Chair determines.\n  (3) The Chair must notify the Minister if the Chair grants an Advisory Board member leave of absence for a period that exceeds 3 months.\n\n#### 36 Other terms and conditions\n\n  An Advisory Board member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 37 Resignation\n\n  (1) An Advisory Board member may resign the member’s appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 38 Termination of appointment\n\n  (1) The Minister may terminate the appointment of an Advisory Board member:\n    (a) for misbehaviour; or\n    (b) if the Advisory Board member is unable to perform the duties of that member’s office because of physical or mental incapacity.\n  (2) The Minister may terminate the appointment of an Advisory Board member if:\n    (a) the Advisory Board member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with that member’s creditors; or\n    (iv) makes an assignment of that member’s remuneration for the benefit of that member’s creditors; or\n    (b) the Advisory Board member is absent, except on leave of absence, from 3 consecutive meetings of the Advisory Board; or\n    (c) the Advisory Board member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n### Division 3—Meetings of the Advisory Board\n\n#### 39 Convening meetings\n\n  (1) The Advisory Board must hold such meetings as are necessary for the efficient performance of its functions.\n  (2) The Chair must convene at least 4 meetings of the Advisory Board each financial year.\n\n#### 40 Presiding at meetings\n\n  (1) The Chair must preside at all meetings of the Advisory Board at which the Chair is present.\n  (2) If the Chair is not present at a meeting of the Advisory Board:\n    (a) the Deputy Chair is to preside; or\n    (b) if the Deputy Chair is not present—the other Advisory Board members present must appoint one of themselves to preside.\n\n#### 41 Conduct of meetings\n\n  The Advisory Board may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.\n\n#### 42 Minutes\n\n  The Advisory Board must keep minutes of its meetings.\n\n## Part 5—Expert advisory committees\n\n#### 44 Establishment of expert advisory committees\n\n  (1) The CEO may, by writing, establish committees, to be known as expert advisory committees.\n\n> Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  (2) An instrument made under subsection (1) is not a legislative instrument.\n\n#### 45 Function of expert advisory committees\n\n  An expert advisory committee has the function of advising the CEO about organ or tissue donation and transplantation matters referred to it by the CEO.\n\n#### 46 Appointment of expert advisory committee members etc.\n\n  (1) Each expert advisory committee member is to be appointed by the CEO by written instrument.\n  (2) An expert advisory committee member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n\n> Note: An expert advisory committee member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n  (3) An expert advisory committee member holds office on a part‑time basis.\n  (4) The CEO may terminate the appointment of an expert advisory committee member.\n\n#### 47 Procedures of expert advisory committees\n\n  (1) The CEO may give an expert advisory committee written directions about:\n    (a) the way in which the committee is to carry out its function; and\n    (b) procedures to be followed in relation to meetings.\n\n> Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  (2) A direction given under subsection (1) is not a legislative instrument.\n\n#### 48 Remuneration and allowances\n\n  (1) An expert advisory committee member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.\n  (2) However, an expert advisory committee member is not entitled to be paid remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:\n    (a) a State; or\n    (b) a corporation (a public statutory corporation) that:\n    (i) is established for a public purpose by a law of a State; and\n    (ii) is not a tertiary education institution; or\n    (c) a company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by a State; or\n    (d) a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation.\n\n> Note: A similar rule applies to an expert advisory committee member who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973.\n\n  (3) An expert advisory committee member is to be paid the allowances that are prescribed by the regulations.\n  (4) This section (other than subsection (2)) has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 49 Leave of absence\n\n  The CEO may grant leave of absence to an expert advisory committee member on the terms and conditions that the CEO determines.\n\n#### 50 Resignation\n\n  (1) An expert advisory committee member may resign his or her appointment by giving the CEO a written resignation.\n  (2) The resignation takes effect on the day it is received by the CEO or, if a later day is specified in the resignation, on that later day.\n\n#### 51 Disclosure of interests to the CEO\n\n  (1) A disclosure by an expert advisory committee member under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the CEO.\n  (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n  (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the expert advisory committee member is taken not to have complied with section 29 of that Act if the member does not comply with subsection (1) of this section.\n  (4) The CEO may terminate the appointment of an expert advisory committee member if the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013, or the rules made for the purposes of that section.\n  (5) Subsection (4) does not limit subsection 46(4).\n\n#### 53 Other terms and conditions\n\n  An expert advisory committee member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the CEO.\n\n## Part 6—Grants\n\n#### 54 Grant to a State\n\n  Scope\n  (1) This section applies to a grant of financial assistance to a State if:\n    (a) the grant is made by the Authority on behalf of the Commonwealth; and\n    (b) the grant relates to one or more organ or tissue donation and transplantation matters.\n\n> Note: See paragraph 11(1)(g) (grants of financial assistance).\n\n  Terms and conditions\n  (2) The terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the State.\n  (3) An agreement under subsection (2) may be entered into by the Authority on behalf of the Commonwealth.\n  (4) A term or condition set out in an agreement under subsection (2) may require compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b).\n\n#### 55 Grant to a Territory\n\n  Scope\n  (1) This section applies to a grant of financial assistance to a Territory if:\n    (a) the grant is made by the Authority on behalf of the Commonwealth; and\n    (b) the grant relates to one or more organ or tissue donation and transplantation matters.\n\n> Note: See paragraph 11(1)(g) (grants of financial assistance).\n\n  Terms and conditions\n  (2) The terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the Territory.\n  (3) An agreement under subsection (2) may be entered into by the Authority on behalf of the Commonwealth.\n  (4) A term or condition set out in an agreement under subsection (2) may require compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b).\n\n#### 56 Grant to a person other than a State or Territory\n\n  Scope\n  (1) This section applies to a grant of financial assistance to a person other than a State or Territory if:\n    (a) the grant is made by the Authority on behalf of the Commonwealth; and\n    (b) the grant relates to one or more organ or tissue donation and transplantation matters.\n\n> Note: See paragraph 11(1)(g) (grants of financial assistance).\n\n  Terms and conditions\n  (2) The terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the person.\n  (2A) If the grant of financial assistance is made to a constitutional corporation, the corporation must comply with the terms and conditions.\n  (3) An agreement under subsection (2) may be entered into by the Authority on behalf of the Commonwealth.\n  (4) A term or condition set out in an agreement under subsection (2) may require compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b).\n\n## Part 7—Miscellaneous\n\n#### 57 Compliance with policies, protocols, standards and codes\n\n  (1) Compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b);\n  is voluntary.\n  (2) Subsection (1) does not prevent compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b);\n  from being a term or condition of:\n    (c) a grant of financial assistance; or\n    (d) a contract or other legally enforceable agreement.\n  (3) Subsection (1) does not prevent:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b);\n  from being applied or adopted by or under:\n    (c) a law of a State or Territory; or\n    (d) a law of the Commonwealth other than this Act.\n\n#### 58 Protection of patient confidentiality—Authority and CEO\n\n  (1A) In the performance of the Authority’s functions, the Authority must not publish or disseminate information that is likely to enable the identification of a particular organ or tissue donor or recipient.\n  (1) In the performance of the CEO’s functions, the CEO must not publish or disseminate information that is likely to enable the identification of a particular organ or tissue donor or recipient.\n  (2) Subsections (1A) and (1) do not apply if the publication or dissemination of the information takes place with the consent of:\n    (a) if the organ or tissue donor or recipient is aged at least 18 years—the organ or tissue donor or recipient; or\n    (ab) if the organ or tissue donor or recipient is under 16 years of age—a parent or legal guardian of the organ or tissue donor or recipient; or\n    (ac) if the organ or tissue donor or recipient:\n    (i) is 16 or 17 years of age; and\n    (ii) has legal capacity to consent to the publication or dissemination of the information;\n    the organ or tissue donor or recipient; or\n    (ad) if the organ or tissue donor or recipient:\n    (i) is 16 or 17 years of age; and\n    (ii) does not have legal capacity to consent to the publication or dissemination of the information;\n    a parent or legal guardian of the organ or tissue donor or recipient; or\n    (b) if the organ or tissue donor or recipient has died but is survived by one or more authorised family members—any of those authorised family members; or\n    (c) in any other case—an individual who, under the regulations, is authorised to give consent to the publication or dissemination of the information.\n  (3) Subsection (2) does not permit the publication or dissemination by the Authority or the CEO of information that reveals that an organ and/or tissue was:\n    (a) removed from the body of a particular organ or tissue donor; and\n    (b) transplanted to the body of a particular organ or tissue recipient.\n  (4) To avoid doubt, if the publication or dissemination by the Authority or the CEO of particular information is permitted by subsection (2), a law of a State or Territory does not prevent the publication or dissemination by the Authority or the CEO of the information.\n\n#### 58A Publication, dissemination or disclosure of patient information—DonateLife Agencies, grant recipients and authorised family members\n\n  Scope\n  (1) This section applies if:\n    (a) an organ or tissue donation and transplantation has occurred; and\n    (b) the organ or tissue donor or recipient has died.\n  Publication, dissemination or disclosure by a DonateLife Agency or grant recipient\n  (2) Either of the following:\n    (a) a DonateLife Agency;\n    (b) a person who is a party to an agreement that:\n    (i) is in force; and\n    (ii) provides for the making of one or more grants under paragraph 11(1)(g) to the person;\n  may publish, disseminate or disclose information that is likely to enable the identification of the deceased organ or tissue donor or the deceased organ or tissue recipient (as the case requires) if:\n    (c) the publication, dissemination or disclosure is for the purposes of any of the following activities:\n    (i) an educational activity that is relevant to an organ or tissue donation and transplantation matter;\n    (ii) a commemorative activity that is an organ or tissue donation and transplantation matter;\n    (iii) a promotional activity that is relevant to an organ or tissue donation and transplantation matter;\n    (iv) a community awareness activity that is relevant to an organ or tissue donation and transplantation matter; and\n    (d) the publication, dissemination or disclosure is made with the consent of an authorised family member of the deceased organ or tissue donor or recipient; and\n    (e) the publication, dissemination or disclosure is made:\n    (i) using a service to which paragraph 51(v) of the Constitution applies; or\n    (ii) using an electronic service (within the meaning of the Online Safety Act 2021); or\n    (iii) in a Territory; or\n    (iv) in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or\n    (v) by a constitutional corporation.\n  Publication, dissemination or disclosure by an authorised family member\n  (3) An authorised family member of the deceased organ or tissue donor or recipient may publish, disseminate or disclose information that is likely to enable the identification of the deceased organ or tissue donor or the deceased organ or tissue recipient (as the case requires) if:\n    (a) the publication, dissemination or disclosure is for the purposes of any of the following activities of the Authority or a DonateLife Agency:\n    (i) an educational activity that is relevant to an organ or tissue donation and transplantation matter;\n    (ii) a commemorative activity that is an organ or tissue donation and transplantation matter;\n    (iii) a promotional activity that is relevant to an organ or tissue donation and transplantation matter;\n    (iv) a community awareness activity that is relevant to an organ or tissue donation and transplantation matter; and\n    (b) the publication, dissemination or disclosure is made:\n    (i) using a service to which paragraph 51(v) of the Constitution applies; or\n    (ii) using an electronic service (within the meaning of the Online Safety Act 2021); or\n    (iii) in a Territory; or\n    (iv) in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970).\n  (4) Subsections (2) and (3) have effect despite anything in a law of a State or Territory.\n  Secondary publication, dissemination or disclosure\n  (5) If information has been the subject of a publication, dissemination or disclosure under subsection (2) or (3), a person may publish, disseminate or disclose that information if:\n    (a) the publication, dissemination or disclosure is for the purposes of reporting on any of the following activities:\n    (i) an educational activity that is relevant to an organ or tissue donation and transplantation matter;\n    (ii) a commemorative activity that is an organ or tissue donation and transplantation matter;\n    (iii) a promotional activity that is relevant to an organ or tissue donation and transplantation matter;\n    (iv) a community awareness activity that is relevant to an organ or tissue donation and transplantation matter; and\n    (b) the publication, dissemination or disclosure is made:\n    (i) using a service to which paragraph 51(v) of the Constitution applies; or\n    (ii) using an electronic service (within the meaning of the Online Safety Act 2021); or\n    (iii) in a Territory; or\n    (iv) in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970).\n  (6) Subsection (5) has effect despite anything in a law of a State or Territory.\n\n#### 59 Concurrent operation of State and Territory laws etc.\n\n  (1) This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n  (2) This Act does not affect the operation of:\n    (a) a law of a State or Territory; or\n    (b) a rule of common law;\n  to the extent that the law or rule requires the giving of consent to the removal of an organ or tissue from the body of an individual (whether living or deceased).\n  (3) Subsection (2) does not limit subsection (1).\n\n#### 60 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted to be prescribed by this Act; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":26},{"sectionNumber":"17","sectionType":"section","heading":"Remuneration and allowances","content":"#### 17 Remuneration and allowances\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":27},{"sectionNumber":"18","sectionType":"section","heading":"Leave of absence","content":"#### 18 Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.","sortOrder":28},{"sectionNumber":"19","sectionType":"section","heading":"Resignation","content":"#### 19 Resignation\n\n  (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.","sortOrder":29},{"sectionNumber":"20","sectionType":"section","heading":"Outside employment","content":"#### 20 Outside employment\n\n  The CEO must not engage in paid employment outside the duties of his or her office without the Minister’s approval.","sortOrder":30},{"sectionNumber":"22","sectionType":"section","heading":"Termination of appointment","content":"#### 22 Termination of appointment\n\n  (1) The Minister may terminate the appointment of the CEO:\n    (a) for misbehaviour; or\n    (b) if the CEO is unable to perform the duties of the CEO’s office because of physical or mental incapacity.\n  (2) The Minister may terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Minister’s approval, in paid work outside the duties of his or her office; or\n    (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.","sortOrder":31},{"sectionNumber":"23","sectionType":"section","heading":"Other terms and conditions","content":"#### 23 Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.","sortOrder":32},{"sectionNumber":"Division 5","sectionType":"division","heading":"Staff etc.","content":"An Act to establish the Australian Organ and Tissue Donation and Transplantation Authority, and for other purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Organ and Tissue Donation and Transplantation Authority Act 2008.\n\n#### 2 Commencement\n\n  This Act commences on 1 January 2009.\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Act:\n\nThis Act establishes the Australian Organ and Tissue Donation and Transplantation Authority. The Authority has a number of functions relating to organ or tissue donation and transplantation matters.\n\nThe Authority consists of the Chief Executive Officer and the staff of the Authority. The functions of the CEO include:\n\n(a) determining objectives, strategies and policies to be followed by the Authority in the performance of its functions; and\n\n(b) ensuring the proper, efficient and effective performance of the Authority’s functions; and\n\n(c) managing the administration of the Authority.\n\nThe Australian Organ and Tissue Donation and Transplantation Advisory Board is also established by this Act. The Advisory Board’s main function is advising the CEO about a number of matters including organ or tissue donation and transplantation matters.\n\nThe Act also provides for the CEO to establish expert advisory committees and for the Authority to make grants relating to organ or tissue donation and transplantation matters.\n\n#### 4 Definitions\n\n  In this Act:\n\n> Advisory Board member means a member of the Advisory Board (and includes the Chair and Deputy Chair).\n\n> Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.\n\n> authorised family member has the meaning given by section 5.\n\n> Authority means the Australian Organ and Tissue Donation and Transplantation Authority.\n\n> Board means the Australian Organ and Tissue Donation and Transplantation Advisory Board.\n\n> CEO means the Chief Executive Officer of the Authority.\n\n> Chair means the Chair of the Advisory Board.\n\n> child has a meaning affected by section 5B.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> de facto partner has the meaning given by the Acts Interpretation Act 1901.\n\n> Deputy Chair means the Deputy Chair of the Advisory Board.\n\n> DonateLife Agency has the meaning given by section 5F.\n\n> expert advisory committee means a committee established under section 44.\n\n> expert advisory committee member means a member of an expert advisory committee, and includes the Chair of an expert advisory committee.\n\n> improving includes maintaining.\n\n> organ means an organ of a human body (within the ordinary meaning of that expression).\n\n> organ or tissue donation and transplantation means:\n\n    (a) the removal of an organ and/or tissue from the body of an individual (whether living or deceased) for the purpose of its transplantation to the body of a living individual (other than the individual from which it was removed); or\n    (b) the transplantation to the body of a living individual of an organ and/or tissue removed from the body of another individual (whether living or deceased);\n  or both.\n\n> organ or tissue donation and transplantation matter means a matter relating to organ or tissue donation and transplantation, and includes the following matters:\n\n    (a) the provision of an organ or tissue donation and transplantation service;\n    (b) the identification of potential organ or tissue donors;\n    (c) the obtaining of organs or tissue for transplantation;\n    (d) waiting lists for potential organ or tissue recipients;\n    (e) the allocation of organs or tissue for transplantation;\n    (f) support services for organ or tissue donors and their partners and families;\n    (g) the skills and knowledge of people involved in providing organ or tissue donation and transplantation services;\n    (ga) commemorative activities relating to organ or tissue donors or recipients;\n    (h) public knowledge about, and confidence in, organ or tissue donation and transplantation services.\n\n> organ or tissue donation and transplantation service means:\n\n    (a) a service relating to organ or tissue donation and transplantation; or\n    (b) a service that is ancillary or incidental to a service covered by paragraph (a).\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> parent has a meaning affected by section 5B.\n\n> partner has the meaning given by section 5A.\n\n> sibling has a meaning affected by section 5D.\n\n> stepchild has a meaning affected by section 5E.\n\n> tissue means:\n\n    (a) a part of a human body (other than an organ); or\n    (b) a part of an organ; or\n    (c) a substance extracted from, or from a part of:\n    (i) an organ; or\n    (ii) any other part of a human body;\n  but does not include a substance or thing specified in the regulations.\n\n> transplantation, in relation to an organ or tissue, includes:\n\n    (a) the transplantation of a part of the organ or tissue; and\n    (b) the transplantation of a substance obtained from the organ or tissue.\n\n#### 5 Meaning of authorised family member\n\n  In this Act, authorised family member of an organ or tissue donor or recipient who has died means any of the following persons:\n    (a) the partner of the organ or tissue donor or recipient;\n    (b) a parent or legal guardian of the organ or tissue donor or recipient;\n    (c) a child of the organ or tissue donor or recipient;\n    (d) a sibling of the organ or tissue donor or recipient;\n    (e) a grandparent of the organ or tissue donor or recipient;\n    (f) a grandchild of the organ or tissue donor or recipient;\n    (g) if the organ or tissue donor or recipient has traditional Aboriginal or Torres Strait Islander kinship ties—a person who is related to the organ or tissue donor or recipient under Aboriginal or Torres Strait Islander kinship rules;\n    (h) if the organ or tissue donor or recipient is a member of a community that accepts relationships other than those referred to in paragraphs (a) to (g) as kinship ties—a person who is accepted by the community to be related to the organ or tissue donor or recipient;\n    (i) a person who, under the regulations, is taken to be an authorised family member of the organ or tissue donor or recipient.\n\n#### 5A Meaning of partner\n\n  (1) In this Act, partner of a person means:\n    (a) the person’s spouse; or\n    (b) the person’s de facto partner.\n  (2) However, if more than one person would qualify as a partner of a person (the first person) under subsection (1), then only the last person to so qualify is the partner of the first person for the purposes of this Act.\n\n#### 5B Meaning of child\n\n  (1) In this Act, child of a person includes:\n    (a) an adopted child, stepchild, exnuptial child or foster child of the person; and\n    (b) someone who is a child of the person within the meaning of the Family Law Act 1975.\n  Tracing family relationships\n  (2) For the purposes of this Act, if one person is the child of another person because of subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n#### 5C Meaning of parent\n\n> Without limiting who is a parent of a person for the purposes of this Act, a person (the first person) is a parent of another person if the other person is the first person’s child.