{"id":"tas:act-1985-118","name":"Human Tissue Act 1985","slug":"human-tissue-act-1985","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"118 of 1985","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":109879,"registerId":"tas-act-1985-118-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"# Part I Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Human Tissue Act 1985](/view/html/inforce/2026-04-12/act-1985-118) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> > (1)  This section and [section 1](#GS1@EN) shall commence on the day on which this Act receives the Royal Assent.\n> \n> > (2)  Except as provided in [subsection (1)](#GS2@Gs1@EN) , this Act shall commence on such day as may be fixed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> *\\[Section 3 Subsection (1) amended by No. 74 of 1995, s. 3 and Sched. 1 \\]**\\[Section 3 Subsection (1) amended by No. 100 of 1995, s. 97 and Sched. 7 \\]*\n> \n> > (1)  *\\[Section 3 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 \\]*In this Act, unless the contrary intention appears  –\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 19 of 2006, s. 4, Applied:10 Nov 2006\\]*](/view/html/inforce/2006-11-10/act-2006-019#GS4@Hpa@EN) ***affected deceased person*** means a deceased person whose death is a reportable death within the meaning of the [Coroners Act 1995](/view/html/inforce/2026-04-12/act-1995-073) ;\n> > \n> > [*\\[Section 3 Subsection (1) amended by No. 11 of 2024, s. 4, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS4@Hpa@EN)\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 11 of 2024, s. 4, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS4@Hpa@EN) ***child*** means a person who has not attained the age of 18 years;\n> > \n> > > ***coroner*** means a coroner within the meaning of the [Coroners Act 1995](/view/html/inforce/2026-04-12/act-1995-073) ;\n> > \n> > > ***designated officer***, in relation to a hospital, means a person appointed under [section 4](#GS4@EN) to be a designated officer for that hospital;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 19 of 2006, s. 4, Applied:10 Nov 2006\\]*](/view/html/inforce/2006-11-10/act-2006-019#GS4@Hpb@EN) ***diagnostic purposes*** means the purposes of determining –\n> > > \n> > > > > (a) the cause of a deceased person's death; or\n> > > > \n> > > > > (b) other medical issues, or the extent of other medical issues, relating to the health of a deceased person;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 19 of 2006, s. 4, Applied:10 Nov 2006\\]*](/view/html/inforce/2006-11-10/act-2006-019#GS4@Hpb@EN) ***hospital manager*** means the person that has the day-to-day administrative control of the hospital;\n> > \n> > [*\\[Section 3 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja34@GC1@Hpa@EN)\n> > \n> > > ***next of kin*** means  –\n> > > \n> > > > > (a) [*\\[Section 3 Subsection (1) amended by No. 11 of 2024, s. 4, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS4@Hpb@EN) in relation to a deceased child who was not married – a person referred to in [paragraph (a)(i)](#GS3@Gs1@Nd9@Hpa@EN) , [(ii)](#GS3@Gs1@Nd9@Hpa@Hqii@EN) , or [(iii)](#GS3@Gs1@Nd9@Hpa@Hqiii@EN) of [the definition of ***senior available next of kin***](#GS3@Gs1@Nd9@EN) ; and\n> > > > \n> > > > > (b) in relation to any other deceased person  – a person referred to in [paragraph (b)](#GS3@Gs1@Nd9@Hpb@EN) [(i)](#GS3@Gs1@Nd9@Hpb@Hqi@EN) , [(ii)](#GS3@Gs1@Nd9@Hpb@Hqii@EN) , [(iii)](#GS3@Gs1@Nd9@Hpb@Hqiii@EN) , or [(iv)](#GS3@Gs1@Nd9@Hpb@Hqiv@EN) of that definition;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 19 of 2006, s. 4, Applied:10 Nov 2006\\]*](/view/html/inforce/2006-11-10/act-2006-019#GS4@Hpc@EN) ***non-coronial autopsy*** means an autopsy that is authorised under [Part IIIA](#HPIIIA@EN) ;\n> > \n> > > ***non-regenerative tissue*** means tissue other than regenerative tissue;\n> > \n> > > ***regenerative tissue*** means tissue that, after injury or removal, is replaced in the body of a living person by natural processes of growth or repair;\n> > \n> > [*\\[Section 3 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010\\]*](/view/html/inforce/2010-07-01/act-2010-003#JS1@Ja34@GC1@Hpb@EN)\n> > \n> > > ***senior available next of kin*** means  –\n> > > \n> > > > > (a) [*\\[Section 3 Subsection (1) amended by No. 11 of 2024, s. 4, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS4@Hpc@EN) in relation to a deceased child who was not married –\n> > > > > \n> > > > > > > (i) where