\n\n#### 5D Meaning of sibling\n\n  In this Act, sibling of a person includes a half‑brother, half‑sister, adoptive brother, adoptive sister, step‑brother, step‑sister, foster‑brother and foster‑sister of the person.\n\n#### 5E Meaning of stepchild\n\nIn this Act, without limiting who is a stepchild of a person, a person (the first person) is a stepchild of another person (the second person) if the first person would be the second person’s stepchild except that the second person is not legally married to the second person’s de facto partner.\n\n#### 5F Meaning of DonateLife Agency\n\n  (1) The Minister may, by legislative instrument, declare that a specified agency is a DonateLife Agency for the purposes of this Act.\n  (2) The Minister must not declare under subsection (1) that an agency is a DonateLife Agency unless the Minister is satisfied that the agency has a role or function in relation to one or more organ or tissue donation and transplantation matters.\n  Consultation\n  (3) Before the Minister makes a declaration under subsection (1) in relation to:\n    (a) a Department of a State; or\n    (b) a part of a Department of a State; or\n    (c) an authority of a State; or\n    (d) a part of an authority of a State;\n  the Minister must consult the Minister of the State who is responsible, or principally responsible, for the administration of matters relating to health in the State.\n  (4) Before the Minister makes a declaration under subsection (1) in relation to:\n    (a) a Department of the Northern Territory; or\n    (b) a part of a Department of the Northern Territory; or\n    (c) an authority of the Northern Territory; or\n    (d) a part of an authority of the Northern Territory;\n  the Minister must consult the Minister of the Northern Territory who is responsible, or principally responsible, for the administration of matters relating to health in the Northern Territory.\n  (5) Before the Minister makes a declaration under subsection (1) in relation to:\n    (a) a Department of the Australian Capital Territory; or\n    (b) a part of a Department of the Australian Capital Territory; or\n    (c) an authority of the Australian Capital Territory; or\n    (d) a part of an authority of the Australian Capital Territory;\n  the Minister must consult the Minister of the Australian Capital Territory who is responsible, or principally responsible, for the administration of matters relating to health in the Australian Capital Territory.\n  Agency\n  (6) For the purposes of this section, agency means:\n    (a) a Department of a State or Territory; or\n    (b) a part of a Department of a State or Territory; or\n    (c) an authority of a State or Territory; or\n    (d) a part of an authority of a State or Territory; or\n    (e) a body corporate.\n\n#### 6 Crown to be bound\n\n  This Act binds the Crown in each of its capacities.\n\n#### 7 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n## Part 2—Australian Organ and Tissue Donation and Transplantation Authority\n\n#### 8 Establishment of the Australian Organ and Tissue Donation and Transplantation Authority\n\n  (1) The Australian Organ and Tissue Donation and Transplantation Authority is established by this section.\n\n> Note: In this Act, Authority means the Australian Organ and Tissue Donation and Transplantation Authority—see section 4.\n\n  (2) The Authority may also be known by a name specified in the regulations.\n  (3) The Authority consists of:\n    (aa) the CEO; and\n    (b) the staff of the Authority.\n\n> Note: The Authority does not have a legal identity separate from the Commonwealth.\n\n  (4) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the following combination of bodies is a listed entity:\n    (i) the Authority;\n    (ii) the Advisory Board; and\n    (aa) the listed entity is to be known as the Australian Organ and Tissue Donation and Transplantation Authority; and\n    (b) the CEO is the accountable authority of the Authority; and\n    (c) the following persons are officials of the Authority:\n    (i) the CEO;\n    (ii) the Advisory Board members;\n    (iii) the staff of the Authority;\n    (iv) consultants engaged under section 26;\n    (v) persons whose services are made available to the Authority under section 27;\n    (vi) an expert advisory committee member; and\n    (d) the purposes of the Authority include:\n    (i) the functions of the Authority referred to in section 11; and\n    (ii) the functions of the CEO referred to in section 14B; and\n    (iii) the functions of the Advisory Board referred to in section 29; and\n    (iv) the functions of an expert advisory committee referred to in section 45.\n\n#### 11 Functions of the Authority\n\n  (1) The functions of the Authority are:\n    (a) to formulate, in writing, policies and protocols relating to organ or tissue donation and transplantation matters; and\n    (b) to declare, in writing, standards and codes of practice relating to organ or tissue donation and transplantation matters; and\n    (c) to support and encourage the implementation of:\n    (i) policies and protocols formulated under paragraph (a); and\n    (ii) standards and codes of practice declared under paragraph (b); and\n    (d) to collect, analyse, interpret and disseminate information relating to organ or tissue donation and transplantation matters; and\n    (e) to support, encourage, conduct and evaluate training programs that are directed towards improving the skills and knowledge of people involved in organ or tissue donation and transplantation services; and\n    (f) to support, encourage, conduct and evaluate educational, promotional and community awareness programs that are relevant to organ or tissue donation and transplantation matters; and\n    (g) to make, on behalf of the Commonwealth, grants of financial assistance in relation to organ or tissue donation and transplantation matters; and\n    (h) to support, encourage, conduct and evaluate research about organ or tissue donation and transplantation matters; and\n    (i) to publish (whether on the internet or otherwise) reports and papers relating to organ or tissue donation and transplantation matters; and\n    (j) to advise the Minister about organ or tissue donation and transplantation matters; and\n    (k) to consult and co‑operate with other persons, organisations and governments on organ or tissue donation and transplantation matters; and\n    (l) such other functions as are conferred on the Authority by this Act or any other law; and\n    (m) such other functions (if any) as are specified in a written instrument given by the Minister to the Authority; and\n    (n) to do anything incidental to or conducive to the performance of any of the above functions.\n\n> Note 1: See also section 57 (compliance with policies, protocols, standards and codes is voluntary).\n\n> Note 2: See also section 58 (protection of patient confidentiality).\n\n> Note 3: See also sections 54 to 56 (terms and conditions of grants).\n\n> Note 4: For variation and revocation of instruments made under paragraph (a), (b) or (m), see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  Constitutional limits\n  (2) The Authority may perform its functions only:\n    (a) with respect to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; or\n    (b) with respect to the executive power of the Commonwealth; or\n    (c) with respect to statistics; or\n    (d) with respect to, or in, a Territory; or\n    (e) with respect to, or in, a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or\n    (f) with respect to trade and commerce:\n    (i) between Australia and places outside Australia; or\n    (ii) among the States; or\n    (iii) within a Territory, between a State and a Territory or between 2 Territories; or\n    (g) with respect to the granting of financial assistance to a constitutional corporation for the purposes of carrying out the corporation’s activities; or\n    (h) with respect to the provision of medical services; or\n    (i) with respect to a postal, telegraphic, telephonic or other like service; or\n    (j) with respect to the provision of a service to:\n    (i) the Commonwealth; or\n    (ii) an authority of the Commonwealth;\n    for a purpose of the Commonwealth; or\n    (k) with respect to the implied power of the Parliament to make laws with respect to nationhood; or\n    (l) with respect to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n  (2A) A term used in subsection (2) and the Constitution has the same meaning in that subsection as it has in the Constitution.\n  Legislative instruments\n  (3) A policy or protocol formulated under paragraph (1)(a) is not a legislative instrument.\n  (4) A standard or code of practice declared under paragraph (1)(b) is not a legislative instrument.\n  (5) A declaration made under paragraph (1)(b) is not a legislative instrument.\n  (6) An instrument made under paragraph (1)(m) is not a legislative instrument.\n\n#### 12 Authority must have regard to certain objectives etc.\n\n  In performing the Authority’s functions under this Act, the Authority must have regard to:\n    (a) the following objectives:\n    (i) promoting a co‑ordinated and consistent approach to organ or tissue donation and transplantation matters;\n    (ii) improving access to organ or tissue donation and transplantation services;\n    (iii) improving the identification of potential organ or tissue donors;\n    (iv) minimising waiting times for potential organ or tissue recipients;\n    (v) improving the management of waiting lists for potential organ or tissue recipients;\n    (vi) improving the management of the allocation of donated organs or tissue;\n    (vii) improving support services for organ or tissue donors and their partners and families;\n    (viii) improving the skills and knowledge of people involved in providing organ or tissue donation and transplantation services;\n    (ix) improving public knowledge about, and public confidence in, organ or tissue donation and transplantation services; and\n    (b) international best practice; and\n    (c) safety; and\n    (d) effectiveness; and\n    (e) privacy; and\n    (f) equity; and\n    (g) transparency; and\n    (h) such other matters (if any) as the Authority considers relevant.\n\n#### 13 Minister may give directions to the Authority\n\n  (1) The Minister may, by legislative instrument, give written directions to the Authority about the performance of the Authority’s functions.\n\n> Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n  (2) A direction under subsection (1) must be of a general nature only.\n  (3) The Authority must comply with a direction under subsection (1).\n\n## Part 3—Chief Executive Officer and staff etc.\n\n### Division 1—Chief Executive Officer\n\n#### 14A CEO\n\n  There is to be a Chief Executive Officer of the Authority.\n\n#### 14B Functions of the CEO\n\n  (1) The functions of the CEO are:\n    (a) to determine objectives, strategies and policies to be followed by the Authority in the performance of its functions; and\n    (b) to ensure the proper, efficient and effective performance of the Authority’s functions; and\n    (c) to manage the administration of the Authority; and\n    (d) such other functions as are conferred on the CEO by this Act or any other law; and\n    (e) to do anything incidental or conducive to the performance of any of the above functions.\n  (2) The CEO has power to do all things necessary or convenient to be done for, or in connection with, the performance of the CEO’s functions.\n\n#### 14 Appointment of the CEO\n\n  (1) The CEO is to be appointed by the Minister by written instrument.\n  (2) The CEO holds office on a full‑time basis.\n\n#### 15 Period of appointment for the CEO\n\n  The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 16 Acting appointments\n\n  The Minister may appoint a person to act as the CEO:\n    (a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n### Division 3—Terms and conditions for the CEO\n\n#### 17 Remuneration and allowances\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18 Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 19 Resignation\n\n  (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 20 Outside employment\n\n  The CEO must not engage in paid employment outside the duties of his or her office without the Minister’s approval.\n\n#### 22 Termination of appointment\n\n  (1) The Minister may terminate the appointment of the CEO:\n    (a) for misbehaviour; or\n    (b) if the CEO is unable to perform the duties of the CEO’s office because of physical or mental incapacity.\n  (2) The Minister may terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Minister’s approval, in paid work outside the duties of his or her office; or\n    (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n#### 23 Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n### Division 5—Staff etc.\n\n#### 25 Staff\n\n  (1) The staff of the Authority are to be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the Authority staff together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n\n#### 26 Consultants\n\n  (1) The CEO may, on behalf of the Commonwealth, engage persons having suitable qualifications and experience as consultants to assist in the performance of the Authority’s functions.\n  (2) The consultants are to be engaged on the terms and conditions that the CEO determines in writing.\n\n#### 27 Persons assisting the Authority\n\n  The Authority may also be assisted:\n    (a) by officers and employees of Agencies (within the meaning of the Public Service Act 1999); or\n    (b) by officers and employees of authorities of the Commonwealth; or\n    (c) by officers and employees of a State or Territory; or\n    (d) by officers and employees of authorities of a State or Territory;\n  whose services are made available to the Authority in connection with the performance of any of the Authority’s functions.\n\n## Part 4—Australian Organ and Tissue Donation and Transplantation Advisory Board\n\n### Division 1—Establishment and functions of the Advisory Board\n\n#### 28 Establishment of the Advisory Board\n\n  The Australian Organ and Tissue Donation and Transplantation Advisory Board is established by this section.\n\n#### 29 Functions of the Advisory Board\n\n  (1) The functions of the Advisory Board are:\n    (a) to advise the CEO, either on its own initiative or at the request of the CEO, about the following matters:\n    (i) the objectives, strategies and policies to be followed by the Authority in the performance of its functions;\n    (ii) the performance of the Authority’s functions;\n    (iii) organ or tissue donation and transplantation matters; and\n    (b) to provide strategic advice to the Minister about the performance of the Authority’s functions if requested to do so by the Minister; and\n    (c) to do anything incidental or conducive to the performance of any of the above functions.\n  (2) The Advisory Board has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.\n\n### Division 2—Members of the Advisory Board\n\n#### 30 Membership\n\n  The Advisory Board consists of:\n    (a) the Chair; and\n    (b) the Deputy Chair; and\n    (c) at least 3, but not more than 5, other members.\n\n#### 31 Appointment of Advisory Board members\n\n  (1) Subject to this section, the Advisory Board members are to be appointed by the Minister by written instrument, on a part‑time basis.\n\n> Note: An Advisory Board member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n  Eligibility for appointment\n  (2) A person is not eligible for appointment as an Advisory Board member unless the Minister is satisfied that the person has experience in, or knowledge of, at least one of the following fields:\n    (a) public or health leadership or administration;\n    (b) clinical expertise in organ or tissue donation and transplantation;\n    (c) business management;\n    (d) community leadership and engagement in relation to organ or tissue donation and transplantation matters;\n    (e) promotion of organ or tissue donation and transplantation matters;\n    (f) health consumer advocacy;\n    (g) any other field that the Minister considers appropriate.\n  Mix of Advisory Board members\n  (3) In appointing the Advisory Board members, the Minister must ensure, to the extent practicable, that those Advisory Board members are an appropriate mix of persons meeting the requirements of subsection (2).\n  Consultation\n  (4) Before the Minister appoints a person as an Advisory Board member (other than the Chair), the Minister must consult:\n    (a) the Minister of each State who is responsible, or principally responsible, for the administration of matters relating to health in the State; and\n    (b) the Minister of the Northern Territory who is responsible, or principally responsible, for the administration of matters relating to health in that Territory; and\n    (c) the Minister of the Australian Capital Territory who is responsible, or principally responsible, for the administration of matters relating to health in that Territory; and\n    (d) such other persons (if any) as the Minister considers appropriate.\n\n#### 32 Term of appointment\n\n  An Advisory Board member holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.\n\n#### 33 Acting appointment\n\n  Acting as the Chair\n  (1) The Minister may, by written instrument, appoint an Advisory Board member to act as the Chair:\n    (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n  Acting as an appointed Board member (other than the Chair)\n  (2) The Minister may, by written instrument, appoint a person to act as an Advisory Board member (other than the Chair):\n    (a) during a vacancy in the office of an Advisory Board member (other than the Chair), whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when an Advisory Board member (other than the Chair):\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n  (3) A person is not eligible for appointment under subsection (2) unless the Minister is satisfied that the person meets the requirements of subsection 31(2).\n\n#### 34 Remuneration\n\n  (1) An Advisory Board member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Advisory Board member is to be paid the remuneration that is prescribed by the regulations.\n  (2) An Advisory Board member is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 35 Leave of absence\n\n  (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n  (2) The Chair may grant leave of absence to any other Advisory Board member on the terms and conditions that the Chair determines.\n  (3) The Chair must notify the Minister if the Chair grants an Advisory Board member leave of absence for a period that exceeds 3 months.\n\n#### 36 Other terms and conditions\n\n  An Advisory Board member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 37 Resignation\n\n  (1) An Advisory Board member may resign the member’s appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 38 Termination of appointment\n\n  (1) The Minister may terminate the appointment of an Advisory Board member:\n    (a) for misbehaviour; or\n    (b) if the Advisory Board member is unable to perform the duties of that member’s office because of physical or mental incapacity.\n  (2) The Minister may terminate the appointment of an Advisory Board member if:\n    (a) the Advisory Board member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with that member’s creditors; or\n    (iv) makes an assignment of that member’s remuneration for the benefit of that member’s creditors; or\n    (b) the Advisory Board member is absent, except on leave of absence, from 3 consecutive meetings of the Advisory Board; or\n    (c) the Advisory Board member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n### Division 3—Meetings of the Advisory Board\n\n#### 39 Convening meetings\n\n  (1) The Advisory Board must hold such meetings as are necessary for the efficient performance of its functions.\n  (2) The Chair must convene at least 4 meetings of the Advisory Board each financial year.\n\n#### 40 Presiding at meetings\n\n  (1) The Chair must preside at all meetings of the Advisory Board at which the Chair is present.\n  (2) If the Chair is not present at a meeting of the Advisory Board:\n    (a) the Deputy Chair is to preside; or\n    (b) if the Deputy Chair is not present—the other Advisory Board members present must appoint one of themselves to preside.\n\n#### 41 Conduct of meetings\n\n  The Advisory Board may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.\n\n#### 42 Minutes\n\n  The Advisory Board must keep minutes of its meetings.\n\n## Part 5—Expert advisory committees\n\n#### 44 Establishment of expert advisory committees\n\n  (1) The CEO may, by writing, establish committees, to be known as expert advisory committees.\n\n> Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  (2) An instrument made under subsection (1) is not a legislative instrument.\n\n#### 45 Function of expert advisory committees\n\n  An expert advisory committee has the function of advising the CEO about organ or tissue donation and transplantation matters referred to it by the CEO.\n\n#### 46 Appointment of expert advisory committee members etc.\n\n  (1) Each expert advisory committee member is to be appointed by the CEO by written instrument.\n  (2) An expert advisory committee member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n\n> Note: An expert advisory committee member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n  (3) An expert advisory committee member holds office on a part‑time basis.\n  (4) The CEO may terminate the appointment of an expert advisory committee member.\n\n#### 47 Procedures of expert advisory committees\n\n  (1) The CEO may give an expert advisory committee written directions about:\n    (a) the way in which the committee is to carry out its function; and\n    (b) procedures to be followed in relation to meetings.\n\n> Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  (2) A direction given under subsection (1) is not a legislative instrument.\n\n#### 48 Remuneration and allowances\n\n  (1) An expert advisory committee member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.\n  (2) However, an expert advisory committee member is not entitled to be paid remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:\n    (a) a State; or\n    (b) a corporation (a public statutory corporation) that:\n    (i) is established for a public purpose by a law of a State; and\n    (ii) is not a tertiary education institution; or\n    (c) a company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by a State; or\n    (d) a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation.\n\n> Note: A similar rule applies to an expert advisory committee member who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973.\n\n  (3) An expert advisory committee member is to be paid the allowances that are prescribed by the regulations.\n  (4) This section (other than subsection (2)) has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 49 Leave of absence\n\n  The CEO may grant leave of absence to an expert advisory committee member on the terms and conditions that the CEO determines.\n\n#### 50 Resignation\n\n  (1) An expert advisory committee member may resign his or her appointment by giving the CEO a written resignation.\n  (2) The resignation takes effect on the day it is received by the CEO or, if a later day is specified in the resignation, on that later day.\n\n#### 51 Disclosure of interests to the CEO\n\n  (1) A disclosure by an expert advisory committee member under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the CEO.\n  (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n  (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the expert advisory committee member is taken not to have complied with section 29 of that Act if the member does not comply with subsection (1) of this section.\n  (4) The CEO may terminate the appointment of an expert advisory committee member if the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013, or the rules made for the purposes of that section.\n  (5) Subsection (4) does not limit subsection 46(4).\n\n#### 53 Other terms and conditions\n\n  An expert advisory committee member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the CEO.\n\n## Part 6—Grants\n\n#### 54 Grant to a State\n\n  Scope\n  (1) This section applies to a grant of financial assistance to a State if:\n    (a) the grant is made by the Authority on behalf of the Commonwealth; and\n    (b) the grant relates to one or more organ or tissue donation and transplantation matters.\n\n> Note: See paragraph 11(1)(g) (grants of financial assistance).\n\n  Terms and conditions\n  (2) The terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the State.\n  (3) An agreement under subsection (2) may be entered into by the Authority on behalf of the Commonwealth.