a parent of the child is available – a parent of the child;\n> > > > > > \n> > > > > > > (ii) where a parent of the child is not available – a brother or sister of the child who has attained the age of 18 years and is available; or\n> > > > > > \n> > > > > > > (iii) where no person referred to in [subparagraph (i)](#GS3@Gs1@Nd9@Hpa@Hqi@EN) or [(ii)](#GS3@Gs1@Nd9@Hpa@Hqii@EN) is available – a person who was the guardian of the child immediately before the death of the child and is available; and\n> > > > \n> > > > > (b) in relation to any other deceased person  –\n> > > > > \n> > > > > > > (i) [*\\[Section 3 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja34@GC1@Hpc@EN) [*\\[Section 3 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja34@GC1@Hpb@EN) [*\\[Section 3 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja34@GC1@Hpa@EN) where the person, immediately before his death, was married or in a significant relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) , and the person who was then his spouse or partner in the significant relationship is available – the person who was his spouse or partner;\n> > > > > > \n> > > > > > > (ii) [*\\[Section 3 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja34@GC1@Hpd@EN) where no person referred to in [subparagraph (i)](#GS3@Gs1@Nd9@Hpb@Hqi@EN) is available – a son or daughter of the person who has attained the age of 18 years and is available;\n> > > > > > \n> > > > > > > (iii) where no person referred to in [subparagraph (i)](#GS3@Gs1@Nd9@Hpb@Hqi@EN) or [(ii)](#GS3@Gs1@Nd9@Hpb@Hqii@EN) is available but a parent of the person is available  – that parent; or\n> > > > > > \n> > > > > > > (iv) [*\\[Section 3 Subsection (1) amended by No. 19 of 2006, s. 4, Applied:10 Nov 2006\\]*](/view/html/inforce/2006-11-10/act-2006-019#GS4@Hpd@EN) where no person referred to in [subparagraph (i)](#GS3@Gs1@Nd9@Hpb@Hqi@EN) , [(ii)](#GS3@Gs1@Nd9@Hpb@Hqii@EN) , or [(iii)](#GS3@Gs1@Nd9@Hpb@Hqiii@EN) is available – a brother or sister of the person who has attained the age of 18 years and is available; or\n> > > > > > \n> > > > > > > (v) [*\\[Section 3 Subsection (1) amended by No. 19 of 2006, s. 4, Applied:10 Nov 2006\\]*](/view/html/inforce/2006-11-10/act-2006-019#GS4@Hpe@EN) where no person referred to in [subparagraph (i)](#GS3@Gs1@Nd9@Hpb@Hqi@EN) , [(ii)](#GS3@Gs1@Nd9@Hpb@Hqii@EN) , [(iii)](#GS3@Gs1@Nd9@Hpb@Hqiii@EN) or [(iv)](#GS3@Gs1@Nd9@Hpb@Hqiv@EN) is available and the deceased person is an Aboriginal person within the meaning of the *Aboriginal and Torres Strait Islander Commission Act 1989* of the Commonwealth – a person who is an appropriate person according to the customs and the tradition of the community or group that the deceased person belonged to;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 19 of 2006, s. 4, Applied:10 Nov 2006\\]*](/view/html/inforce/2006-11-10/act-2006-019#GS4@Hpf@EN) ***therapeutic, medical or scientific purpose*** includes –\n> > > \n> > > > > (a) the teaching of therapeutic techniques, medicine or science; and\n> > > > \n> > > > > (b) medical or scientific research; and\n> > > > \n> > > > > (c) any other purpose prescribed in the regulations for this definition;\n> > \n> > > ***tissue*** includes an organ, or part, of a human body or a substance extracted from, or from a part of, the human body.\n> \n> > (2)  A reference in this Act to the transplantation of tissue shall be read as including a reference to the transplantation of any part of the tissue and to the transplantation of a substance obtained from the tissue.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Designated officers","content":"### 4 Designated officers\n\n> [*\\[Section 4 Substituted by No. 19 of 2006, s. 5, Applied:10 Nov 2006\\]*](/view/html/inforce/2006-11-10/act-2006-019#GS5@EN)\n> \n> > (1)  For the purposes of this Act, the hospital manager, by instrument in writing, may appoint such medical practitioners as are necessary to be designated officers for the hospital.