\n  (4) A term or condition set out in an agreement under subsection (2) may require compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b).\n\n#### 55 Grant to a Territory\n\n  Scope\n  (1) This section applies to a grant of financial assistance to a Territory if:\n    (a) the grant is made by the Authority on behalf of the Commonwealth; and\n    (b) the grant relates to one or more organ or tissue donation and transplantation matters.\n\n> Note: See paragraph 11(1)(g) (grants of financial assistance).\n\n  Terms and conditions\n  (2) The terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the Territory.\n  (3) An agreement under subsection (2) may be entered into by the Authority on behalf of the Commonwealth.\n  (4) A term or condition set out in an agreement under subsection (2) may require compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b).\n\n#### 56 Grant to a person other than a State or Territory\n\n  Scope\n  (1) This section applies to a grant of financial assistance to a person other than a State or Territory if:\n    (a) the grant is made by the Authority on behalf of the Commonwealth; and\n    (b) the grant relates to one or more organ or tissue donation and transplantation matters.\n\n> Note: See paragraph 11(1)(g) (grants of financial assistance).\n\n  Terms and conditions\n  (2) The terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the person.\n  (2A) If the grant of financial assistance is made to a constitutional corporation, the corporation must comply with the terms and conditions.\n  (3) An agreement under subsection (2) may be entered into by the Authority on behalf of the Commonwealth.\n  (4) A term or condition set out in an agreement under subsection (2) may require compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b).\n\n## Part 7—Miscellaneous\n\n#### 57 Compliance with policies, protocols, standards and codes\n\n  (1) Compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b);\n  is voluntary.\n  (2) Subsection (1) does not prevent compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b);\n  from being a term or condition of:\n    (c) a grant of financial assistance; or\n    (d) a contract or other legally enforceable agreement.\n  (3) Subsection (1) does not prevent:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b);\n  from being applied or adopted by or under:\n    (c) a law of a State or Territory; or\n    (d) a law of the Commonwealth other than this Act.\n\n#### 58 Protection of patient confidentiality—Authority and CEO\n\n  (1A) In the performance of the Authority’s functions, the Authority must not publish or disseminate information that is likely to enable the identification of a particular organ or tissue donor or recipient.\n  (1) In the performance of the CEO’s functions, the CEO must not publish or disseminate information that is likely to enable the identification of a particular organ or tissue donor or recipient.\n  (2) Subsections (1A) and (1) do not apply if the publication or dissemination of the information takes place with the consent of:\n    (a) if the organ or tissue donor or recipient is aged at least 18 years—the organ or tissue donor or recipient; or\n    (ab) if the organ or tissue donor or recipient is under 16 years of age—a parent or legal guardian of the organ or tissue donor or recipient; or\n    (ac) if the organ or tissue donor or recipient:\n    (i) is 16 or 17 years of age; and\n    (ii) has legal capacity to consent to the publication or dissemination of the information;\n    the organ or tissue donor or recipient; or\n    (ad) if the organ or tissue donor or recipient:\n    (i) is 16 or 17 years of age; and\n    (ii) does not have legal capacity to consent to the publication or dissemination of the information;\n    a parent or legal guardian of the organ or tissue donor or recipient; or\n    (b) if the organ or tissue donor or recipient has died but is survived by one or more authorised family members—any of those authorised family members; or\n    (c) in any other case—an individual who, under the regulations, is authorised to give consent to the publication or dissemination of the information.\n  (3) Subsection (2) does not permit the publication or dissemination by the Authority or the CEO of information that reveals that an organ and/or tissue was:\n    (a) removed from the body of a particular organ or tissue donor; and\n    (b) transplanted to the body of a particular organ or tissue recipient.\n  (4) To avoid doubt, if the publication or dissemination by the Authority or the CEO of particular information is permitted by subsection (2), a law of a State or Territory does not prevent the publication or dissemination by the Authority or the CEO of the information.\n\n#### 58A Publication, dissemination or disclosure of patient information—DonateLife Agencies, grant recipients and authorised family members\n\n  Scope\n  (1) This section applies if:\n    (a) an organ or tissue donation and transplantation has occurred; and\n    (b) the organ or tissue donor or recipient has died.\n  Publication, dissemination or disclosure by a DonateLife Agency or grant recipient\n  (2) Either of the following:\n    (a) a DonateLife Agency;\n    (b) a person who is a party to an agreement that:\n    (i) is in force; and\n    (ii) provides for the making of one or more grants under paragraph 11(1)(g) to the person;\n  may publish, disseminate or disclose information that is likely to enable the identification of the deceased organ or tissue donor or the deceased organ or tissue recipient (as the case requires) if:\n    (c) the publication, dissemination or disclosure is for the purposes of any of the following activities:\n    (i) an educational activity that is relevant to an organ or tissue donation and transplantation matter;\n    (ii) a commemorative activity that is an organ or tissue donation and transplantation matter;\n    (iii) a promotional activity that is relevant to an organ or tissue donation and transplantation matter;\n    (iv) a community awareness activity that is relevant to an organ or tissue donation and transplantation matter; and\n    (d) the publication, dissemination or disclosure is made with the consent of an authorised family member of the deceased organ or tissue donor or recipient; and\n    (e) the publication, dissemination or disclosure is made:\n    (i) using a service to which paragraph 51(v) of the Constitution applies; or\n    (ii) using an electronic service (within the meaning of the Online Safety Act 2021); or\n    (iii) in a Territory; or\n    (iv) in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or\n    (v) by a constitutional corporation.\n  Publication, dissemination or disclosure by an authorised family member\n  (3) An authorised family member of the deceased organ or tissue donor or recipient may publish, disseminate or disclose information that is likely to enable the identification of the deceased organ or tissue donor or the deceased organ or tissue recipient (as the case requires) if:\n    (a) the publication, dissemination or disclosure is for the purposes of any of the following activities of the Authority or a DonateLife Agency:\n    (i) an educational activity that is relevant to an organ or tissue donation and transplantation matter;\n    (ii) a commemorative activity that is an organ or tissue donation and transplantation matter;\n    (iii) a promotional activity that is relevant to an organ or tissue donation and transplantation matter;\n    (iv) a community awareness activity that is relevant to an organ or tissue donation and transplantation matter; and\n    (b) the publication, dissemination or disclosure is made:\n    (i) using a service to which paragraph 51(v) of the Constitution applies; or\n    (ii) using an electronic service (within the meaning of the Online Safety Act 2021); or\n    (iii) in a Territory; or\n    (iv) in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970).\n  (4) Subsections (2) and (3) have effect despite anything in a law of a State or Territory.\n  Secondary publication, dissemination or disclosure\n  (5) If information has been the subject of a publication, dissemination or disclosure under subsection (2) or (3), a person may publish, disseminate or disclose that information if:\n    (a) the publication, dissemination or disclosure is for the purposes of reporting on any of the following activities:\n    (i) an educational activity that is relevant to an organ or tissue donation and transplantation matter;\n    (ii) a commemorative activity that is an organ or tissue donation and transplantation matter;\n    (iii) a promotional activity that is relevant to an organ or tissue donation and transplantation matter;\n    (iv) a community awareness activity that is relevant to an organ or tissue donation and transplantation matter; and\n    (b) the publication, dissemination or disclosure is made:\n    (i) using a service to which paragraph 51(v) of the Constitution applies; or\n    (ii) using an electronic service (within the meaning of the Online Safety Act 2021); or\n    (iii) in a Territory; or\n    (iv) in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970).\n  (6) Subsection (5) has effect despite anything in a law of a State or Territory.\n\n#### 59 Concurrent operation of State and Territory laws etc.\n\n  (1) This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n  (2) This Act does not affect the operation of:\n    (a) a law of a State or Territory; or\n    (b) a rule of common law;\n  to the extent that the law or rule requires the giving of consent to the removal of an organ or tissue from the body of an individual (whether living or deceased).\n  (3) Subsection (2) does not limit subsection (1).\n\n#### 60 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted to be prescribed by this Act; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":33},{"sectionNumber":"25","sectionType":"section","heading":"Staff","content":"#### 25 Staff\n\n  (1) The staff of the Authority are to be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the Authority staff together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.","sortOrder":34},{"sectionNumber":"26","sectionType":"section","heading":"Consultants","content":"#### 26 Consultants\n\n  (1) The CEO may, on behalf of the Commonwealth, engage persons having suitable qualifications and experience as consultants to assist in the performance of the Authority’s functions.\n  (2) The consultants are to be engaged on the terms and conditions that the CEO determines in writing.","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Persons assisting the Authority","content":"#### 27 Persons assisting the Authority\n\n  The Authority may also be assisted:\n    (a) by officers and employees of Agencies (within the meaning of the Public Service Act 1999); or\n    (b) by officers and employees of authorities of the Commonwealth; or\n    (c) by officers and employees of a State or Territory; or\n    (d) by officers and employees of authorities of a State or Territory;\n  whose services are made available to the Authority in connection with the performance of any of the Authority’s functions.","sortOrder":36},{"sectionNumber":"Part 4","sectionType":"part","heading":"Australian Organ and Tissue Donation and Transplantation Advisory Board","content":"An Act to establish the Australian Organ and Tissue Donation and Transplantation Authority, and for other purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Organ and Tissue Donation and Transplantation Authority Act 2008.\n\n#### 2 Commencement\n\n  This Act commences on 1 January 2009.\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Act:\n\nThis Act establishes the Australian Organ and Tissue Donation and Transplantation Authority. The Authority has a number of functions relating to organ or tissue donation and transplantation matters.\n\nThe Authority consists of the Chief Executive Officer and the staff of the Authority. The functions of the CEO include:\n\n(a) determining objectives, strategies and policies to be followed by the Authority in the performance of its functions; and\n\n(b) ensuring the proper, efficient and effective performance of the Authority’s functions; and\n\n(c) managing the administration of the Authority.\n\nThe Australian Organ and Tissue Donation and Transplantation Advisory Board is also established by this Act. The Advisory Board’s main function is advising the CEO about a number of matters including organ or tissue donation and transplantation matters.\n\nThe Act also provides for the CEO to establish expert advisory committees and for the Authority to make grants relating to organ or tissue donation and transplantation matters.\n\n#### 4 Definitions\n\n  In this Act:\n\n> Advisory Board member means a member of the Advisory Board (and includes the Chair and Deputy Chair).\n\n> Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.\n\n> authorised family member has the meaning given by section 5.\n\n> Authority means the Australian Organ and Tissue Donation and Transplantation Authority.\n\n> Board means the Australian Organ and Tissue Donation and Transplantation Advisory Board.\n\n> CEO means the Chief Executive Officer of the Authority.\n\n> Chair means the Chair of the Advisory Board.\n\n> child has a meaning affected by section 5B.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> de facto partner has the meaning given by the Acts Interpretation Act 1901.\n\n> Deputy Chair means the Deputy Chair of the Advisory Board.\n\n> DonateLife Agency has the meaning given by section 5F.\n\n> expert advisory committee means a committee established under section 44.\n\n> expert advisory committee member means a member of an expert advisory committee, and includes the Chair of an expert advisory committee.\n\n> improving includes maintaining.\n\n> organ means an organ of a human body (within the ordinary meaning of that expression).\n\n> organ or tissue donation and transplantation means:\n\n    (a) the removal of an organ and/or tissue from the body of an individual (whether living or deceased) for the purpose of its transplantation to the body of a living individual (other than the individual from which it was removed); or\n    (b) the transplantation to the body of a living individual of an organ and/or tissue removed from the body of another individual (whether living or deceased);\n  or both.\n\n> organ or tissue donation and transplantation matter means a matter relating to organ or tissue donation and transplantation, and includes the following matters:\n\n    (a) the provision of an organ or tissue donation and transplantation service;\n    (b) the identification of potential organ or tissue donors;\n    (c) the obtaining of organs or tissue for transplantation;\n    (d) waiting lists for potential organ or tissue recipients;\n    (e) the allocation of organs or tissue for transplantation;\n    (f) support services for organ or tissue donors and their partners and families;\n    (g) the skills and knowledge of people involved in providing organ or tissue donation and transplantation services;\n    (ga) commemorative activities relating to organ or tissue donors or recipients;\n    (h) public knowledge about, and confidence in, organ or tissue donation and transplantation services.\n\n> organ or tissue donation and transplantation service means:\n\n    (a) a service relating to organ or tissue donation and transplantation; or\n    (b) a service that is ancillary or incidental to a service covered by paragraph (a).\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> parent has a meaning affected by section 5B.\n\n> partner has the meaning given by section 5A.\n\n> sibling has a meaning affected by section 5D.\n\n> stepchild has a meaning affected by section 5E.\n\n> tissue means:\n\n    (a) a part of a human body (other than an organ); or\n    (b) a part of an organ; or\n    (c) a substance extracted from, or from a part of:\n    (i) an organ; or\n    (ii) any other part of a human body;\n  but does not include a substance or thing specified in the regulations.\n\n> transplantation, in relation to an organ or tissue, includes:\n\n    (a) the transplantation of a part of the organ or tissue; and\n    (b) the transplantation of a substance obtained from the organ or tissue.\n\n#### 5 Meaning of authorised family member\n\n  In this Act, authorised family member of an organ or tissue donor or recipient who has died means any of the following persons:\n    (a) the partner of the organ or tissue donor or recipient;\n    (b) a parent or legal guardian of the organ or tissue donor or recipient;\n    (c) a child of the organ or tissue donor or recipient;\n    (d) a sibling of the organ or tissue donor or recipient;\n    (e) a grandparent of the organ or tissue donor or recipient;\n    (f) a grandchild of the organ or tissue donor or recipient;\n    (g) if the organ or tissue donor or recipient has traditional Aboriginal or Torres Strait Islander kinship ties—a person who is related to the organ or tissue donor or recipient under Aboriginal or Torres Strait Islander kinship rules;\n    (h) if the organ or tissue donor or recipient is a member of a community that accepts relationships other than those referred to in paragraphs (a) to (g) as kinship ties—a person who is accepted by the community to be related to the organ or tissue donor or recipient;\n    (i) a person who, under the regulations, is taken to be an authorised family member of the organ or tissue donor or recipient.\n\n#### 5A Meaning of partner\n\n  (1) In this Act, partner of a person means:\n    (a) the person’s spouse; or\n    (b) the person’s de facto partner.\n  (2) However, if more than one person would qualify as a partner of a person (the first person) under subsection (1), then only the last person to so qualify is the partner of the first person for the purposes of this Act.\n\n#### 5B Meaning of child\n\n  (1) In this Act, child of a person includes:\n    (a) an adopted child, stepchild, exnuptial child or foster child of the person; and\n    (b) someone who is a child of the person within the meaning of the Family Law Act 1975.\n  Tracing family relationships\n  (2) For the purposes of this Act, if one person is the child of another person because of subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n#### 5C Meaning of parent\n\n> Without limiting who is a parent of a person for the purposes of this Act, a person (the first person) is a parent of another person if the other person is the first person’s child.\n\n#### 5D Meaning of sibling\n\n  In this Act, sibling of a person includes a half‑brother, half‑sister, adoptive brother, adoptive sister, step‑brother, step‑sister, foster‑brother and foster‑sister of the person.\n\n#### 5E Meaning of stepchild\n\nIn this Act, without limiting who is a stepchild of a person, a person (the first person) is a stepchild of another person (the second person) if the first person would be the second person’s stepchild except that the second person is not legally married to the second person’s de facto partner.\n\n#### 5F Meaning of DonateLife Agency\n\n  (1) The Minister may, by legislative instrument, declare that a specified agency is a DonateLife Agency for the purposes of this Act.\n  (2) The Minister must not declare under subsection (1) that an agency is a DonateLife Agency unless the Minister is satisfied that the agency has a role or function in relation to one or more organ or tissue donation and transplantation matters.\n  Consultation\n  (3) Before the Minister makes a declaration under subsection (1) in relation to:\n    (a) a Department of a State; or\n    (b) a part of a Department of a State; or\n    (c) an authority of a State; or\n    (d) a part of an authority of a State;\n  the Minister must consult the Minister of the State who is responsible, or principally responsible, for the administration of matters relating to health in the State.\n  (4) Before the Minister makes a declaration under subsection (1) in relation to:\n    (a) a Department of the Northern Territory; or\n    (b) a part of a Department of the Northern Territory; or\n    (c) an authority of the Northern Territory; or\n    (d) a part of an authority of the Northern Territory;\n  the Minister must consult the Minister of the Northern Territory who is responsible, or principally responsible, for the administration of matters relating to health in the Northern Territory.\n  (5) Before the Minister makes a declaration under subsection (1) in relation to:\n    (a) a Department of the Australian Capital Territory; or\n    (b) a part of a Department of the Australian Capital Territory; or\n    (c) an authority of the Australian Capital Territory; or\n    (d) a part of an authority of the Australian Capital Territory;\n  the Minister must consult the Minister of the Australian Capital Territory who is responsible, or principally responsible, for the administration of matters relating to health in the Australian Capital Territory.\n  Agency\n  (6) For the purposes of this section, agency means:\n    (a) a Department of a State or Territory; or\n    (b) a part of a Department of a State or Territory; or\n    (c) an authority of a State or Territory; or\n    (d) a part of an authority of a State or Territory; or\n    (e) a body corporate.\n\n#### 6 Crown to be bound\n\n  This Act binds the Crown in each of its capacities.\n\n#### 7 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n## Part 2—Australian Organ and Tissue Donation and Transplantation Authority\n\n#### 8 Establishment of the Australian Organ and Tissue Donation and Transplantation Authority\n\n  (1) The Australian Organ and Tissue Donation and Transplantation Authority is established by this section.\n\n> Note: In this Act, Authority means the Australian Organ and Tissue Donation and Transplantation Authority—see section 4.\n\n  (2) The Authority may also be known by a name specified in the regulations.\n  (3) The Authority consists of:\n    (aa) the CEO; and\n    (b) the staff of the Authority.\n\n> Note: The Authority does not have a legal identity separate from the Commonwealth.\n\n  (4) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the following combination of bodies is a listed entity:\n    (i) the Authority;\n    (ii) the Advisory Board; and\n    (aa) the listed entity is to be known as the Australian Organ and Tissue Donation and Transplantation Authority; and\n    (b) the CEO is the accountable authority of the Authority; and\n    (c) the following persons are officials of the Authority:\n    (i) the CEO;\n    (ii) the Advisory Board members;\n    (iii) the staff of the Authority;\n    (iv) consultants engaged under section 26;\n    (v) persons whose services are made available to the Authority under section 27;\n    (vi) an expert advisory committee member; and\n    (d) the purposes of the Authority include:\n    (i) the functions of the Authority referred to in section 11; and\n    (ii) the functions of the CEO referred to in section 14B; and\n    (iii) the functions of the Advisory Board referred to in section 29; and\n    (iv) the functions of an expert advisory committee referred to in section 45.\n\n#### 11 Functions of the Authority\n\n  (1) The functions of the Authority are:\n    (a) to formulate, in writing, policies and protocols relating to organ or tissue donation and transplantation matters; and\n    (b) to declare, in writing, standards and codes of practice relating to organ or tissue donation and transplantation matters; and\n    (c) to support and encourage the implementation of:\n    (i) policies and protocols formulated under paragraph (a); and\n    (ii) standards and codes of practice declared under paragraph (b); and\n    (d) to collect, analyse, interpret and disseminate information relating to organ or tissue donation and transplantation matters; and\n    (e) to support, encourage, conduct and evaluate training programs that are directed towards improving the skills and knowledge of people involved in organ or tissue donation and transplantation services; and\n    (f) to support, encourage, conduct and evaluate educational, promotional and community awareness programs that are relevant to organ or tissue donation and transplantation matters; and\n    (g) to make, on behalf of the Commonwealth, grants of financial assistance in relation to organ or tissue donation and transplantation matters; and\n    (h) to support, encourage, conduct and evaluate research about organ or tissue donation and transplantation matters; and\n    (i) to publish (whether on the internet or otherwise) reports and papers relating to organ or tissue donation and transplantation matters; and\n    (j) to advise the Minister about organ or tissue donation and transplantation matters; and\n    (k) to consult and co‑operate with other persons, organisations and governments on organ or tissue donation and transplantation matters; and\n    (l) such other functions as are conferred on the Authority by this Act or any other law; and\n    (m) such other functions (if any) as are specified in a written instrument given by the Minister to the Authority; and\n    (n) to do anything incidental to or conducive to the performance of any of the above functions.\n\n> Note 1: See also section 57 (compliance with policies, protocols, standards and codes is voluntary).\n\n> Note 2: See also section 58 (protection of patient confidentiality).\n\n> Note 3: See also sections 54 to 56 (terms and conditions of grants).\n\n> Note 4: For variation and revocation of instruments made under paragraph (a), (b) or (m), see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  Constitutional limits\n  (2) The Authority may perform its functions only:\n    (a) with respect to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; or\n    (b) with respect to the executive power of the Commonwealth; or\n    (c) with respect to statistics; or\n    (d) with respect to, or in, a Territory; or\n    (e) with respect to, or in, a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or\n    (f) with respect to trade and commerce:\n    (i) between Australia and places outside Australia; or\n    (ii) among the States; or\n    (iii) within a Territory, between a State and a Territory or between 2 Territories; or\n    (g) with respect to the granting of financial assistance to a constitutional corporation for the purposes of carrying out the corporation’s activities; or\n    (h) with respect to the provision of medical services; or\n    (i) with respect to a postal, telegraphic, telephonic or other like service; or\n    (j) with respect to the provision of a service to:\n    (i) the Commonwealth; or\n    (ii) an authority of the Commonwealth;\n    for a purpose of the Commonwealth; or\n    (k) with respect to the implied power of the Parliament to make laws with respect to nationhood; or\n    (l) with respect to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n  (2A) A term used in subsection (2) and the Constitution has the same meaning in that subsection as it has in the Constitution.\n  Legislative instruments\n  (3) A policy or protocol formulated under paragraph (1)(a) is not a legislative instrument.\n  (4) A standard or code of practice declared under paragraph (1)(b) is not a legislative instrument.\n  (5) A declaration made under paragraph (1)(b) is not a legislative instrument.\n  (6) An instrument made under paragraph (1)(m) is not a legislative instrument.\n\n#### 12 Authority must have regard to certain objectives etc.\n\n  In performing the Authority’s functions under this Act, the Authority must have regard to:\n    (a) the following objectives:\n    (i) promoting a co‑ordinated and consistent approach to organ or tissue donation and transplantation matters;\n    (ii) improving access to organ or tissue donation and transplantation services;\n    (iii) improving the identification of potential organ or tissue donors;\n    (iv) minimising waiting times for potential organ or tissue recipients;\n    (v) improving the management of waiting lists for potential organ or tissue recipients;\n    (vi) improving the management of the allocation of donated organs or tissue;\n    (vii) improving support services for organ or tissue donors and their partners and families;\n    (viii) improving the skills and knowledge of people involved in providing organ or tissue donation and transplantation services;\n    (ix) improving public knowledge about, and public confidence in, organ or tissue donation and transplantation services; and\n    (b) international best practice; and\n    (c) safety; and\n    (d) effectiveness; and\n    (e) privacy; and\n    (f) equity; and\n    (g) transparency; and\n    (h) such other matters (if any) as the Authority considers relevant.\n\n#### 13 Minister may give directions to the Authority\n\n  (1) The Minister may, by legislative instrument, give written directions to the Authority about the performance of the Authority’s functions.\n\n> Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n  (2) A direction under subsection (1) must be of a general nature only.\n  (3) The Authority must comply with a direction under subsection (1).\n\n## Part 3—Chief Executive Officer and staff etc.\n\n### Division 1—Chief Executive Officer\n\n#### 14A CEO\n\n  There is to be a Chief Executive Officer of the Authority.\n\n#### 14B Functions of the CEO\n\n  (1) The functions of the CEO are:\n    (a) to determine objectives, strategies and policies to be followed by the Authority in the performance of its functions; and\n    (b) to ensure the proper, efficient and effective performance of the Authority’s functions; and\n    (c) to manage the administration of the Authority; and\n    (d) such other functions as are conferred on the CEO by this Act or any other law; and\n    (e) to do anything incidental or conducive to the performance of any of the above functions.\n  (2) The CEO has power to do all things necessary or convenient to be done for, or in connection with, the performance of the CEO’s functions.\n\n#### 14 Appointment of the CEO\n\n  (1) The CEO is to be appointed by the Minister by written instrument.\n  (2) The CEO holds office on a full‑time basis.\n\n#### 15 Period of appointment for the CEO\n\n  The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 16 Acting appointments\n\n  The Minister may appoint a person to act as the CEO:\n    (a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n### Division 3—Terms and conditions for the CEO\n\n#### 17 Remuneration and allowances\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18 Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 19 Resignation\n\n  (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 20 Outside employment\n\n  The CEO must not engage in paid employment outside the duties of his or her office without the Minister’s approval.\n\n#### 22 Termination of appointment\n\n  (1) The Minister may terminate the appointment of the CEO:\n    (a) for misbehaviour; or\n    (b) if the CEO is unable to perform the duties of the CEO’s office because of physical or mental incapacity.\n  (2) The Minister may terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Minister’s approval, in paid work outside the duties of his or her office; or\n    (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n#### 23 Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n### Division 5—Staff etc.\n\n#### 25 Staff\n\n  (1) The staff of the Authority are to be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the Authority staff together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n\n#### 26 Consultants\n\n  (1) The CEO may, on behalf of the Commonwealth, engage persons having suitable qualifications and experience as consultants to assist in the performance of the Authority’s functions.\n  (2) The consultants are to be engaged on the terms and conditions that the CEO determines in writing.\n\n#### 27 Persons assisting the Authority\n\n  The Authority may also be assisted:\n    (a) by officers and employees of Agencies (within the meaning of the Public Service Act 1999); or\n    (b) by officers and employees of authorities of the Commonwealth; or\n    (c) by officers and employees of a State or Territory; or\n    (d) by officers and employees of authorities of a State or Territory;\n  whose services are made available to the Authority in connection with the performance of any of the Authority’s functions.\n\n## Part 4—Australian Organ and Tissue Donation and Transplantation Advisory Board\n\n### Division 1—Establishment and functions of the Advisory Board\n\n#### 28 Establishment of the Advisory Board\n\n  The Australian Organ and Tissue Donation and Transplantation Advisory Board is established by this section.\n\n#### 29 Functions of the Advisory Board\n\n  (1) The functions of the Advisory Board are:\n    (a) to advise the CEO, either on its own initiative or at the request of the CEO, about the following matters:\n    (i) the objectives, strategies and policies to be followed by the Authority in the performance of its functions;\n    (ii) the performance of the Authority’s functions;\n    (iii) organ or tissue donation and transplantation matters; and\n    (b) to provide strategic advice to the Minister about the performance of the Authority’s functions if requested to do so by the Minister; and\n    (c) to do anything incidental or conducive to the performance of any of the above functions.\n  (2) The Advisory Board has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.\n\n### Division 2—Members of the Advisory Board\n\n#### 30 Membership\n\n  The Advisory Board consists of:\n    (a) the Chair; and\n    (b) the Deputy Chair; and\n    (c) at least 3, but not more than 5, other members.\n\n#### 31 Appointment of Advisory Board members\n\n  (1) Subject to this section, the Advisory Board members are to be appointed by the Minister by written instrument, on a part‑time basis.\n\n> Note: An Advisory Board member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n  Eligibility for appointment\n  (2) A person is not eligible for appointment as an Advisory Board member unless the Minister is satisfied that the person has experience in, or knowledge of, at least one of the following fields:\n    (a) public or health leadership or administration;\n    (b) clinical expertise in organ or tissue donation and transplantation;\n    (c) business management;\n    (d) community leadership and engagement in relation to organ or tissue donation and transplantation matters;\n    (e) promotion of organ or tissue donation and transplantation matters;\n    (f) health consumer advocacy;\n    (g) any other field that the Minister considers appropriate.\n  Mix of Advisory Board members\n  (3) In appointing the Advisory Board members, the Minister must ensure, to the extent practicable, that those Advisory Board members are an appropriate mix of persons meeting the requirements of subsection (2).\n  Consultation\n  (4) Before the Minister appoints a person as an Advisory Board member (other than the Chair), the Minister must consult:\n    (a) the Minister of each State who is responsible, or principally responsible, for the administration of matters relating to health in the State; and\n    (b) the Minister of the Northern Territory who is responsible, or principally responsible, for the administration of matters relating to health in that Territory; and\n    (c) the Minister of the Australian Capital Territory who is responsible, or principally responsible, for the administration of matters relating to health in that Territory; and\n    (d) such other persons (if any) as the Minister considers appropriate.\n\n#### 32 Term of appointment\n\n  An Advisory Board member holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.\n\n#### 33 Acting appointment\n\n  Acting as the Chair\n  (1) The Minister may, by written instrument, appoint an Advisory Board member to act as the Chair:\n    (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n  Acting as an appointed Board member (other than the Chair)\n  (2) The Minister may, by written instrument, appoint a person to act as an Advisory Board member (other than the Chair):\n    (a) during a vacancy in the office of an Advisory Board member (other than the Chair), whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when an Advisory Board member (other than the Chair):\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n  (3) A person is not eligible for appointment under subsection (2) unless the Minister is satisfied that the person meets the requirements of subsection 31(2).\n\n#### 34 Remuneration\n\n  (1) An Advisory Board member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Advisory Board member is to be paid the remuneration that is prescribed by the regulations.\n  (2) An Advisory Board member is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 35 Leave of absence\n\n  (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n  (2) The Chair may grant leave of absence to any other Advisory Board member on the terms and conditions that the Chair determines.\n  (3) The Chair must notify the Minister if the Chair grants an Advisory Board member leave of absence for a period that exceeds 3 months.\n\n#### 36 Other terms and conditions\n\n  An Advisory Board member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 37 Resignation\n\n  (1) An Advisory Board member may resign the member’s appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 38 Termination of appointment\n\n  (1) The Minister may terminate the appointment of an Advisory Board member:\n    (a) for misbehaviour; or\n    (b) if the Advisory Board member is unable to perform the duties of that member’s office because of physical or mental incapacity.\n  (2) The Minister may terminate the appointment of an Advisory Board member if:\n    (a) the Advisory Board member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with that member’s creditors; or\n    (iv) makes an assignment of that member’s remuneration for the benefit of that member’s creditors; or\n    (b) the Advisory Board member is absent, except on leave of absence, from 3 consecutive meetings of the Advisory Board; or\n    (c) the Advisory Board member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n### Division 3—Meetings of the Advisory Board\n\n#### 39 Convening meetings\n\n  (1) The Advisory Board must hold such meetings as are necessary for the efficient performance of its functions.\n  (2) The Chair must convene at least 4 meetings of the Advisory Board each financial year.\n\n#### 40 Presiding at meetings\n\n  (1) The Chair must preside at all meetings of the Advisory Board at which the Chair is present.\n  (2) If the Chair is not present at a meeting of the Advisory Board:\n    (a) the Deputy Chair is to preside; or\n    (b) if the Deputy Chair is not present—the other Advisory Board members present must appoint one of themselves to preside.\n\n#### 41 Conduct of meetings\n\n  The Advisory Board may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.\n\n#### 42 Minutes\n\n  The Advisory Board must keep minutes of its meetings.\n\n## Part 5—Expert advisory committees\n\n#### 44 Establishment of expert advisory committees\n\n  (1) The CEO may, by writing, establish committees, to be known as expert advisory committees.\n\n> Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  (2) An instrument made under subsection (1) is not a legislative instrument.\n\n#### 45 Function of expert advisory committees\n\n  An expert advisory committee has the function of advising the CEO about organ or tissue donation and transplantation matters referred to it by the CEO.\n\n#### 46 Appointment of expert advisory committee members etc.\n\n  (1) Each expert advisory committee member is to be appointed by the CEO by written instrument.\n  (2) An expert advisory committee member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n\n> Note: An expert advisory committee member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n  (3) An expert advisory committee member holds office on a part‑time basis.\n  (4) The CEO may terminate the appointment of an expert advisory committee member.\n\n#### 47 Procedures of expert advisory committees\n\n  (1) The CEO may give an expert advisory committee written directions about:\n    (a) the way in which the committee is to carry out its function; and\n    (b) procedures to be followed in relation to meetings.\n\n> Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  (2) A direction given under subsection (1) is not a legislative instrument.\n\n#### 48 Remuneration and allowances\n\n  (1) An expert advisory committee member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.\n  (2) However, an expert advisory committee member is not entitled to be paid remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:\n    (a) a State; or\n    (b) a corporation (a public statutory corporation) that:\n    (i) is established for a public purpose by a law of a State; and\n    (ii) is not a tertiary education institution; or\n    (c) a company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by a State; or\n    (d) a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation.\n\n> Note: A similar rule applies to an expert advisory committee member who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973.\n\n  (3) An expert advisory committee member is to be paid the allowances that are prescribed by the regulations.\n  (4) This section (other than subsection (2)) has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 49 Leave of absence\n\n  The CEO may grant leave of absence to an expert advisory committee member on the terms and conditions that the CEO determines.\n\n#### 50 Resignation\n\n  (1) An expert advisory committee member may resign his or her appointment by giving the CEO a written resignation.\n  (2) The resignation takes effect on the day it is received by the CEO or, if a later day is specified in the resignation, on that later day.\n\n#### 51 Disclosure of interests to the CEO\n\n  (1) A disclosure by an expert advisory committee member under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the CEO.\n  (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n  (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the expert advisory committee member is taken not to have complied with section 29 of that Act if the member does not comply with subsection (1) of this section.\n  (4) The CEO may terminate the appointment of an expert advisory committee member if the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013, or the rules made for the purposes of that section.\n  (5) Subsection (4) does not limit subsection 46(4).\n\n#### 53 Other terms and conditions\n\n  An expert advisory committee member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the CEO.\n\n## Part 6—Grants\n\n#### 54 Grant to a State\n\n  Scope\n  (1) This section applies to a grant of financial assistance to a State if:\n    (a) the grant is made by the Authority on behalf of the Commonwealth; and\n    (b) the grant relates to one or more organ or tissue donation and transplantation matters.\n\n> Note: See paragraph 11(1)(g) (grants of financial assistance).\n\n  Terms and conditions\n  (2) The terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the State.\n  (3) An agreement under subsection (2) may be entered into by the Authority on behalf of the Commonwealth.\n  (4) A term or condition set out in an agreement under subsection (2) may require compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b).\n\n#### 55 Grant to a Territory\n\n  Scope\n  (1) This section applies to a grant of financial assistance to a Territory if:\n    (a) the grant is made by the Authority on behalf of the Commonwealth; and\n    (b) the grant relates to one or more organ or tissue donation and transplantation matters.\n\n> Note: See paragraph 11(1)(g) (grants of financial assistance).\n\n  Terms and conditions\n  (2) The terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the Territory.\n  (3) An agreement under subsection (2) may be entered into by the Authority on behalf of the Commonwealth.\n  (4) A term or condition set out in an agreement under subsection (2) may require compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b).\n\n#### 56 Grant to a person other than a State or Territory\n\n  Scope\n  (1) This section applies to a grant of financial assistance to a person other than a State or Territory if:\n    (a) the grant is made by the Authority on behalf of the Commonwealth; and\n    (b) the grant relates to one or more organ or tissue donation and transplantation matters.\n\n> Note: See paragraph 11(1)(g) (grants of financial assistance).\n\n  Terms and conditions\n  (2) The terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the person.\n  (2A) If the grant of financial assistance is made to a constitutional corporation, the corporation must comply with the terms and conditions.\n  (3) An agreement under subsection (2) may be entered into by the Authority on behalf of the Commonwealth.\n  (4) A term or condition set out in an agreement under subsection (2) may require compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b).\n\n## Part 7—Miscellaneous\n\n#### 57 Compliance with policies, protocols, standards and codes\n\n  (1) Compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b);\n  is voluntary.\n  (2) Subsection (1) does not prevent compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b);\n  from being a term or condition of:\n    (c) a grant of financial assistance; or\n    (d) a contract or other legally enforceable agreement.\n  (3) Subsection (1) does not prevent:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b);\n  from being applied or adopted by or under:\n    (c) a law of a State or Territory; or\n    (d) a law of the Commonwealth other than this Act.\n\n#### 58 Protection of patient confidentiality—Authority and CEO\n\n  (1A) In the performance of the Authority’s functions, the Authority must not publish or disseminate information that is likely to enable the identification of a particular organ or tissue donor or recipient.\n  (1) In the performance of the CEO’s functions, the CEO must not publish or disseminate information that is likely to enable the identification of a particular organ or tissue donor or recipient.\n  (2) Subsections (1A) and (1) do not apply if the publication or dissemination of the information takes place with the consent of:\n    (a) if the organ or tissue donor or recipient is aged at least 18 years—the organ or tissue donor or recipient; or\n    (ab) if the organ or tissue donor or recipient is under 16 years of age—a parent or legal guardian of the organ or tissue donor or recipient; or\n    (ac) if the organ or tissue donor or recipient:\n    (i) is 16 or 17 years of age; and\n    (ii) has legal capacity to consent to the publication or dissemination of the information;\n    the organ or tissue donor or recipient; or\n    (ad) if the organ or tissue donor or recipient:\n    (i) is 16 or 17 years of age; and\n    (ii) does not have legal capacity to consent to the publication or dissemination of the information;\n    a parent or legal guardian of the organ or tissue donor or recipient; or\n    (b) if the organ or tissue donor or recipient has died but is survived by one or more authorised family members—any of those authorised family members; or\n    (c) in any other case—an individual who, under the regulations, is authorised to give consent to the publication or dissemination of the information.\n  (3) Subsection (2) does not permit the publication or dissemination by the Authority or the CEO of information that reveals that an organ and/or tissue was:\n    (a) removed from the body of a particular organ or tissue donor; and\n    (b) transplanted to the body of a particular organ or tissue recipient.\n  (4) To avoid doubt, if the publication or dissemination by the Authority or the CEO of particular information is permitted by subsection (2), a law of a State or Territory does not prevent the publication or dissemination by the Authority or the CEO of the information.\n\n#### 58A Publication, dissemination or disclosure of patient information—DonateLife Agencies, grant recipients and authorised family members\n\n  Scope\n  (1) This section applies if:\n    (a) an organ or tissue donation and transplantation has occurred; and\n    (b) the organ or tissue donor or recipient has died.\n  Publication, dissemination or disclosure by a DonateLife Agency or grant recipient\n  (2) Either of the following:\n    (a) a DonateLife Agency;\n    (b) a person who is a party to an agreement that:\n    (i) is in force; and\n    (ii) provides for the making of one or more grants under paragraph 11(1)(g) to the person;\n  may publish, disseminate or disclose information that is likely to enable the identification of the deceased organ or tissue donor or the deceased organ or tissue recipient (as the case requires) if:\n    (c) the publication, dissemination or disclosure is for the purposes of any of the following activities:\n    (i) an educational activity that is relevant to an organ or tissue donation and transplantation matter;\n    (ii) a commemorative activity that is an organ or tissue donation and transplantation matter;\n    (iii) a promotional activity that is relevant to an organ or tissue donation and transplantation matter;\n    (iv) a community awareness activity that is relevant to an organ or tissue donation and transplantation matter; and\n    (d) the publication, dissemination or disclosure is made with the consent of an authorised family member of the deceased organ or tissue donor or recipient; and\n    (e) the publication, dissemination or disclosure is made:\n    (i) using a service to which paragraph 51(v) of the Constitution applies; or\n    (ii) using an electronic service (within the meaning of the Online Safety Act 2021); or\n    (iii) in a Territory; or\n    (iv) in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or\n    (v) by a constitutional corporation.