\n> \n> > (2)  A designated officer must not act in that capacity under [Part IIIA](#HPIIIA@EN) in respect of a deceased person if the designated officer –\n> > \n> > > > (a) before the deceased person's death, was involved in the provision of medical care to the person; or\n> > > \n> > > > (b) is likely to be involved in –\n> > > > \n> > > > > > (i) the performance of a non-coronial autopsy on the deceased person; or\n> > > > > \n> > > > > > (ii) the removal of tissue at such an autopsy.","sortOrder":4},{"sectionNumber":"Part II","sectionType":"part","heading":"Donations of Tissue by Living Persons","content":"# Part II Donations of Tissue by Living Persons","sortOrder":5},{"sectionNumber":"Division 1","sectionType":"division","heading":"Exclusion of certain tissue","content":"## Division 1 Exclusion of certain tissue","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Interpretation","content":"### 5 Interpretation\n\n> [*\\[Section 5 Amended by No. 11 of 2024, s. 5, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS5@EN) In this Part, a reference to tissue shall not be read as including a reference to breastmilk, foetal tissue, spermatozoa, or ova.","sortOrder":7},{"sectionNumber":"Division 2","sectionType":"division","heading":"Donations by adults","content":"## Division 2 Donations by adults","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Blood transfusions not subject to this Division","content":"### 6 Blood transfusions not subject to this Division\n\n> Nothing in this Division prevents the removal in accordance with [Division 5](#HPII@HD5@EN) of blood from the body of a person.","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Consent by adult living donor to removal of regenerative tissue","content":"### 7 Consent by adult living donor to removal of regenerative tissue\n\n> A person, other than a child, may give his consent in writing to the removal from his body of specified regenerative tissue (other than blood)  –\n> \n> > > (a) for the purpose of the transplantation of the tissue to the body of another living person; or\n> > \n> > > (b) [*\\[Section 7 Amended by No. 19 of 2006, s. 6, Applied:10 Nov 2006\\]*](/view/html/inforce/2006-11-10/act-2006-019#GS6@EN) for use for other therapeutic, medical or scientific purposes.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Consent by adult living donor to removal of non-regenerative tissue for transplantation","content":"### 8 Consent by adult living donor to removal of non-regenerative tissue for transplantation\n\n> > (1)  A person, other than a child, may give his consent in writing to the removal from his body, at any time after the expiration of 24 hours from the time at which the consent is given, of specified non-regenerative tissue for the purpose of the transplantation of the tissue to the body of another living person.\n> \n> > (2)  A consent given under [subsection (1)](#GS8@Gs1@EN) shall specify the time at which the consent is given.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Medical practitioner may give certificate in relation to consent","content":"### 9 Medical practitioner may give certificate in relation to consent\n\n> A medical practitioner may certify in writing in relation to a consent given under [section 7](#GS7@EN) or [8](#GS8@EN) by a person, being a consent the terms of which are set out in the certificate, that  –\n> \n> > > (a) [*\\[Section 9 Amended by No. 11 of 2024, s. 6, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS6@Hpa@EN) the consent was given in the medical practitioner’s presence;\n> > \n> > > (b) [*\\[Section 9 Amended by No. 11 of 2024, s. 6, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS6@EN) the medical practitioner explained to the person before the consent was given the nature, consequences and risks of the removal from the body of the person of the tissue specified in the consent; and\n> > \n> > > (c) [*\\[Section 9 Amended by No. 11 of 2024, s. 6, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS6@Hpd@EN) the medical practitioner is satisfied that –\n> > > \n> > > > > (i) [*\\[Section 9 Amended by No. 11 of 2024, s. 6, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS6@Hpe@EN) at the time the consent was given, the person had attained the age of 18 years;\n> > > > \n> > > > > (ii) at that time, the person was of sound mind; and\n> > > > \n> > > > > (iii) the consent was freely given.","sortOrder":12},{"sectionNumber":"Division 3","sectionType":"division","heading":"Donations by children","content":"## Division 3 Donations by children","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Blood transfusions not subject to this Division","content":"### 10 Blood transfusions not subject to this Division\n\n> Nothing in this Division prevents the removal in accordance with [Division 5](#HPII@HD5@EN) of blood from the body of a child.","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"References to parent not to include guardian, &c.","content":"### 11 References to parent not to include guardian, &c.