\n  Publication, dissemination or disclosure by an authorised family member\n  (3) An authorised family member of the deceased organ or tissue donor or recipient may publish, disseminate or disclose information that is likely to enable the identification of the deceased organ or tissue donor or the deceased organ or tissue recipient (as the case requires) if:\n    (a) the publication, dissemination or disclosure is for the purposes of any of the following activities of the Authority or a DonateLife Agency:\n    (i) an educational activity that is relevant to an organ or tissue donation and transplantation matter;\n    (ii) a commemorative activity that is an organ or tissue donation and transplantation matter;\n    (iii) a promotional activity that is relevant to an organ or tissue donation and transplantation matter;\n    (iv) a community awareness activity that is relevant to an organ or tissue donation and transplantation matter; and\n    (b) the publication, dissemination or disclosure is made:\n    (i) using a service to which paragraph 51(v) of the Constitution applies; or\n    (ii) using an electronic service (within the meaning of the Online Safety Act 2021); or\n    (iii) in a Territory; or\n    (iv) in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970).\n  (4) Subsections (2) and (3) have effect despite anything in a law of a State or Territory.\n  Secondary publication, dissemination or disclosure\n  (5) If information has been the subject of a publication, dissemination or disclosure under subsection (2) or (3), a person may publish, disseminate or disclose that information if:\n    (a) the publication, dissemination or disclosure is for the purposes of reporting on any of the following activities:\n    (i) an educational activity that is relevant to an organ or tissue donation and transplantation matter;\n    (ii) a commemorative activity that is an organ or tissue donation and transplantation matter;\n    (iii) a promotional activity that is relevant to an organ or tissue donation and transplantation matter;\n    (iv) a community awareness activity that is relevant to an organ or tissue donation and transplantation matter; and\n    (b) the publication, dissemination or disclosure is made:\n    (i) using a service to which paragraph 51(v) of the Constitution applies; or\n    (ii) using an electronic service (within the meaning of the Online Safety Act 2021); or\n    (iii) in a Territory; or\n    (iv) in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970).\n  (6) Subsection (5) has effect despite anything in a law of a State or Territory.\n\n#### 59 Concurrent operation of State and Territory laws etc.\n\n  (1) This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n  (2) This Act does not affect the operation of:\n    (a) a law of a State or Territory; or\n    (b) a rule of common law;\n  to the extent that the law or rule requires the giving of consent to the removal of an organ or tissue from the body of an individual (whether living or deceased).\n  (3) Subsection (2) does not limit subsection (1).\n\n#### 60 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted to be prescribed by this Act; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":37},{"sectionNumber":"28","sectionType":"section","heading":"Establishment of the Advisory Board","content":"#### 28 Establishment of the Advisory Board\n\n  The Australian Organ and Tissue Donation and Transplantation Advisory Board is established by this section.","sortOrder":39},{"sectionNumber":"29","sectionType":"section","heading":"Functions of the Advisory Board","content":"#### 29 Functions of the Advisory Board\n\n  (1) The functions of the Advisory Board are:\n    (a) to advise the CEO, either on its own initiative or at the request of the CEO, about the following matters:\n    (i) the objectives, strategies and policies to be followed by the Authority in the performance of its functions;\n    (ii) the performance of the Authority’s functions;\n    (iii) organ or tissue donation and transplantation matters; and\n    (b) to provide strategic advice to the Minister about the performance of the Authority’s functions if requested to do so by the Minister; and\n    (c) to do anything incidental or conducive to the performance of any of the above functions.\n  (2) The Advisory Board has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.","sortOrder":40},{"sectionNumber":"Division 2","sectionType":"division","heading":"Members of the Advisory Board","content":"An Act to establish the Australian Organ and Tissue Donation and Transplantation Authority, and for other purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Organ and Tissue Donation and Transplantation Authority Act 2008.\n\n#### 2 Commencement\n\n  This Act commences on 1 January 2009.\n\n#### 3 Simplified outline\n\n  The following is a simplified outline of this Act:\n\nThis Act establishes the Australian Organ and Tissue Donation and Transplantation Authority. The Authority has a number of functions relating to organ or tissue donation and transplantation matters.\n\nThe Authority consists of the Chief Executive Officer and the staff of the Authority. The functions of the CEO include:\n\n(a) determining objectives, strategies and policies to be followed by the Authority in the performance of its functions; and\n\n(b) ensuring the proper, efficient and effective performance of the Authority’s functions; and\n\n(c) managing the administration of the Authority.\n\nThe Australian Organ and Tissue Donation and Transplantation Advisory Board is also established by this Act. The Advisory Board’s main function is advising the CEO about a number of matters including organ or tissue donation and transplantation matters.\n\nThe Act also provides for the CEO to establish expert advisory committees and for the Authority to make grants relating to organ or tissue donation and transplantation matters.\n\n#### 4 Definitions\n\n  In this Act:\n\n> Advisory Board member means a member of the Advisory Board (and includes the Chair and Deputy Chair).\n\n> Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.\n\n> authorised family member has the meaning given by section 5.\n\n> Authority means the Australian Organ and Tissue Donation and Transplantation Authority.\n\n> Board means the Australian Organ and Tissue Donation and Transplantation Advisory Board.\n\n> CEO means the Chief Executive Officer of the Authority.\n\n> Chair means the Chair of the Advisory Board.\n\n> child has a meaning affected by section 5B.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> de facto partner has the meaning given by the Acts Interpretation Act 1901.\n\n> Deputy Chair means the Deputy Chair of the Advisory Board.\n\n> DonateLife Agency has the meaning given by section 5F.\n\n> expert advisory committee means a committee established under section 44.\n\n> expert advisory committee member means a member of an expert advisory committee, and includes the Chair of an expert advisory committee.\n\n> improving includes maintaining.\n\n> organ means an organ of a human body (within the ordinary meaning of that expression).\n\n> organ or tissue donation and transplantation means:\n\n    (a) the removal of an organ and/or tissue from the body of an individual (whether living or deceased) for the purpose of its transplantation to the body of a living individual (other than the individual from which it was removed); or\n    (b) the transplantation to the body of a living individual of an organ and/or tissue removed from the body of another individual (whether living or deceased);\n  or both.\n\n> organ or tissue donation and transplantation matter means a matter relating to organ or tissue donation and transplantation, and includes the following matters:\n\n    (a) the provision of an organ or tissue donation and transplantation service;\n    (b) the identification of potential organ or tissue donors;\n    (c) the obtaining of organs or tissue for transplantation;\n    (d) waiting lists for potential organ or tissue recipients;\n    (e) the allocation of organs or tissue for transplantation;\n    (f) support services for organ or tissue donors and their partners and families;\n    (g) the skills and knowledge of people involved in providing organ or tissue donation and transplantation services;\n    (ga) commemorative activities relating to organ or tissue donors or recipients;\n    (h) public knowledge about, and confidence in, organ or tissue donation and transplantation services.\n\n> organ or tissue donation and transplantation service means:\n\n    (a) a service relating to organ or tissue donation and transplantation; or\n    (b) a service that is ancillary or incidental to a service covered by paragraph (a).\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> parent has a meaning affected by section 5B.\n\n> partner has the meaning given by section 5A.\n\n> sibling has a meaning affected by section 5D.\n\n> stepchild has a meaning affected by section 5E.\n\n> tissue means:\n\n    (a) a part of a human body (other than an organ); or\n    (b) a part of an organ; or\n    (c) a substance extracted from, or from a part of:\n    (i) an organ; or\n    (ii) any other part of a human body;\n  but does not include a substance or thing specified in the regulations.\n\n> transplantation, in relation to an organ or tissue, includes:\n\n    (a) the transplantation of a part of the organ or tissue; and\n    (b) the transplantation of a substance obtained from the organ or tissue.\n\n#### 5 Meaning of authorised family member\n\n  In this Act, authorised family member of an organ or tissue donor or recipient who has died means any of the following persons:\n    (a) the partner of the organ or tissue donor or recipient;\n    (b) a parent or legal guardian of the organ or tissue donor or recipient;\n    (c) a child of the organ or tissue donor or recipient;\n    (d) a sibling of the organ or tissue donor or recipient;\n    (e) a grandparent of the organ or tissue donor or recipient;\n    (f) a grandchild of the organ or tissue donor or recipient;\n    (g) if the organ or tissue donor or recipient has traditional Aboriginal or Torres Strait Islander kinship ties—a person who is related to the organ or tissue donor or recipient under Aboriginal or Torres Strait Islander kinship rules;\n    (h) if the organ or tissue donor or recipient is a member of a community that accepts relationships other than those referred to in paragraphs (a) to (g) as kinship ties—a person who is accepted by the community to be related to the organ or tissue donor or recipient;\n    (i) a person who, under the regulations, is taken to be an authorised family member of the organ or tissue donor or recipient.\n\n#### 5A Meaning of partner\n\n  (1) In this Act, partner of a person means:\n    (a) the person’s spouse; or\n    (b) the person’s de facto partner.\n  (2) However, if more than one person would qualify as a partner of a person (the first person) under subsection (1), then only the last person to so qualify is the partner of the first person for the purposes of this Act.\n\n#### 5B Meaning of child\n\n  (1) In this Act, child of a person includes:\n    (a) an adopted child, stepchild, exnuptial child or foster child of the person; and\n    (b) someone who is a child of the person within the meaning of the Family Law Act 1975.\n  Tracing family relationships\n  (2) For the purposes of this Act, if one person is the child of another person because of subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n#### 5C Meaning of parent\n\n> Without limiting who is a parent of a person for the purposes of this Act, a person (the first person) is a parent of another person if the other person is the first person’s child.\n\n#### 5D Meaning of sibling\n\n  In this Act, sibling of a person includes a half‑brother, half‑sister, adoptive brother, adoptive sister, step‑brother, step‑sister, foster‑brother and foster‑sister of the person.\n\n#### 5E Meaning of stepchild\n\nIn this Act, without limiting who is a stepchild of a person, a person (the first person) is a stepchild of another person (the second person) if the first person would be the second person’s stepchild except that the second person is not legally married to the second person’s de facto partner.\n\n#### 5F Meaning of DonateLife Agency\n\n  (1) The Minister may, by legislative instrument, declare that a specified agency is a DonateLife Agency for the purposes of this Act.\n  (2) The Minister must not declare under subsection (1) that an agency is a DonateLife Agency unless the Minister is satisfied that the agency has a role or function in relation to one or more organ or tissue donation and transplantation matters.\n  Consultation\n  (3) Before the Minister makes a declaration under subsection (1) in relation to:\n    (a) a Department of a State; or\n    (b) a part of a Department of a State; or\n    (c) an authority of a State; or\n    (d) a part of an authority of a State;\n  the Minister must consult the Minister of the State who is responsible, or principally responsible, for the administration of matters relating to health in the State.\n  (4) Before the Minister makes a declaration under subsection (1) in relation to:\n    (a) a Department of the Northern Territory; or\n    (b) a part of a Department of the Northern Territory; or\n    (c) an authority of the Northern Territory; or\n    (d) a part of an authority of the Northern Territory;\n  the Minister must consult the Minister of the Northern Territory who is responsible, or principally responsible, for the administration of matters relating to health in the Northern Territory.\n  (5) Before the Minister makes a declaration under subsection (1) in relation to:\n    (a) a Department of the Australian Capital Territory; or\n    (b) a part of a Department of the Australian Capital Territory; or\n    (c) an authority of the Australian Capital Territory; or\n    (d) a part of an authority of the Australian Capital Territory;\n  the Minister must consult the Minister of the Australian Capital Territory who is responsible, or principally responsible, for the administration of matters relating to health in the Australian Capital Territory.\n  Agency\n  (6) For the purposes of this section, agency means:\n    (a) a Department of a State or Territory; or\n    (b) a part of a Department of a State or Territory; or\n    (c) an authority of a State or Territory; or\n    (d) a part of an authority of a State or Territory; or\n    (e) a body corporate.\n\n#### 6 Crown to be bound\n\n  This Act binds the Crown in each of its capacities.\n\n#### 7 Extension to external Territories\n\n  This Act extends to every external Territory.\n\n## Part 2—Australian Organ and Tissue Donation and Transplantation Authority\n\n#### 8 Establishment of the Australian Organ and Tissue Donation and Transplantation Authority\n\n  (1) The Australian Organ and Tissue Donation and Transplantation Authority is established by this section.\n\n> Note: In this Act, Authority means the Australian Organ and Tissue Donation and Transplantation Authority—see section 4.\n\n  (2) The Authority may also be known by a name specified in the regulations.\n  (3) The Authority consists of:\n    (aa) the CEO; and\n    (b) the staff of the Authority.\n\n> Note: The Authority does not have a legal identity separate from the Commonwealth.\n\n  (4) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the following combination of bodies is a listed entity:\n    (i) the Authority;\n    (ii) the Advisory Board; and\n    (aa) the listed entity is to be known as the Australian Organ and Tissue Donation and Transplantation Authority; and\n    (b) the CEO is the accountable authority of the Authority; and\n    (c) the following persons are officials of the Authority:\n    (i) the CEO;\n    (ii) the Advisory Board members;\n    (iii) the staff of the Authority;\n    (iv) consultants engaged under section 26;\n    (v) persons whose services are made available to the Authority under section 27;\n    (vi) an expert advisory committee member; and\n    (d) the purposes of the Authority include:\n    (i) the functions of the Authority referred to in section 11; and\n    (ii) the functions of the CEO referred to in section 14B; and\n    (iii) the functions of the Advisory Board referred to in section 29; and\n    (iv) the functions of an expert advisory committee referred to in section 45.\n\n#### 11 Functions of the Authority\n\n  (1) The functions of the Authority are:\n    (a) to formulate, in writing, policies and protocols relating to organ or tissue donation and transplantation matters; and\n    (b) to declare, in writing, standards and codes of practice relating to organ or tissue donation and transplantation matters; and\n    (c) to support and encourage the implementation of:\n    (i) policies and protocols formulated under paragraph (a); and\n    (ii) standards and codes of practice declared under paragraph (b); and\n    (d) to collect, analyse, interpret and disseminate information relating to organ or tissue donation and transplantation matters; and\n    (e) to support, encourage, conduct and evaluate training programs that are directed towards improving the skills and knowledge of people involved in organ or tissue donation and transplantation services; and\n    (f) to support, encourage, conduct and evaluate educational, promotional and community awareness programs that are relevant to organ or tissue donation and transplantation matters; and\n    (g) to make, on behalf of the Commonwealth, grants of financial assistance in relation to organ or tissue donation and transplantation matters; and\n    (h) to support, encourage, conduct and evaluate research about organ or tissue donation and transplantation matters; and\n    (i) to publish (whether on the internet or otherwise) reports and papers relating to organ or tissue donation and transplantation matters; and\n    (j) to advise the Minister about organ or tissue donation and transplantation matters; and\n    (k) to consult and co‑operate with other persons, organisations and governments on organ or tissue donation and transplantation matters; and\n    (l) such other functions as are conferred on the Authority by this Act or any other law; and\n    (m) such other functions (if any) as are specified in a written instrument given by the Minister to the Authority; and\n    (n) to do anything incidental to or conducive to the performance of any of the above functions.\n\n> Note 1: See also section 57 (compliance with policies, protocols, standards and codes is voluntary).\n\n> Note 2: See also section 58 (protection of patient confidentiality).\n\n> Note 3: See also sections 54 to 56 (terms and conditions of grants).\n\n> Note 4: For variation and revocation of instruments made under paragraph (a), (b) or (m), see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  Constitutional limits\n  (2) The Authority may perform its functions only:\n    (a) with respect to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; or\n    (b) with respect to the executive power of the Commonwealth; or\n    (c) with respect to statistics; or\n    (d) with respect to, or in, a Territory; or\n    (e) with respect to, or in, a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or\n    (f) with respect to trade and commerce:\n    (i) between Australia and places outside Australia; or\n    (ii) among the States; or\n    (iii) within a Territory, between a State and a Territory or between 2 Territories; or\n    (g) with respect to the granting of financial assistance to a constitutional corporation for the purposes of carrying out the corporation’s activities; or\n    (h) with respect to the provision of medical services; or\n    (i) with respect to a postal, telegraphic, telephonic or other like service; or\n    (j) with respect to the provision of a service to:\n    (i) the Commonwealth; or\n    (ii) an authority of the Commonwealth;\n    for a purpose of the Commonwealth; or\n    (k) with respect to the implied power of the Parliament to make laws with respect to nationhood; or\n    (l) with respect to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.\n  (2A) A term used in subsection (2) and the Constitution has the same meaning in that subsection as it has in the Constitution.\n  Legislative instruments\n  (3) A policy or protocol formulated under paragraph (1)(a) is not a legislative instrument.\n  (4) A standard or code of practice declared under paragraph (1)(b) is not a legislative instrument.\n  (5) A declaration made under paragraph (1)(b) is not a legislative instrument.\n  (6) An instrument made under paragraph (1)(m) is not a legislative instrument.\n\n#### 12 Authority must have regard to certain objectives etc.\n\n  In performing the Authority’s functions under this Act, the Authority must have regard to:\n    (a) the following objectives:\n    (i) promoting a co‑ordinated and consistent approach to organ or tissue donation and transplantation matters;\n    (ii) improving access to organ or tissue donation and transplantation services;\n    (iii) improving the identification of potential organ or tissue donors;\n    (iv) minimising waiting times for potential organ or tissue recipients;\n    (v) improving the management of waiting lists for potential organ or tissue recipients;\n    (vi) improving the management of the allocation of donated organs or tissue;\n    (vii) improving support services for organ or tissue donors and their partners and families;\n    (viii) improving the skills and knowledge of people involved in providing organ or tissue donation and transplantation services;\n    (ix) improving public knowledge about, and public confidence in, organ or tissue donation and transplantation services; and\n    (b) international best practice; and\n    (c) safety; and\n    (d) effectiveness; and\n    (e) privacy; and\n    (f) equity; and\n    (g) transparency; and\n    (h) such other matters (if any) as the Authority considers relevant.\n\n#### 13 Minister may give directions to the Authority\n\n  (1) The Minister may, by legislative instrument, give written directions to the Authority about the performance of the Authority’s functions.\n\n> Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n  (2) A direction under subsection (1) must be of a general nature only.\n  (3) The Authority must comply with a direction under subsection (1).\n\n## Part 3—Chief Executive Officer and staff etc.\n\n### Division 1—Chief Executive Officer\n\n#### 14A CEO\n\n  There is to be a Chief Executive Officer of the Authority.\n\n#### 14B Functions of the CEO\n\n  (1) The functions of the CEO are:\n    (a) to determine objectives, strategies and policies to be followed by the Authority in the performance of its functions; and\n    (b) to ensure the proper, efficient and effective performance of the Authority’s functions; and\n    (c) to manage the administration of the Authority; and\n    (d) such other functions as are conferred on the CEO by this Act or any other law; and\n    (e) to do anything incidental or conducive to the performance of any of the above functions.\n  (2) The CEO has power to do all things necessary or convenient to be done for, or in connection with, the performance of the CEO’s functions.\n\n#### 14 Appointment of the CEO\n\n  (1) The CEO is to be appointed by the Minister by written instrument.\n  (2) The CEO holds office on a full‑time basis.\n\n#### 15 Period of appointment for the CEO\n\n  The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 16 Acting appointments\n\n  The Minister may appoint a person to act as the CEO:\n    (a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n### Division 3—Terms and conditions for the CEO\n\n#### 17 Remuneration and allowances\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18 Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n#### 19 Resignation\n\n  (1) The CEO may resign his or her appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 20 Outside employment\n\n  The CEO must not engage in paid employment outside the duties of his or her office without the Minister’s approval.\n\n#### 22 Termination of appointment\n\n  (1) The Minister may terminate the appointment of the CEO:\n    (a) for misbehaviour; or\n    (b) if the CEO is unable to perform the duties of the CEO’s office because of physical or mental incapacity.\n  (2) The Minister may terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Minister’s approval, in paid work outside the duties of his or her office; or\n    (d) the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n#### 23 Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n### Division 5—Staff etc.\n\n#### 25 Staff\n\n  (1) The staff of the Authority are to be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the Authority staff together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n\n#### 26 Consultants\n\n  (1) The CEO may, on behalf of the Commonwealth, engage persons having suitable qualifications and experience as consultants to assist in the performance of the Authority’s functions.\n  (2) The consultants are to be engaged on the terms and conditions that the CEO determines in writing.\n\n#### 27 Persons assisting the Authority\n\n  The Authority may also be assisted:\n    (a) by officers and employees of Agencies (within the meaning of the Public Service Act 1999); or\n    (b) by officers and employees of authorities of the Commonwealth; or\n    (c) by officers and employees of a State or Territory; or\n    (d) by officers and employees of authorities of a State or Territory;\n  whose services are made available to the Authority in connection with the performance of any of the Authority’s functions.\n\n## Part 4—Australian Organ and Tissue Donation and Transplantation Advisory Board\n\n### Division 1—Establishment and functions of the Advisory Board\n\n#### 28 Establishment of the Advisory Board\n\n  The Australian Organ and Tissue Donation and Transplantation Advisory Board is established by this section.\n\n#### 29 Functions of the Advisory Board\n\n  (1) The functions of the Advisory Board are:\n    (a) to advise the CEO, either on its own initiative or at the request of the CEO, about the following matters:\n    (i) the objectives, strategies and policies to be followed by the Authority in the performance of its functions;\n    (ii) the performance of the Authority’s functions;\n    (iii) organ or tissue donation and transplantation matters; and\n    (b) to provide strategic advice to the Minister about the performance of the Authority’s functions if requested to do so by the Minister; and\n    (c) to do anything incidental or conducive to the performance of any of the above functions.\n  (2) The Advisory Board has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.\n\n### Division 2—Members of the Advisory Board\n\n#### 30 Membership\n\n  The Advisory Board consists of:\n    (a) the Chair; and\n    (b) the Deputy Chair; and\n    (c) at least 3, but not more than 5, other members.\n\n#### 31 Appointment of Advisory Board members\n\n  (1) Subject to this section, the Advisory Board members are to be appointed by the Minister by written instrument, on a part‑time basis.\n\n> Note: An Advisory Board member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n  Eligibility for appointment\n  (2) A person is not eligible for appointment as an Advisory Board member unless the Minister is satisfied that the person has experience in, or knowledge of, at least one of the following fields:\n    (a) public or health leadership or administration;\n    (b) clinical expertise in organ or tissue donation and transplantation;\n    (c) business management;\n    (d) community leadership and engagement in relation to organ or tissue donation and transplantation matters;\n    (e) promotion of organ or tissue donation and transplantation matters;\n    (f) health consumer advocacy;\n    (g) any other field that the Minister considers appropriate.\n  Mix of Advisory Board members\n  (3) In appointing the Advisory Board members, the Minister must ensure, to the extent practicable, that those Advisory Board members are an appropriate mix of persons meeting the requirements of subsection (2).\n  Consultation\n  (4) Before the Minister appoints a person as an Advisory Board member (other than the Chair), the Minister must consult:\n    (a) the Minister of each State who is responsible, or principally responsible, for the administration of matters relating to health in the State; and\n    (b) the Minister of the Northern Territory who is responsible, or principally responsible, for the administration of matters relating to health in that Territory; and\n    (c) the Minister of the Australian Capital Territory who is responsible, or principally responsible, for the administration of matters relating to health in that Territory; and\n    (d) such other persons (if any) as the Minister considers appropriate.\n\n#### 32 Term of appointment\n\n  An Advisory Board member holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.\n\n#### 33 Acting appointment\n\n  Acting as the Chair\n  (1) The Minister may, by written instrument, appoint an Advisory Board member to act as the Chair:\n    (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n  Acting as an appointed Board member (other than the Chair)\n  (2) The Minister may, by written instrument, appoint a person to act as an Advisory Board member (other than the Chair):\n    (a) during a vacancy in the office of an Advisory Board member (other than the Chair), whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when an Advisory Board member (other than the Chair):\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n  (3) A person is not eligible for appointment under subsection (2) unless the Minister is satisfied that the person meets the requirements of subsection 31(2).\n\n#### 34 Remuneration\n\n  (1) An Advisory Board member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Advisory Board member is to be paid the remuneration that is prescribed by the regulations.\n  (2) An Advisory Board member is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 35 Leave of absence\n\n  (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n  (2) The Chair may grant leave of absence to any other Advisory Board member on the terms and conditions that the Chair determines.\n  (3) The Chair must notify the Minister if the Chair grants an Advisory Board member leave of absence for a period that exceeds 3 months.\n\n#### 36 Other terms and conditions\n\n  An Advisory Board member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 37 Resignation\n\n  (1) An Advisory Board member may resign the member’s appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 38 Termination of appointment\n\n  (1) The Minister may terminate the appointment of an Advisory Board member:\n    (a) for misbehaviour; or\n    (b) if the Advisory Board member is unable to perform the duties of that member’s office because of physical or mental incapacity.\n  (2) The Minister may terminate the appointment of an Advisory Board member if:\n    (a) the Advisory Board member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with that member’s creditors; or\n    (iv) makes an assignment of that member’s remuneration for the benefit of that member’s creditors; or\n    (b) the Advisory Board member is absent, except on leave of absence, from 3 consecutive meetings of the Advisory Board; or\n    (c) the Advisory Board member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n### Division 3—Meetings of the Advisory Board\n\n#### 39 Convening meetings\n\n  (1) The Advisory Board must hold such meetings as are necessary for the efficient performance of its functions.\n  (2) The Chair must convene at least 4 meetings of the Advisory Board each financial year.\n\n#### 40 Presiding at meetings\n\n  (1) The Chair must preside at all meetings of the Advisory Board at which the Chair is present.\n  (2) If the Chair is not present at a meeting of the Advisory Board:\n    (a) the Deputy Chair is to preside; or\n    (b) if the Deputy Chair is not present—the other Advisory Board members present must appoint one of themselves to preside.\n\n#### 41 Conduct of meetings\n\n  The Advisory Board may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.\n\n#### 42 Minutes\n\n  The Advisory Board must keep minutes of its meetings.\n\n## Part 5—Expert advisory committees\n\n#### 44 Establishment of expert advisory committees\n\n  (1) The CEO may, by writing, establish committees, to be known as expert advisory committees.\n\n> Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  (2) An instrument made under subsection (1) is not a legislative instrument.\n\n#### 45 Function of expert advisory committees\n\n  An expert advisory committee has the function of advising the CEO about organ or tissue donation and transplantation matters referred to it by the CEO.\n\n#### 46 Appointment of expert advisory committee members etc.\n\n  (1) Each expert advisory committee member is to be appointed by the CEO by written instrument.\n  (2) An expert advisory committee member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n\n> Note: An expert advisory committee member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n  (3) An expert advisory committee member holds office on a part‑time basis.\n  (4) The CEO may terminate the appointment of an expert advisory committee member.\n\n#### 47 Procedures of expert advisory committees\n\n  (1) The CEO may give an expert advisory committee written directions about:\n    (a) the way in which the committee is to carry out its function; and\n    (b) procedures to be followed in relation to meetings.\n\n> Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  (2) A direction given under subsection (1) is not a legislative instrument.\n\n#### 48 Remuneration and allowances\n\n  (1) An expert advisory committee member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.\n  (2) However, an expert advisory committee member is not entitled to be paid remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:\n    (a) a State; or\n    (b) a corporation (a public statutory corporation) that:\n    (i) is established for a public purpose by a law of a State; and\n    (ii) is not a tertiary education institution; or\n    (c) a company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by a State; or\n    (d) a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation.\n\n> Note: A similar rule applies to an expert advisory committee member who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973.\n\n  (3) An expert advisory committee member is to be paid the allowances that are prescribed by the regulations.\n  (4) This section (other than subsection (2)) has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 49 Leave of absence\n\n  The CEO may grant leave of absence to an expert advisory committee member on the terms and conditions that the CEO determines.\n\n#### 50 Resignation\n\n  (1) An expert advisory committee member may resign his or her appointment by giving the CEO a written resignation.\n  (2) The resignation takes effect on the day it is received by the CEO or, if a later day is specified in the resignation, on that later day.\n\n#### 51 Disclosure of interests to the CEO\n\n  (1) A disclosure by an expert advisory committee member under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the CEO.\n  (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n  (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the expert advisory committee member is taken not to have complied with section 29 of that Act if the member does not comply with subsection (1) of this section.\n  (4) The CEO may terminate the appointment of an expert advisory committee member if the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013, or the rules made for the purposes of that section.\n  (5) Subsection (4) does not limit subsection 46(4).\n\n#### 53 Other terms and conditions\n\n  An expert advisory committee member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the CEO.\n\n## Part 6—Grants\n\n#### 54 Grant to a State\n\n  Scope\n  (1) This section applies to a grant of financial assistance to a State if:\n    (a) the grant is made by the Authority on behalf of the Commonwealth; and\n    (b) the grant relates to one or more organ or tissue donation and transplantation matters.\n\n> Note: See paragraph 11(1)(g) (grants of financial assistance).\n\n  Terms and conditions\n  (2) The terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the State.\n  (3) An agreement under subsection (2) may be entered into by the Authority on behalf of the Commonwealth.\n  (4) A term or condition set out in an agreement under subsection (2) may require compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b).\n\n#### 55 Grant to a Territory\n\n  Scope\n  (1) This section applies to a grant of financial assistance to a Territory if:\n    (a) the grant is made by the Authority on behalf of the Commonwealth; and\n    (b) the grant relates to one or more organ or tissue donation and transplantation matters.\n\n> Note: See paragraph 11(1)(g) (grants of financial assistance).\n\n  Terms and conditions\n  (2) The terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the Territory.\n  (3) An agreement under subsection (2) may be entered into by the Authority on behalf of the Commonwealth.\n  (4) A term or condition set out in an agreement under subsection (2) may require compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b).\n\n#### 56 Grant to a person other than a State or Territory\n\n  Scope\n  (1) This section applies to a grant of financial assistance to a person other than a State or Territory if:\n    (a) the grant is made by the Authority on behalf of the Commonwealth; and\n    (b) the grant relates to one or more organ or tissue donation and transplantation matters.\n\n> Note: See paragraph 11(1)(g) (grants of financial assistance).\n\n  Terms and conditions\n  (2) The terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the person.\n  (2A) If the grant of financial assistance is made to a constitutional corporation, the corporation must comply with the terms and conditions.\n  (3) An agreement under subsection (2) may be entered into by the Authority on behalf of the Commonwealth.\n  (4) A term or condition set out in an agreement under subsection (2) may require compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b).\n\n## Part 7—Miscellaneous\n\n#### 57 Compliance with policies, protocols, standards and codes\n\n  (1) Compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b);\n  is voluntary.\n  (2) Subsection (1) does not prevent compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b);\n  from being a term or condition of:\n    (c) a grant of financial assistance; or\n    (d) a contract or other legally enforceable agreement.\n  (3) Subsection (1) does not prevent:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b);\n  from being applied or adopted by or under:\n    (c) a law of a State or Territory; or\n    (d) a law of the Commonwealth other than this Act.\n\n#### 58 Protection of patient confidentiality—Authority and CEO\n\n  (1A) In the performance of the Authority’s functions, the Authority must not publish or disseminate information that is likely to enable the identification of a particular organ or tissue donor or recipient.\n  (1) In the performance of the CEO’s functions, the CEO must not publish or disseminate information that is likely to enable the identification of a particular organ or tissue donor or recipient.\n  (2) Subsections (1A) and (1) do not apply if the publication or dissemination of the information takes place with the consent of:\n    (a) if the organ or tissue donor or recipient is aged at least 18 years—the organ or tissue donor or recipient; or\n    (ab) if the organ or tissue donor or recipient is under 16 years of age—a parent or legal guardian of the organ or tissue donor or recipient; or\n    (ac) if the organ or tissue donor or recipient:\n    (i) is 16 or 17 years of age; and\n    (ii) has legal capacity to consent to the publication or dissemination of the information;\n    the organ or tissue donor or recipient; or\n    (ad) if the organ or tissue donor or recipient:\n    (i) is 16 or 17 years of age; and\n    (ii) does not have legal capacity to consent to the publication or dissemination of the information;\n    a parent or legal guardian of the organ or tissue donor or recipient; or\n    (b) if the organ or tissue donor or recipient has died but is survived by one or more authorised family members—any of those authorised family members; or\n    (c) in any other case—an individual who, under the regulations, is authorised to give consent to the publication or dissemination of the information.\n  (3) Subsection (2) does not permit the publication or dissemination by the Authority or the CEO of information that reveals that an organ and/or tissue was:\n    (a) removed from the body of a particular organ or tissue donor; and\n    (b) transplanted to the body of a particular organ or tissue recipient.\n  (4) To avoid doubt, if the publication or dissemination by the Authority or the CEO of particular information is permitted by subsection (2), a law of a State or Territory does not prevent the publication or dissemination by the Authority or the CEO of the information.\n\n#### 58A Publication, dissemination or disclosure of patient information—DonateLife Agencies, grant recipients and authorised family members\n\n  Scope\n  (1) This section applies if:\n    (a) an organ or tissue donation and transplantation has occurred; and\n    (b) the organ or tissue donor or recipient has died.\n  Publication, dissemination or disclosure by a DonateLife Agency or grant recipient\n  (2) Either of the following:\n    (a) a DonateLife Agency;\n    (b) a person who is a party to an agreement that:\n    (i) is in force; and\n    (ii) provides for the making of one or more grants under paragraph 11(1)(g) to the person;\n  may publish, disseminate or disclose information that is likely to enable the identification of the deceased organ or tissue donor or the deceased organ or tissue recipient (as the case requires) if:\n    (c) the publication, dissemination or disclosure is for the purposes of any of the following activities:\n    (i) an educational activity that is relevant to an organ or tissue donation and transplantation matter;\n    (ii) a commemorative activity that is an organ or tissue donation and transplantation matter;\n    (iii) a promotional activity that is relevant to an organ or tissue donation and transplantation matter;\n    (iv) a community awareness activity that is relevant to an organ or tissue donation and transplantation matter; and\n    (d) the publication, dissemination or disclosure is made with the consent of an authorised family member of the deceased organ or tissue donor or recipient; and\n    (e) the publication, dissemination or disclosure is made:\n    (i) using a service to which paragraph 51(v) of the Constitution applies; or\n    (ii) using an electronic service (within the meaning of the Online Safety Act 2021); or\n    (iii) in a Territory; or\n    (iv) in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or\n    (v) by a constitutional corporation.\n  Publication, dissemination or disclosure by an authorised family member\n  (3) An authorised family member of the deceased organ or tissue donor or recipient may publish, disseminate or disclose information that is likely to enable the identification of the deceased organ or tissue donor or the deceased organ or tissue recipient (as the case requires) if:\n    (a) the publication, dissemination or disclosure is for the purposes of any of the following activities of the Authority or a DonateLife Agency:\n    (i) an educational activity that is relevant to an organ or tissue donation and transplantation matter;\n    (ii) a commemorative activity that is an organ or tissue donation and transplantation matter;\n    (iii) a promotional activity that is relevant to an organ or tissue donation and transplantation matter;\n    (iv) a community awareness activity that is relevant to an organ or tissue donation and transplantation matter; and\n    (b) the publication, dissemination or disclosure is made:\n    (i) using a service to which paragraph 51(v) of the Constitution applies; or\n    (ii) using an electronic service (within the meaning of the Online Safety Act 2021); or\n    (iii) in a Territory; or\n    (iv) in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970).\n  (4) Subsections (2) and (3) have effect despite anything in a law of a State or Territory.\n  Secondary publication, dissemination or disclosure\n  (5) If information has been the subject of a publication, dissemination or disclosure under subsection (2) or (3), a person may publish, disseminate or disclose that information if:\n    (a) the publication, dissemination or disclosure is for the purposes of reporting on any of the following activities:\n    (i) an educational activity that is relevant to an organ or tissue donation and transplantation matter;\n    (ii) a commemorative activity that is an organ or tissue donation and transplantation matter;\n    (iii) a promotional activity that is relevant to an organ or tissue donation and transplantation matter;\n    (iv) a community awareness activity that is relevant to an organ or tissue donation and transplantation matter; and\n    (b) the publication, dissemination or disclosure is made:\n    (i) using a service to which paragraph 51(v) of the Constitution applies; or\n    (ii) using an electronic service (within the meaning of the Online Safety Act 2021); or\n    (iii) in a Territory; or\n    (iv) in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970).\n  (6) Subsection (5) has effect despite anything in a law of a State or Territory.\n\n#### 59 Concurrent operation of State and Territory laws etc.\n\n  (1) This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n  (2) This Act does not affect the operation of:\n    (a) a law of a State or Territory; or\n    (b) a rule of common law;\n  to the extent that the law or rule requires the giving of consent to the removal of an organ or tissue from the body of an individual (whether living or deceased).\n  (3) Subsection (2) does not limit subsection (1).\n\n#### 60 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted to be prescribed by this Act; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":41},{"sectionNumber":"30","sectionType":"section","heading":"Membership","content":"#### 30 Membership\n\n  The Advisory Board consists of:\n    (a) the Chair; and\n    (b) the Deputy Chair; and\n    (c) at least 3, but not more than 5, other members.","sortOrder":42},{"sectionNumber":"31","sectionType":"section","heading":"Appointment of Advisory Board members","content":"#### 31 Appointment of Advisory Board members\n\n  (1) Subject to this section, the Advisory Board members are to be appointed by the Minister by written instrument, on a part‑time basis.\n\n> Note: An Advisory Board member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n  Eligibility for appointment\n  (2) A person is not eligible for appointment as an Advisory Board member unless the Minister is satisfied that the person has experience in, or knowledge of, at least one of the following fields:\n    (a) public or health leadership or administration;\n    (b) clinical expertise in organ or tissue donation and transplantation;\n    (c) business management;\n    (d) community leadership and engagement in relation to organ or tissue donation and transplantation matters;\n    (e) promotion of organ or tissue donation and transplantation matters;\n    (f) health consumer advocacy;\n    (g) any other field that the Minister considers appropriate.\n  Mix of Advisory Board members\n  (3) In appointing the Advisory Board members, the Minister must ensure, to the extent practicable, that those Advisory Board members are an appropriate mix of persons meeting the requirements of subsection (2).\n  Consultation\n  (4) Before the Minister appoints a person as an Advisory Board member (other than the Chair), the Minister must consult:\n    (a) the Minister of each State who is responsible, or principally responsible, for the administration of matters relating to health in the State; and\n    (b) the Minister of the Northern Territory who is responsible, or principally responsible, for the administration of matters relating to health in that Territory; and\n    (c) the Minister of the Australian Capital Territory who is responsible, or principally responsible, for the administration of matters relating to health in that Territory; and\n    (d) such other persons (if any) as the Minister considers appropriate.","sortOrder":43},{"sectionNumber":"32","sectionType":"section","heading":"Term of appointment","content":"#### 32 Term of appointment\n\n  An Advisory Board member holds office for the period specified in the instrument of appointment. The period must not exceed 4 years.","sortOrder":44},{"sectionNumber":"33","sectionType":"section","heading":"Acting appointment","content":"#### 33 Acting appointment\n\n  Acting as the Chair\n  (1) The Minister may, by written instrument, appoint an Advisory Board member to act as the Chair:\n    (a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n  Acting as an appointed Board member (other than the Chair)\n  (2) The Minister may, by written instrument, appoint a person to act as an Advisory Board member (other than the Chair):\n    (a) during a vacancy in the office of an Advisory Board member (other than the Chair), whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when an Advisory Board member (other than the Chair):\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n  (3) A person is not eligible for appointment under subsection (2) unless the Minister is satisfied that the person meets the requirements of subsection 31(2).","sortOrder":45},{"sectionNumber":"34","sectionType":"section","heading":"Remuneration","content":"#### 34 Remuneration\n\n  (1) An Advisory Board member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Advisory Board member is to be paid the remuneration that is prescribed by the regulations.