\n\n> In this Division, a reference to a parent of a child shall not be read as including a reference to a guardian of a child or to another person standing *in loco parentis* to the child.","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Removal for transplantation of regenerative tissue from body of child","content":"### 12 Removal for transplantation of regenerative tissue from body of child\n\n> > (1)  A child, and a parent of that child, may jointly give their consent in writing to the removal from the body of the child of specified regenerative tissue for the purpose of the transplantation of the tissue to the body of another member of the family of the child or to the body of a relative of the child.\n> \n> > (2)  [*\\[Section 12 Subsection (2) inserted by No. 11 of 2024, s. 7, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS7@Hpb@EN) Despite [subsection (1)](#GS12@Gs1@EN) , a child who is, in the opinion of a medical practitioner giving a certificate under [section 13](#GS13@EN) in relation to the consent of that child, capable of –\n> > \n> > > > (a) understanding the nature, consequences and risks of the tissue removal specified in [subsection (1)](#GS12@Gs1@EN) ; and\n> > > \n> > > > (b) making a decision regarding the tissue removal that is informed and free from coercion –\n> > \n> > may give consent in writing to the tissue removal specified in [subsection (1)](#GS12@Gs1@EN) independently of any parent.","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Medical practitioner may give certificate in relation to consent","content":"### 13 Medical practitioner may give certificate in relation to consent\n\n> [*\\[Section 13 Amended by No. 11 of 2024, s. 8, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS8@Hpa@EN) A medical practitioner may certify in writing in relation to a consent given under [section 12](#GS12@EN) , being a consent the terms of which are set out in the certificate, that –\n> \n> > > (a) [*\\[Section 13 Amended by No. 11 of 2024, s. 8, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS8@Hpb@EN) the consent was given in the medical practitioner’s presence;\n> > \n> > > (b) [*\\[Section 13 Amended by No. 11 of 2024, s. 8, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS8@EN) the medical practitioner explained to the child and to any parent of the child before the consent was given the nature, consequences and risks of the removal from the body of the child of the tissue specified in the consent and the nature of the transplantation of that tissue; and\n> > \n> > > (c) [*\\[Section 13 Amended by No. 11 of 2024, s. 8, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS8@Hpf@EN) the medical practitioner is satisfied that –\n> > > \n> > > > > (i) [*\\[Section 13 Amended by No. 11 of 2024, s. 8, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS8@Hpg@EN) at the time the consent was given, the person or persons consenting understood the nature, consequences and risks of the removal of the tissue and the nature of the transplantation; and\n> > > > \n> > > > > (ii) [*\\[Section 13 Amended by No. 11 of 2024, s. 8, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS8@Hph@EN) the consent was freely given by the person or persons consenting.","sortOrder":17},{"sectionNumber":"Division 4","sectionType":"division","heading":"Effect of consents","content":"## Division 4 Effect of consents","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Effect of consent under section 7","content":"### 14 Effect of consent under section 7\n\n> Subject to [section 17](#GS17@EN) , a document that purports to be a consent given in accordance with [section 7](#GS7@EN) is, where a certificate has been given in accordance with [section 9](#GS9@EN) in relation to that consent, sufficient authority for a medical practitioner, other than the medical practitioner who gave the certificate, to remove the regenerative tissue specified in the consent for the purpose or the use, as the case may be, specified in the consent.","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Effect of consent under section 8","content":"### 15 Effect of consent under section 8\n\n> Subject to [section 17](#GS17@EN) , a document that purports to be a consent given in accordance with [section 8](#GS8@EN) is, where a certificate has been given in accordance with [section 9](#GS9@EN) in relation to that consent, sufficient authority for a medical