\n  (2) An Advisory Board member is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":46},{"sectionNumber":"35","sectionType":"section","heading":"Leave of absence","content":"#### 35 Leave of absence\n\n  (1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.\n  (2) The Chair may grant leave of absence to any other Advisory Board member on the terms and conditions that the Chair determines.\n  (3) The Chair must notify the Minister if the Chair grants an Advisory Board member leave of absence for a period that exceeds 3 months.","sortOrder":47},{"sectionNumber":"36","sectionType":"section","heading":"Other terms and conditions","content":"#### 36 Other terms and conditions\n\n  An Advisory Board member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.","sortOrder":48},{"sectionNumber":"37","sectionType":"section","heading":"Resignation","content":"#### 37 Resignation\n\n  (1) An Advisory Board member may resign the member’s appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.","sortOrder":49},{"sectionNumber":"38","sectionType":"section","heading":"Termination of appointment","content":"#### 38 Termination of appointment\n\n  (1) The Minister may terminate the appointment of an Advisory Board member:\n    (a) for misbehaviour; or\n    (b) if the Advisory Board member is unable to perform the duties of that member’s office because of physical or mental incapacity.\n  (2) The Minister may terminate the appointment of an Advisory Board member if:\n    (a) the Advisory Board member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with that member’s creditors; or\n    (iv) makes an assignment of that member’s remuneration for the benefit of that member’s creditors; or\n    (b) the Advisory Board member is absent, except on leave of absence, from 3 consecutive meetings of the Advisory Board; or\n    (c) the Advisory Board member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.","sortOrder":50},{"sectionNumber":"39","sectionType":"section","heading":"Convening meetings","content":"#### 39 Convening meetings\n\n  (1) The Advisory Board must hold such meetings as are necessary for the efficient performance of its functions.\n  (2) The Chair must convene at least 4 meetings of the Advisory Board each financial year.","sortOrder":52},{"sectionNumber":"40","sectionType":"section","heading":"Presiding at meetings","content":"#### 40 Presiding at meetings\n\n  (1) The Chair must preside at all meetings of the Advisory Board at which the Chair is present.\n  (2) If the Chair is not present at a meeting of the Advisory Board:\n    (a) the Deputy Chair is to preside; or\n    (b) if the Deputy Chair is not present—the other Advisory Board members present must appoint one of themselves to preside.","sortOrder":53},{"sectionNumber":"41","sectionType":"section","heading":"Conduct of meetings","content":"#### 41 Conduct of meetings\n\n  The Advisory Board may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.","sortOrder":54},{"sectionNumber":"42","sectionType":"section","heading":"Minutes","content":"#### 42 Minutes\n\n  The Advisory Board must keep minutes of its meetings.","sortOrder":55},{"sectionNumber":"Part 5","sectionType":"part","heading":"Expert advisory committees","content":"## Part 5—Expert advisory committees","sortOrder":56},{"sectionNumber":"44","sectionType":"section","heading":"Establishment of expert advisory committees","content":"#### 44 Establishment of expert advisory committees\n\n  (1) The CEO may, by writing, establish committees, to be known as expert advisory committees.\n\n> Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  (2) An instrument made under subsection (1) is not a legislative instrument.","sortOrder":57},{"sectionNumber":"45","sectionType":"section","heading":"Function of expert advisory committees","content":"#### 45 Function of expert advisory committees\n\n  An expert advisory committee has the function of advising the CEO about organ or tissue donation and transplantation matters referred to it by the CEO.","sortOrder":58},{"sectionNumber":"46","sectionType":"section","heading":"Appointment of expert advisory committee members etc.","content":"#### 46 Appointment of expert advisory committee members etc.\n\n  (1) Each expert advisory committee member is to be appointed by the CEO by written instrument.\n  (2) An expert advisory committee member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.\n\n> Note: An expert advisory committee member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n  (3) An expert advisory committee member holds office on a part‑time basis.\n  (4) The CEO may terminate the appointment of an expert advisory committee member.","sortOrder":59},{"sectionNumber":"47","sectionType":"section","heading":"Procedures of expert advisory committees","content":"#### 47 Procedures of expert advisory committees\n\n  (1) The CEO may give an expert advisory committee written directions about:\n    (a) the way in which the committee is to carry out its function; and\n    (b) procedures to be followed in relation to meetings.\n\n> Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  (2) A direction given under subsection (1) is not a legislative instrument.","sortOrder":60},{"sectionNumber":"48","sectionType":"section","heading":"Remuneration and allowances","content":"#### 48 Remuneration and allowances\n\n  (1) An expert advisory committee member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.\n  (2) However, an expert advisory committee member is not entitled to be paid remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:\n    (a) a State; or\n    (b) a corporation (a public statutory corporation) that:\n    (i) is established for a public purpose by a law of a State; and\n    (ii) is not a tertiary education institution; or\n    (c) a company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by a State; or\n    (d) a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation.\n\n> Note: A similar rule applies to an expert advisory committee member who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973.\n\n  (3) An expert advisory committee member is to be paid the allowances that are prescribed by the regulations.\n  (4) This section (other than subsection (2)) has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":61},{"sectionNumber":"49","sectionType":"section","heading":"Leave of absence","content":"#### 49 Leave of absence\n\n  The CEO may grant leave of absence to an expert advisory committee member on the terms and conditions that the CEO determines.","sortOrder":62},{"sectionNumber":"50","sectionType":"section","heading":"Resignation","content":"#### 50 Resignation\n\n  (1) An expert advisory committee member may resign his or her appointment by giving the CEO a written resignation.\n  (2) The resignation takes effect on the day it is received by the CEO or, if a later day is specified in the resignation, on that later day.","sortOrder":63},{"sectionNumber":"51","sectionType":"section","heading":"Disclosure of interests to the CEO","content":"#### 51 Disclosure of interests to the CEO\n\n  (1) A disclosure by an expert advisory committee member under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the CEO.\n  (2) Subsection (1) applies in addition to any rules made for the purposes of that section.\n  (3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the expert advisory committee member is taken not to have complied with section 29 of that Act if the member does not comply with subsection (1) of this section.\n  (4) The CEO may terminate the appointment of an expert advisory committee member if the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013, or the rules made for the purposes of that section.\n  (5) Subsection (4) does not limit subsection 46(4).","sortOrder":64},{"sectionNumber":"53","sectionType":"section","heading":"Other terms and conditions","content":"#### 53 Other terms and conditions\n\n  An expert advisory committee member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the CEO.","sortOrder":65},{"sectionNumber":"Part 6","sectionType":"part","heading":"Grants","content":"## Part 6—Grants","sortOrder":66},{"sectionNumber":"54","sectionType":"section","heading":"Grant to a State","content":"#### 54 Grant to a State\n\n  Scope\n  (1) This section applies to a grant of financial assistance to a State if:\n    (a) the grant is made by the Authority on behalf of the Commonwealth; and\n    (b) the grant relates to one or more organ or tissue donation and transplantation matters.\n\n> Note: See paragraph 11(1)(g) (grants of financial assistance).\n\n  Terms and conditions\n  (2) The terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the State.\n  (3) An agreement under subsection (2) may be entered into by the Authority on behalf of the Commonwealth.\n  (4) A term or condition set out in an agreement under subsection (2) may require compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b).","sortOrder":67},{"sectionNumber":"55","sectionType":"section","heading":"Grant to a Territory","content":"#### 55 Grant to a Territory\n\n  Scope\n  (1) This section applies to a grant of financial assistance to a Territory if:\n    (a) the grant is made by the Authority on behalf of the Commonwealth; and\n    (b) the grant relates to one or more organ or tissue donation and transplantation matters.\n\n> Note: See paragraph 11(1)(g) (grants of financial assistance).\n\n  Terms and conditions\n  (2) The terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the Territory.\n  (3) An agreement under subsection (2) may be entered into by the Authority on behalf of the Commonwealth.\n  (4) A term or condition set out in an agreement under subsection (2) may require compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b).","sortOrder":68},{"sectionNumber":"56","sectionType":"section","heading":"Grant to a person other than a State or Territory","content":"#### 56 Grant to a person other than a State or Territory\n\n  Scope\n  (1) This section applies to a grant of financial assistance to a person other than a State or Territory if:\n    (a) the grant is made by the Authority on behalf of the Commonwealth; and\n    (b) the grant relates to one or more organ or tissue donation and transplantation matters.\n\n> Note: See paragraph 11(1)(g) (grants of financial assistance).\n\n  Terms and conditions\n  (2) The terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the person.\n  (2A) If the grant of financial assistance is made to a constitutional corporation, the corporation must comply with the terms and conditions.\n  (3) An agreement under subsection (2) may be entered into by the Authority on behalf of the Commonwealth.\n  (4) A term or condition set out in an agreement under subsection (2) may require compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b).","sortOrder":69},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"## Part 7—Miscellaneous","sortOrder":70},{"sectionNumber":"57","sectionType":"section","heading":"Compliance with policies, protocols, standards and codes","content":"#### 57 Compliance with policies, protocols, standards and codes\n\n  (1) Compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b);\n  is voluntary.\n  (2) Subsection (1) does not prevent compliance with:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b);\n  from being a term or condition of:\n    (c) a grant of financial assistance; or\n    (d) a contract or other legally enforceable agreement.\n  (3) Subsection (1) does not prevent:\n    (a) a policy or protocol formulated under paragraph 11(1)(a); or\n    (b) a standard or code of practice declared under paragraph 11(1)(b);\n  from being applied or adopted by or under:\n    (c) a law of a State or Territory; or\n    (d) a law of the Commonwealth other than this Act.","sortOrder":71},{"sectionNumber":"58","sectionType":"section","heading":"Protection of patient confidentiality—Authority and CEO","content":"#### 58 Protection of patient confidentiality—Authority and CEO\n\n  (1A) In the performance of the Authority’s functions, the Authority must not publish or disseminate information that is likely to enable the identification of a particular organ or tissue donor or recipient.\n  (1) In the performance of the CEO’s functions, the CEO must not publish or disseminate information that is likely to enable the identification of a particular organ or tissue donor or recipient.\n  (2) Subsections (1A) and (1) do not apply if the publication or dissemination of the information takes place with the consent of:\n    (a) if the organ or tissue donor or recipient is aged at least 18 years—the organ or tissue donor or recipient; or\n    (ab) if the organ or tissue donor or recipient is under 16 years of age—a parent or legal guardian of the organ or tissue donor or recipient; or\n    (ac) if the organ or tissue donor or recipient:\n    (i) is 16 or 17 years of age; and\n    (ii) has legal capacity to consent to the publication or dissemination of the information;\n    the organ or tissue donor or recipient; or\n    (ad) if the organ or tissue donor or recipient:\n    (i) is 16 or 17 years of age; and\n    (ii) does not have legal capacity to consent to the publication or dissemination of the information;\n    a parent or legal guardian of the organ or tissue donor or recipient; or\n    (b) if the organ or tissue donor or recipient has died but is survived by one or more authorised family members—any of those authorised family members; or\n    (c) in any other case—an individual who, under the regulations, is authorised to give consent to the publication or dissemination of the information.\n  (3) Subsection (2) does not permit the publication or dissemination by the Authority or the CEO of information that reveals that an organ and/or tissue was:\n    (a) removed from the body of a particular organ or tissue donor; and\n    (b) transplanted to the body of a particular organ or tissue recipient.\n  (4) To avoid doubt, if the publication or dissemination by the Authority or the CEO of particular information is permitted by subsection (2), a law of a State or Territory does not prevent the publication or dissemination by the Authority or the CEO of the information.","sortOrder":72},{"sectionNumber":"58A","sectionType":"section","heading":"Publication, dissemination or disclosure of patient information—DonateLife Agencies, grant recipients and authorised family members","content":"#### 58A Publication, dissemination or disclosure of patient information—DonateLife Agencies, grant recipients and authorised family members\n\n  Scope\n  (1) This section applies if:\n    (a) an organ or tissue donation and transplantation has occurred; and\n    (b) the organ or tissue donor or recipient has died.\n  Publication, dissemination or disclosure by a DonateLife Agency or grant recipient\n  (2) Either of the following:\n    (a) a DonateLife Agency;\n    (b) a person who is a party to an agreement that:\n    (i) is in force; and\n    (ii) provides for the making of one or more grants under paragraph 11(1)(g) to the person;\n  may publish, disseminate or disclose information that is likely to enable the identification of the deceased organ or tissue donor or the deceased organ or tissue recipient (as the case requires) if:\n    (c) the publication, dissemination or disclosure is for the purposes of any of the following activities:\n    (i) an educational activity that is relevant to an organ or tissue donation and transplantation matter;\n    (ii) a commemorative activity that is an organ or tissue donation and transplantation matter;\n    (iii) a promotional activity that is relevant to an organ or tissue donation and transplantation matter;\n    (iv) a community awareness activity that is relevant to an organ or tissue donation and transplantation matter; and\n    (d) the publication, dissemination or disclosure is made with the consent of an authorised family member of the deceased organ or tissue donor or recipient; and\n    (e) the publication, dissemination or disclosure is made:\n    (i) using a service to which paragraph 51(v) of the Constitution applies; or\n    (ii) using an electronic service (within the meaning of the Online Safety Act 2021); or\n    (iii) in a Territory; or\n    (iv) in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or\n    (v) by a constitutional corporation.\n  Publication, dissemination or disclosure by an authorised family member\n  (3) An authorised family member of the deceased organ or tissue donor or recipient may publish, disseminate or disclose information that is likely to enable the identification of the deceased organ or tissue donor or the deceased organ or tissue recipient (as the case requires) if:\n    (a) the publication, dissemination or disclosure is for the purposes of any of the following activities of the Authority or a DonateLife Agency:\n    (i) an educational activity that is relevant to an organ or tissue donation and transplantation matter;\n    (ii) a commemorative activity that is an organ or tissue donation and transplantation matter;\n    (iii) a promotional activity that is relevant to an organ or tissue donation and transplantation matter;\n    (iv) a community awareness activity that is relevant to an organ or tissue donation and transplantation matter; and\n    (b) the publication, dissemination or disclosure is made:\n    (i) using a service to which paragraph 51(v) of the Constitution applies; or\n    (ii) using an electronic service (within the meaning of the Online Safety Act 2021); or\n    (iii) in a Territory; or\n    (iv) in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970).\n  (4) Subsections (2) and (3) have effect despite anything in a law of a State or Territory.\n  Secondary publication, dissemination or disclosure\n  (5) If information has been the subject of a publication, dissemination or disclosure under subsection (2) or (3), a person may publish, disseminate or disclose that information if:\n    (a) the publication, dissemination or disclosure is for the purposes of reporting on any of the following activities:\n    (i) an educational activity that is relevant to an organ or tissue donation and transplantation matter;\n    (ii) a commemorative activity that is an organ or tissue donation and transplantation matter;\n    (iii) a promotional activity that is relevant to an organ or tissue donation and transplantation matter;\n    (iv) a community awareness activity that is relevant to an organ or tissue donation and transplantation matter; and\n    (b) the publication, dissemination or disclosure is made:\n    (i) using a service to which paragraph 51(v) of the Constitution applies; or\n    (ii) using an electronic service (within the meaning of the Online Safety Act 2021); or\n    (iii) in a Territory; or\n    (iv) in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970).\n  (6) Subsection (5) has effect despite anything in a law of a State or Territory.","sortOrder":73},{"sectionNumber":"59","sectionType":"section","heading":"Concurrent operation of State and Territory laws etc.","content":"#### 59 Concurrent operation of State and Territory laws etc.\n\n  (1) This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n  (2) This Act does not affect the operation of:\n    (a) a law of a State or Territory; or\n    (b) a rule of common law;\n  to the extent that the law or rule requires the giving of consent to the removal of an organ or tissue from the body of an individual (whether living or deceased).\n  (3) Subsection (2) does not limit subsection (1).","sortOrder":74},{"sectionNumber":"60","sectionType":"section","heading":"Regulations","content":"#### 60 Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n    (a) required or permitted to be prescribed by this Act; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":75}],"analysis":{"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2008 Act focused on establishing the Authority's core governance structure and coordinating donation/transplantation policy. Over time, the scope expanded to include: explicit privacy and consent frameworks (s.58, s.58A) covering age-differentiated consent rules; the DonateLife Agency designation mechanism (s.5F); commemorative activities added as a defined 'matter' (s.4, para (ga)); and secondary publication rights for authorised family members and media under s.58A — suggesting the Act evolved to address operational realities around community engagement, donor family participation, and media coverage that were not prominently addressed at the outset."},"complexity_factors":["Multiple interlocking bodies (Authority, Advisory Board, expert advisory committees, DonateLife Agencies) with distinct but overlapping roles","Extensive constitutional 'heads of power' provisions (s.11(2)) listing 12 separate constitutional bases — reflecting the Commonwealth's limited direct power over health","Detailed family relationship definitions (partner, child, sibling, stepchild, parent) referencing external legislation like the Family Law Act 1975","Nuanced privacy/consent framework with age-tiered consent rules (under 16, 16-17 with/without capacity, 18+) and post-death authorised family member hierarchy","Voluntary compliance regime for policies/standards, with carve-outs allowing them to become binding via grants or other laws — creating a two-track enforcement system","Section 58A creates a complex secondary publication/dissemination regime with multiple constitutional hooks (Online Safety Act, Commonwealth places, constitutional corporations)","Intergovernmental consultation requirements that vary by jurisdiction (states vs NT vs ACT treated separately)","Explicit exclusion of sunsetting and disallowance for ministerial directions — an unusual feature requiring familiarity with the Legislation Act 2003"],"plain_english_summary":"The Act creates a national DonateLife Authority to coordinate and improve organ and tissue donation and transplantation across Australia, led by a CEO with an expert advisory board. It can set voluntary policies and standards, collect and publish data, fund training, awareness and research, and award conditional grants while coordinating with state DonateLife agencies. Strong privacy protections and broad family-consent recognition (including Indigenous kinship rules) apply. It does not change state-based consent laws."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"5C","severity":"medium","reasoning":"Section 5C states 'a person (the first person) is a parent of another person if the other person is the first person's child.' This is logically circular: parenthood is defined by having a child, and s5B defines 'child' partly by reference to ordinary meaning and the Family Law Act. The s5C definition adds nothing independently — it simply says P is a parent of C if C is P's child, which is a tautology. The 'without limiting' qualifier acknowledges there must be a pre-existing meaning but the section itself provides zero additional content, merely restating the inverse of 'child'.","confidence":0.82,"description":"Circular definition of 'parent': a person is a parent of another person if the other person is the first person's child. Combined with s5B which defines 'child' by reference to the Family Law Act 1975, the definition of 'parent' is entirely derivative and self-referential — parent means someone whose child is their child."},{"type":"circular_definition","section":"5E","severity":"high","reasoning":"Section 5E defines stepchild by saying the first person is a stepchild of the second person if the first person 'would be the second person's stepchild except that the second person is not legally married to the second person's de facto partner.' To determine whether A is B's stepchild under this extended definition, you must first determine whether A would be B's stepchild under the ordinary meaning — but the section never provides that ordinary meaning. It only extends an existing concept without ever defining the base case. The phrase 'the second person is not legally married to the second person's de facto partner' is also logically peculiar: a de facto partner is by definition not a legal spouse, so the condition 'not legally married to their de facto partner' is a near-tautology (since being legally married would convert them from a de facto partner to a spouse under most legal frameworks).","confidence":0.88,"description":"The definition of 'stepchild' is self-referential and logically incoherent: a person is a stepchild of another person if they 'would be' that person's stepchild except for a specific circumstance. The definition presupposes the very concept it is attempting to define."