practitioner, other than the medical practitioner who gave the certificate, to remove, at any time after the expiration of 24 hours from the time specified in the consent to be the time at which the consent was given, the non-regenerative tissue specified in the consent for the purpose of the transplantation of the tissue to the body of another living person.","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Effect of consent under section 12","content":"### 16 Effect of consent under section 12\n\n> Subject to [section 17](#GS17@EN) , a document that purports to be a consent given in accordance with [section 12](#GS12@EN) is, where a certificate has been given in accordance with [section 13](#GS13@EN) in relation to that consent, sufficient authority for a medical practitioner, other than the medical practitioner who gave the certificate, to remove the regenerative tissue specified in the consent for the purpose specified in the consent.","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Written consent not to be sufficient authority in certain circumstances","content":"### 17 Written consent not to be sufficient authority in certain circumstances\n\n> A document that purports to be a consent given in accordance with [section 7](#GS7@EN) , [8](#GS8@EN) , or [12](#GS12@EN) is not sufficient authority for a medical practitioner to remove tissue if  –\n> \n> > > (a) the medical practitioner has been informed that the consent has been revoked; or\n> > \n> > > (b) the medical practitioner knows or has reasonable grounds for suspecting that a certificate given for the purpose of [section 9](#GS9@EN) or [13](#GS13@EN) , as the case may be, in relation to that document contains a false statement.","sortOrder":22},{"sectionNumber":"Division 5","sectionType":"division","heading":"Donations of blood","content":"## Division 5 Donations of blood\n\n[*\\[Division 5 of Part II Heading amended by No. 3 of 2008, s. 4, Applied:17 Apr 2008\\]*](/view/html/inforce/2008-04-17/act-2008-003#GS4@EN)","sortOrder":23},{"sectionNumber":"17A","sectionType":"section","heading":"Interpretation","content":"### 17A Interpretation\n\n> [*\\[Section 17A Inserted by No. 3 of 2008, s. 5, Applied:17 Apr 2008\\]*](/view/html/inforce/2008-04-17/act-2008-003#GS5@EN) In this Division –[*\\[Section 17A Amended by No. 11 of 2024, s. 9, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS9@EN)\n> \n> > [*\\[Section 17A Amended by No. 11 of 2024, s. 9, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS9@EN) ***child*** means a person who has not attained the age of 16 years.","sortOrder":24},{"sectionNumber":"18","sectionType":"section","heading":"Consents by adults to removal of blood","content":"### 18 Consents by adults to removal of blood\n\n> A person, other than a child, who is of sound mind may consent to the removal of blood from his body  –\n> \n> > > (a) for transfusion to another person; or\n> > \n> > > (b) [*\\[Section 18 Amended by No. 19 of 2006, s. 7, Applied:10 Nov 2006\\]*](/view/html/inforce/2006-11-10/act-2006-019#GS7@EN) for the purpose of the use of the blood or of any of its constituents for other therapeutic, medical or scientific purposes.","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Consents to removal of blood from children","content":"### 19 Consents to removal of blood from children\n\n> [*\\[Section 19 Amended by No. 11 of 2024, s. 10, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS10@EN) Subject to the requirements of [Division 7](#HPII@HD7@EN) of [Part II](#HPII@EN) , a parent of a child may consent to the removal of blood from the body of the child for a purpose referred to in [section 18](#GS18@EN) if –\n> \n> > > (a) a medical practitioner advises that the removal is not likely to be prejudicial to the health of the child; and\n> > \n> > > (b) the child agrees to the removal.","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Consent to be sufficient authority for removal of blood at certain places","content":"### 20 Consent to be sufficient authority for removal of blood at certain places\n\n> A consent duly given under [section 18](#GS18@EN) or [19](#GS19@EN) is sufficient authority for the removal of blood from the body of the person who has given the consent, or from the body of the child in relation to whom the person has given the consent, as the case requires  –\n> \n> > > (a) at a hospital; or\n> > \n> > > (b) at premises, or in a vehicle, used by the Australian Red Cross Society, or by another body approved by the Minister for the purpose of this Division, for the removal of blood from the bodies of persons.","sortOrder":27},{"sectionNumber":"Division 5A","sectionType":"division","heading":"[Division 5A of Part II Heading inserted by No. 3 of 2008, s. 6, Applied:17 Apr 2008] Blood transfusions","content":"## Division 5A [Division 5A of Part II Heading inserted by No. 3 of 2008, s. 6, Applied:17 Apr 2008] Blood transfusions","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Administration of blood transfusions to children without parental consent","content":"### 21 Administration of blood transfusions to children without parental consent\n\n> > (1)  In this section  –\n> > \n> > > ***blood transfusion*** means the transfusion of human blood or any of the constituents of human blood;\n> > \n> > > ***child*** means a person who has not attained the age of 18 years.\n> \n> > (2)  The operation of removing all or part of the blood of a person and replacing it with blood taken from another person shall, for the purposes of this section, be deemed to be a blood transfusion.\n> \n> > (3)  [*\\[Section 21 Subsection (3) amended by No. 11 of 2024, s. 11, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS11@Hpa@EN) Subject to [subsection (4)](#GS21@Gs4@EN) , a medical practitioner may administer a blood transfusion to a child who is otherwise unable to give consent without the consent of a parent of the child or a person having authority to consent to the administration of the transfusion if –\n> > \n> > > > (a) [*\\[Section 21 Subsection (3) amended by No. 11 of 2024, s. 11, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS11@Hpb@EN) that medical practitioner and at least one other medical practitioner, or if another medical practitioner is not available, a paramedic, are of the opinion that the child is in danger of dying and that the administration of a blood transfusion to the child is the best means of preventing the death of the child; and\n> > > \n> > > > (b) [*\\[Section 21 Subsection (3) amended by No. 11 of 2024, s. 11, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS11@Hpc@EN) the first-mentioned medical practitioner is satisfied that the blood to be transfused is compatible with the blood of the child.\n> \n> > (4)  A medical practitioner is not entitled to administer a blood transfusion to a child in pursuance of [subsection (3)](#GS21@Gs3@EN) unless  –\n> > \n> > > > (a) [*\\[Section 21 Subsection (4) amended by No. 11 of 2024, s. 11, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS11@Hpd@EN) a parent of the child, or a person having authority to consent to the administration of the transfusion, upon being asked to consent to the administration of the transfusion, has failed to give consent; or\n> > > \n> > > > (b) the medical practitioner is of the opinion that, in the circumstances, it is not practicable to delay the administration of the transfusion until the consent of a parent of the child or a person having authority to consent to the administration of the transfusion can be obtained.\n> \n> > (5)  Where a blood transfusion is administered to a child in accordance with this section, the transfusion shall, for all purposes, be deemed to have been administered with the consent of a parent of the child or a person having authority to consent to the administration of the transfusion.\n> \n> > (6)  [*\\[Section 21 Subsection (6) amended by No. 11 of 2024, s. 11, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS11@Hpe@EN) Nothing in this section relieves a medical practitioner from liability in respect of the administration of a blood transfusion to a child, being a liability to which the practitioner would have been subject if the transfusion had been administered with the consent of a parent of the child or a person having authority to consent to the administration of the transfusion.