},{"type":"other","section":"11(3), 11(4), 11(5)","severity":"low","reasoning":"The act of declaring a standard or code of practice IS the declaration — s11(4) and s11(5) are substantively identical in scope, both addressing instruments/declarations made under s11(1)(b). This creates interpretive confusion about whether Parliament intended them to cover different things, and if so, what distinction was intended. At best it is redundant drafting; at worst it suggests a possible gap or error where a different provision was intended for one of them.","confidence":0.75,"description":"Redundant triple declaration that instruments under s11(1)(b) are not legislative instruments: subsections (4) and (5) both address instruments made under paragraph (1)(b) — subsection (4) says a standard or code declared under (1)(b) is not a legislative instrument, and subsection (5) says 'a declaration made under paragraph (1)(b) is not a legislative instrument.' These are the same thing stated twice."},{"type":"self_contradicting","section":"57(1) read with 54(4), 55(4), 56(4)","severity":"medium","reasoning":"The Act asserts voluntariness as a core principle (s57(1)) while simultaneously creating a mechanism (grant conditions under ss54-56) by which the Commonwealth can make compliance practically mandatory for any State, Territory or organisation receiving grants. For hospital systems heavily dependent on Commonwealth health funding, 'voluntary' compliance becomes economically coerced compliance. While s57(2) technically acknowledges the grant-condition carve-out, the juxtaposition of the 'voluntary' label with these mandatory-in-practice mechanisms is internally contradictory in effect.","confidence":0.78,"description":"Section 57(1) declares that compliance with policies, protocols, standards and codes is 'voluntary', yet sections 54(4), 55(4) and 56(4) expressly permit grant conditions to require compliance with those same instruments. The 'voluntary' characterisation is misleading to the point of absurdity for entities that depend on Commonwealth grants, for whom compliance is effectively mandatory as a condition of funding."},{"type":"impossible_compliance","section":"5A(2)","severity":"medium","reasoning":"Section 5A(2) provides that where multiple persons qualify as 'partner', only the last to qualify is recognised. In the context of this Act — which deals with deceased donors/recipients — this rule must be applied retrospectively, often without the deceased's input. Determining who 'last qualified' as partner requires establishing when each qualifying relationship began, which may be genuinely unknowable. Furthermore, in cases where a marriage and de facto relationship commence simultaneously (e.g., marriage after years of de facto cohabitation), the temporal sequencing is impossible. This creates an impossible compliance burden on those administering the Act.","confidence":0.72,"description":"The 'last to qualify' rule for determining a single partner is practically unworkable and produces absurd results. If a person is simultaneously legally married to one person and in a de facto relationship with another, determining who 'last qualified' as a partner requires ascertaining a precise temporal sequence of relationship commencement that may be impossible to establish, particularly relevant in the post-mortem context where this definition operates."},{"type":"impossible_compliance","section":"58(2)(a) read with 58(2)(b)","severity":"high","reasoning":"Section 58(2)(a) states that consent may be given by 'the organ or tissue donor or recipient' if aged at least 18. Section 58(1A) applies to the Authority's functions generally, including in relation to deceased donors. The section heading of s5 confirms 'authorised family member' applies to donors/recipients 'who has died.' If a deceased adult donor's information is to be published, paragraph (a) technically requires their consent — an impossibility. While paragraph (b) covers deceased persons survived by authorised family members, there is no explicit exclusion of deceased persons from (a), creating a drafting absurdity where a dead person must consent before their family can consent under (b).","confidence":0.8,"description":"The consent framework for publication of identifying information creates a logical gap: if a donor/recipient is aged 18 or over AND has died, paragraph (a) requires consent from the donor/recipient themselves — which is impossible since they are dead. The deceased cohort is then handled by paragraph (b), but the drafting of (a) does not exclude deceased persons, creating an impossible compliance condition for the most common scenario this Act addresses."},{"type":"self_contradicting","section":"8(4)(a) and 8(3)","severity":"medium","reasoning":"The Act defines 'Authority' (s4, s8(3)) as comprising the CEO and staff. The Advisory Board is separately established (s28). However, s8(4)(a) creates a combined listed entity comprising both the Authority and the Advisory Board, and s8(4)(aa) names this combined entity 'the Australian Organ and Tissue Donation and Transplantation Authority' — identical to the Authority's own name. This means the same name refers to two different legal constructs depending on context (finance law vs. the Act generally), which is a source of genuine interpretive confusion and potential legal error.","confidence":0.77,"description":"The listed entity for finance law purposes (s8(4)(a)) combines the Authority AND the Advisory Board, and is named the 'Australian Organ and Tissue Donation and Transplantation Authority' — the same name as the Authority itself (s8(4)(aa)). Yet s8(3) defines the Authority as consisting only of the CEO and staff, explicitly excluding the Advisory Board. This creates a naming and identity confusion where the 'Authority' as a listed entity is broader than the 'Authority' as defined in the Act."},{"type":"other","section":"4 (definition of 'improving')","severity":"low","reasoning":"Throughout s12, the Act requires the Authority to have regard to objectives framed as 'improving' various outcomes (e.g., 'improving access', 'improving the identification of potential donors'). By deeming that 'improving includes maintaining', the Act allows the Authority to satisfy an 'improvement' objective by merely maintaining the status quo. This renders the improvement objectives largely toothless and is logically contradictory to the plain meaning of 'improve' (to make or become better). While this is a known legislative drafting technique to prevent an authority from being found non-compliant during stable periods, the logical contradiction with ordinary language is real.","confidence":0.7,"description":"The definition 'improving includes maintaining' is semantically absurd. Maintaining a status quo is the antithesis of improvement. This definition forces a meaning onto 'improving' throughout the Act that directly contradicts its ordinary English meaning."}],"contradictions":[{"severity":"high","section_a":"57(1)","section_b":"56(2A)","confidence":0.85,"description":"Section 57(1) declares compliance with policies, protocols, standards and codes is 'voluntary'. Section 56(2A) mandates that if a grant is made to a constitutional corporation, 'the corporation must comply with the terms and conditions' — which under s56(4) may include compliance with those same policies and standards. This creates a direct contradiction: compliance is simultaneously voluntary (s57(1)) and legally mandatory (s56(2A)) for constitutional corporations receiving grants."},{"severity":"medium","section_a":"14B(1)(a)","section_b":"11(1)(a)","confidence":0.73,"description":"Section 14B(1)(a) gives the CEO the function of 'determining objectives, strategies and policies to be followed by the Authority'. Section 11(1)(a) gives the Authority (which includes the CEO per s8(3)) the function of 'formulating policies'. This creates overlapping and potentially conflicting policy-making authority — the CEO determines policies the Authority should follow, while the Authority (of which the CEO is part) formulates the policies. It is unclear which instrument prevails if they conflict, and whether the CEO's policy determination binds the Authority's formulation function."},{"severity":"low","section_a":"13(2)","section_b":"13(3)","confidence":0.65,"description":"Section 13(2) provides that a Ministerial direction 'must be of a general nature only'. Section 13(3) provides the Authority 'must comply' with such directions. The limitation to 'general nature only' and the mandatory compliance obligation are in tension: if directions must be general, the Authority may have legitimate uncertainty about what compliance requires in specific circumstances, yet non-compliance with a valid direction (however general) carries legal consequences. The Act provides no mechanism to resolve ambiguity in general directions."},{"severity":"low","section_a":"29(1)(b)","section_b":"11(1)(j)","confidence":0.62,"description":"Section 29(1)(b) gives the Advisory Board the function of providing 'strategic advice to the Minister about the performance of the Authority's functions if requested to do so by the Minister'. Section 11(1)(j) gives the Authority itself the function of 'advising the Minister about organ or tissue donation and transplantation matters'. Both the Authority and the Advisory Board can advise the Minister on overlapping subject matter, with no mechanism to resolve conflicting advice or establish which advice takes precedence."},{"severity":"low","section_a":"39(1)","section_b":"39(2)","confidence":0.6,"description":"Section 39(1) requires the Advisory Board to hold 'such meetings as are necessary for the efficient performance of its functions' — a needs-based requirement. Section 39(2) mandates 'at least 4 meetings per financial year' regardless of operational need. These can contradict each other: if 4 meetings per year are not necessary for efficient performance, s39(2) forces unnecessary meetings contrary to s39(1)'s efficiency standard; conversely, if more than 4 are needed, s39(2) provides no explicit obligation beyond 4 (though s39(1) would cover this)."},{"severity":"medium","section_a":"58(1A)","section_b":"58A(2)","confidence":0.78,"description":"Section 58(1A) prohibits the Authority from publishing information likely to enable identification of a donor or recipient (subject to consent exceptions). Section 58A(2) permits DonateLife Agencies and grant recipients to publish such information with authorised family member consent for educational, commemorative, promotional or community awareness purposes. Since the Authority can make grants under s11(1)(g), a grant recipient can publish identifying information that the Authority itself cannot publish, even for identical purposes — creating an asymmetry where the Authority is more restricted than entities it funds."}]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act, as presented, stays within the original, stated purpose: to establish a Commonwealth Authority to coordinate and support organ and tissue donation and transplantation activities, provide advice, run programs and make grants (see s3 and s11). It uses standard federal mechanisms—policy non‑binding standards, conditional grants and intergovernmental consultation—rather than an expanded regulatory takeover. There is no material evidence in the text supplied that the legislation has grown significantly beyond that original purpose; the provisions (appointments, confidentiality, grants, advisory structures) are consistent with an implementing statute for a national coordinating agency."},"complexity_factors":["Approximately 30 defined terms in the interpretation/definitions sections (s4 and related)","Multiple appointment streams and governance layers (CEO, Advisory Board with Chair and Deputy Chair, expert advisory committees) each with separate appointment, term, remuneration and termination rules (Parts 3–5)","Detailed confidentiality regime with layered exceptions and age‑based consent rules (ss58–58A) and cross‑reference to regulations for additional consent rules","Granting powers that apply to States, Territories and persons (including constitutional corporations) with required written agreements and conditionality (ss54–56)","Explicit constitutional limits listing many heads of power that constrain where the Authority can lawfully operate (s11(2))","Frequent cross‑references to other legislation and instruments (Public Service Act 1999, Public Governance, Performance and Accountability Act 2013, Remuneration Tribunal Act 1973, Family Law Act 1975, Legislation Act 2003 and the Online Safety Act 2021)","Distinction between non‑legislative instruments (policies, standards declared not to be legislative instruments—s11(3)–(6)) and ministerial legislative instruments (DonateLife Agency declarations—s5F)","Voluntary compliance principle paired with grant‑linked mandatory compliance creates conditional logic and nested exceptions (s57)","Multiple consultation requirements for Ministerial declarations (s5F(3)–(5)) and appointment consultations for Board members (s31(4))"],"plain_english_summary":"**What this law does, simply stated**\n\n- Establishes a Commonwealth body called the Australian Organ and Tissue Donation and Transplantation Authority (the Authority) and sets out how it will operate (see s8, s11).  The Authority is made up of a full‑time Chief Executive Officer (CEO) and staff (s8(3), s14A).  It does not have a separate legal personality from the Commonwealth (s8(3) note).\n\n- Gives the Authority a wide set of non‑regulatory functions in the organ and tissue donation and transplantation field: writing policies and protocols, declaring standards and codes of practice, collecting and publishing information, training and public awareness activities, funding (grants) arrangements, research, and advising the Minister (s11).\n\n- Creates an Australian Organ and Tissue Donation and Transplantation Advisory Board to advise the CEO and, on request, the Minister.  The Board is part‑time and appointed by the Minister (ss28–33).  The CEO can also set up expert advisory committees to provide technical advice (ss44–51).\n\n- Allows the Authority to make grants (on behalf of the Commonwealth) to States, Territories, constitutional corporations and other parties for organ/tissue donation and transplantation matters; grants must be governed by written agreements that can require compliance with Authority policies or standards (ss54–56).\n\n- Protects patient confidentiality: the Authority and the CEO must not publish information likely to identify a named donor or recipient unless the donor/recipient or authorised family member (or other authorised person) consents (s58).  Separate rules permit DonateLife Agencies, certain grant recipients and authorised family members to publish identifying information in limited circumstances (educational, commemorative, promotional or community awareness) and only with consent and in specified publishing contexts (s58A).\n\n- Provides appointment, remuneration, term limits and removal rules for the CEO, Board members and expert committee members and sets staffing as Australian Public Service positions (Parts 3–5, notably ss14–27, 30–38, 44–53).\n\n- Gives the Minister the power to give general written directions to the Authority (which the Authority must follow) and to declare a body to be a \"DonateLife Agency\" by legislative instrument after consulting relevant State/Territory health ministers (s13, s5F).\n\n**Who this affects**\n\n- Commonwealth executive: the Minister (direction/appointments), the CEO and staff who run the Authority, Advisory Board members and expert committee members (ss13, 14, 30, 44).\n\n- State and Territory governments: potential grant recipients and consultees when the Minister declares DonateLife Agencies; grants may come with terms attached that affect how States deliver related services (ss5F, 54–55).\n\n- Constitutional corporations and other organisations operating in organ/tissue donation/transplantation: eligible for grants and, where they accept grants, required to comply with grant conditions (including optional adoption of Authority policies/standards) (s56(2A); ss54–56).\n\n- Donors, recipients and their families: protected from identification in Authority publications unless consent is given; authorised family members have a defined role in consenting to publication in some cases (ss5, 58, 58A).\n\n- Healthcare providers, training bodies and NGOs active in donation/transplantation: the Authority can publish guidance, run training/awareness programs, and make grants that influence practice and funding (ss11, 54–56).\n\n**Why it matters (mechanics, incentives and trade‑offs)**\n\n- Central coordination without direct coercion: the Authority is designed to promote a coordinated national approach by producing written policies, standards and protocols (s11).  Those documents are explicitly not legislative instruments (s11(3)–(6)) and compliance by providers is voluntary (s57(1)).  However, the Act builds in indirect leverage: compliance may be required as a condition of receiving Commonwealth grants or as a term of a contract (s57(2)).  Mechanism: soft standard‑setting + conditional funding to achieve uptake.\n\n- Funding as the enforcement/steering tool: the Authority’s principal legal lever over States, providers and corporations is money (ss54–56).  That creates an incentive for potential grantees to align with Authority protocols and standards if they want Commonwealth funding; it also creates bargaining space for negotiations over conditionality.\n\n- Ministerial and executive discretion: the Minister appoints the CEO and Board members, can give general directions to the Authority, and declares DonateLife Agencies (ss13, 14, 31, 5F).  That concentrates appointment and some oversight power in the executive, which is typical for statutory agencies but increases political/administrative discretion over priorities.\n\n- Privacy vs. public awareness: the Act places strict limits on the Authority and CEO publishing identifying patient information (s58(1)).  Narrow exceptions permit DonateLife Agencies, grant recipients and authorised family members to publish identifying information in limited public‑facing contexts if consent is obtained and certain publishing channels are used (s58A).  Mechanically this preserves patient confidentiality while enabling case stories or commemorative uses where family consent exists; it also requires consent procedures and record‑keeping.\n\n- Legal/constitutional limits and reach: subsection 11(2) lists the constitutional heads (grants to States, executive power, trade and commerce, Territory powers, provision of medical services, etc.) under which the Authority may act.  That constrains the Authority’s lawful geographic and subject‑matter reach and explains why the Act relies heavily on grants and cooperation rather than direct national regulation of State health systems.\n\n**Costs, compliance burdens and risks**\n\n- Who pays: Commonwealth funds finance the Authority and its grants; grant recipients (States, corporations, providers) may bear costs of complying with grant conditions (ss11, 54–56).  Administrative costs (running the Authority, advisory committees, consultation) are borne by the Commonwealth budget.\n\n- Compliance burden: most standards and policies are voluntary, but attaching them to funding converts them into de facto obligations for recipients.  That may impose implementation costs on hospitals, clinics and other grant recipients (s57(2)).\n\n- Discretion and implementation risk: the Minister and CEO have broad appointment and operational powers (ss13, 14B, 26, 44).  The design relies on administrative capacity and intergovernmental cooperation; outcomes depend on how the Authority uses grants, guidance and persuasion.\n\n- Effects on private actors and markets: the Act does not regulate prices or private provision per se.  It may influence private actors through grant conditions and standards (ss54–56, 11).  Constitutional corporations accepting grants must comply with terms, which can affect private hospital operations or NGO activity (s56(2A)).\n\n**Practical takeaways**\n\n- The Authority is a national coordinating body that uses policies, standards, information, training and conditional grants to shape practice in organ and tissue donation and transplantation (s11; ss54–56).\n\n- Compliance with Authority policies is not directly legally binding for the general public or private providers, but grant or contractual conditions create practical compulsion for recipients (s57).\n\n- Patient confidentiality is tightly protected, with explicit consent pathways and limited exceptions for family‑approved educational/commemorative uses (ss58–58A).\n\n- Key decision points rest with the Minister (appointments, DonateLife Agency declarations, directions) and the CEO (operational management and establishment of expert committees), so policy direction will flow from those offices (ss13, 14, 5F, 14B, 44)."},"kimi_summary":{"_metrics":{"completionTokens":609},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of establishing a national coordination body for organ and tissue donation. The scope includes the expected elements: Authority establishment, governance structures, funding mechanisms, and privacy protections. No significant scope creep is evident."},"complexity_factors":["Multiple overlapping definitions of family relationships (partner, child, parent, sibling, stepchild) with cross-references to other legislation","Constitutional limitations clause (s 11(2)) with 12 specific heads of power limiting when the Authority can act","Complex confidentiality regime with multiple exceptions and consent pathways (ss 58, 58A)","Interaction between voluntary compliance (s 57) and conditional grant requirements (ss 54–56)","Three-tiered grant structure (States, Territories, others) with different compliance mechanisms","Multiple advisory bodies with distinct appointment, remuneration, and termination rules","Extensive cross-referencing to the Public Governance, Performance and Accountability Act 2013 and other Commonwealth legislation"],"plain_english_summary":"This Act creates the **Australian Organ and Tissue Donation and Transplantation Authority** — a federal body that coordinates and improves how organs and tissues are donated and transplanted across Australia.\n\n**What the Authority does:**\n- Develops national policies, protocols, and standards for organ and tissue donation\n- Funds research, training, and public education programs\n- Makes grants to states, territories, and other organisations\n- Collects and shares data to improve donation rates and reduce waiting times\n- Advises the Minister on donation matters\n\n**Who runs it:**\n- A **Chief Executive Officer** (CEO) appointed by the Minister, who manages day-to-day operations\n- **Staff** employed under the Public Service Act\n- An **Advisory Board** of 5–7 part-time members with expertise in health, business, and community advocacy\n- **Expert advisory committees** that the CEO can establish for specific issues\n\n**Key protections:**\n- **Patient confidentiality is strictly protected** — the Authority and CEO cannot publish information that identifies individual donors or recipients without consent\n- **\"Authorised family members\"** (including partners, parents, children, siblings, grandparents, grandchildren, and those recognised under Aboriginal or Torres Strait Islander kinship rules) can consent to disclosure of information about deceased donors/recipients for educational, commemorative, or promotional purposes\n\n**Important features:**\n- Compliance with Authority policies and standards is **voluntary** unless required as a condition of funding or contract\n- The Act works alongside state and territory laws — it doesn't replace them\n- **DonateLife Agencies** can be declared to help coordinate donation activities\n\n**Who it affects:**\n- Potential organ and tissue donors and their families\n- People waiting for transplants\n- Hospitals and health services involved in donation\n- Researchers and community organisations working in this field"}},"importantCases":[],"_links":{"self":"/api/acts/australian-organ-and-tissue-donation-and-transplantation-authority-act-2008","history":"/api/acts/australian-organ-and-tissue-donation-and-transplantation-authority-act-2008/history","analysis":"/api/acts/australian-organ-and-tissue-donation-and-transplantation-authority-act-2008/analysis","conflicts":"/api/acts/australian-organ-and-tissue-donation-and-transplantation-authority-act-2008/conflicts","importantCases":"/api/acts/australian-organ-and-tissue-donation-and-transplantation-authority-act-2008/important-cases","documents":"/api/acts/australian-organ-and-tissue-donation-and-transplantation-authority-act-2008/documents"}}