\n> \n> > (7)  [*\\[Section 21 Subsection (7) inserted by No. 11 of 2024, s. 11, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS11@Hpf@EN) Nothing in this section prevents a child who, in the opinion of a medical practitioner proposing to administer a blood transfusion to the child, is capable of –\n> > \n> > > > (a) understanding the nature, consequences and risks of the administration of a blood transfusion to the child; and\n> > > \n> > > > (b) making a decision regarding the administration of a blood transfusion to the child that is informed and free from coercion –\n> > \n> > from giving, refusing to give, or revoking consent to such a blood transfusion independently of any other person.","sortOrder":29},{"sectionNumber":"Division 6","sectionType":"division","heading":"Revocation of consent","content":"## Division 6 Revocation of consent","sortOrder":30},{"sectionNumber":"22","sectionType":"section","heading":"Revocation of consent","content":"### 22 Revocation of consent\n\n> > (1)  A reference in this section, in relation to a consent given for the purposes of this Act, to the donor shall be read  –\n> > \n> > > > (a) in a case in which the consent is given in respect of a child  – as a reference to the child;\n> > > \n> > > > (b) in any other case  – as a reference to the person who gave the consent.\n> \n> > (2)  A person who gives, or either or both of the persons who jointly give, a consent for the purposes of this Act may at any time thereafter revoke that consent by indicating, either orally or in writing  –\n> > \n> > > > (a) where the donor, in relation to that consent, is a patient in a hospital  –\n> > > > \n> > > > > > (i) [*\\[Section 22 Subsection (2) amended by No. 11 of 2024, s. 12, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS12@Hpa@EN) to any employee of that hospital;\n> > > > > \n> > > > > > (ii) to a medical practitioner who is attending the donor in a professional capacity; or\n> > > > > \n> > > > > > (iii) to a registered nurse employed at that hospital;\n> > > \n> > > > (b) where the donor is not a patient in a hospital  – to a medical practitioner who is attending the donor in a professional capacity  –\n> > \n> > that the consent is revoked.\n> \n> > (3)  Where  –\n> > \n> > > > (a) the donor is a patient in a hospital; and\n> > > \n> > > > (b) [*\\[Section 22 Subsection (3) amended by No. 11 of 2024, s. 12, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS12@Hpb@EN) a person, being the person who gave, or one of the persons who jointly gave, the consent for the purposes of this Act, indicates to a person referred to in [subsection (2)(a)](#GS22@Gs2@Hpa@EN) that the consent is revoked –\n> > \n> > the last-mentioned person shall inform a designated officer for that hospital forthwith of the revocation of the consent.\n> \n> > (4)  [*\\[Section 22 Subsection (4) substituted by No. 11 of 2024, s. 12, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS12@Hpc@EN) Where a person revokes a consent in accordance with [subsection (2)](#GS22@Gs2@EN)  –\n> > \n> > > > (a) if the donor is a patient in a hospital at the time of the revocation – the person to whom the revocation is communicated in accordance with [subsection (2)](#GS22@Gs2@EN) or [(3)](#GS22@Gs3@EN) ; or\n> > > \n> > > > (b) if the donor is not a patient in a hospital at that time – any medical practitioner who becomes aware that the consent has been revoked –\n> > \n> > must, if it appears to the person specified in [paragraph (a)](#GS22@Gs4@Hpa@EN) or [(b)](#GS22@Gs4@Hpb@EN) , after making such inquiries (if any) as are reasonable in the circumstances, that a medical practitioner is proposing to rely on the consent in connection with the removal of tissue from the body of the donor, inform that medical practitioner as soon as possible that the consent has been revoked.\n> \n> > (5)  [*\\[Section 22 Subsection (5) amended by No. 11 of 2024, s. 12, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS12@Hpd@EN) Where a consent is revoked, a person who has in the person’s possession the instrument of consent shall, upon being informed by a designated officer for a hospital or by the medical practitioner to whom the revocation is communicated that the consent has been revoked, surrender –\n> > \n> > > > (a) that instrument; and\n> > > \n> > > > (b) [*\\[Section 22 Subsection (5) amended by No. 11 of 2024, s. 12, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS12@Hpe@EN) if a certificate given in accordance with [section 9](#GS9@EN) or [13](#GS13@EN) is in the person’s possession, being a certificate relating to the consent – that certificate –\n> > \n> > to the person, or one of the persons, who revoked the consent.","sortOrder":31},{"sectionNumber":"Division 7","sectionType":"division","heading":"Donations for approved research","content":"## Division 7 Donations for approved research","sortOrder":32},{"sectionNumber":"22A","sectionType":"section","heading":"Interpretation","content":"### 22A Interpretation\n\n> [*\\[Section 22A of Part II Inserted by No. 11 of 2024, s. 13, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS13@EN) In this Division –\n> \n> > ***approved research*** means research approved by a human research ethics committee in accordance with the Australian Code and the National Statement;\n> \n> > ***Australian Code*** means the Australian Code for the Responsible Conduct of Research, issued by the NHMRC in 2018, as amended and in force from time to time;\n> \n> > ***human research ethics committee*** means a committee formed in accordance with the requirements stated in the National Statement;\n> \n> > ***National Statement*** means the National Statement on Ethical Conduct in Human Research, issued by the NHMRC in 2007, as amended and in force from time to time;\n> \n> > ***NHMRC*** means the National Health and Medical Research Council established under the *National Health and Medical Research Council Act 1992* of the Commonwealth.","sortOrder":33},{"sectionNumber":"22B","sectionType":"section","heading":"Authorised donation by child","content":"### 22B Authorised donation by child\n\n> [*\\[Section 22B of Part II Inserted by No. 11 of 2024, s. 13, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS13@EN)\n> \n> > (1)  The removal of tissue from a child’s body is authorised if –\n> > \n> > > > (a) it is done –\n> > > > \n> > > > > > (i) for the purpose of approved research; and\n> > > > > \n> > > > > > (ii) in accordance with the approval given in respect of that research, including any conditions of the approval; and\n> > > \n> > > > (b) consent is given in accordance with the National Statement; and\n> > > \n> > > > (c) one or more of the following applies:\n> > > > \n> > > > > > (i) the approved research is for the benefit of the child;\n> > > > > \n> > > > > > (ii) the removal of the tissue occurs during a procedure that is for the benefit of the child and a medical practitioner is satisfied that the removal of the tissue for approved research is not likely to prejudice the health of the child;\n> > > > > \n> > > > > > (iii) a medical practitioner is satisfied that the removal of the tissue will involve a negligible or low risk of harm and minimal discomfort to the child.\n> \n> > (2)  For the purposes of [subsection (1)(c)(ii)](#GS22B@Gs1@Hpc@Hqii@EN) and [(iii)](#GS22B@Gs1@Hpc@Hqiii@EN) , the medical practitioner must make a record of the practitioner’s satisfaction.\n> \n> > (3)  For the purposes of [subsection (1)(c)(iii)](#GS22B@Gs1@Hpc@Hqiii@EN) , the medical practitioner’s satisfaction, and the record of that satisfaction, may relate to –\n> > \n> > > > (a) a particular child or children; or\n> > > \n> > > > (b) a group of children that is or may be participating in stated approved research.","sortOrder":34},{"sectionNumber":"Part III","sectionType":"part","heading":"Donations of Tissue After Death","content":"# Part III Donations of Tissue After Death","sortOrder":35},{"sectionNumber":"23","sectionType":"section","heading":"Authority to remove tissue where body of deceased at a hospital","content":"### 23 Authority to remove tissue where body of deceased at a hospital\n\n> > (1)  Subject to this Part, where it appears to a designated officer for a hospital, after making such inquiries as are reasonable in the circumstances, that a deceased person who has died in the hospital or whose dead body has been brought into the hospital  –\n> > \n> > > > (a) had, during his lifetime, expressed the wish for, or consented to, the removal after his death of tissue from his body  –\n> > > > \n> > > > > > (i) for the purpose of the transplantation of the tissue to the body of a living person; or\n> > > > > \n> > > > > > (ii) [*\\[Section 23 Subsection (1) amended by No. 19 of 2006, s. 8, Applied:10 Nov 2006\\]*](/view/html/inforce/2006-11-10/act-2006-019#GS8@Hpa@EN) for the purpose of the use of the tissue for other therapeutic, medical or scientific purposes; and\n> > > \n> > > > (b) had not withdrawn the wish or revoked the consent  –\n> > \n> > the designated officer may, by instrument in writing, authorize the removal of tissue from the body of the deceased person for that purpose.\n> \n> > (2)  Subject to this Part, where, in relation to a deceased person who has died in a hospital or whose dead body has been brought to a hospital  –\n> > \n> > > > (a) the senior available next of kin of the deceased person has consented, in writing, to the removal of tissue from the body of the deceased person for any of the purposes referred to in [subsection (1)(a)](#GS23@Gs1@EN) ; and\n> > > \n> > > > (b) it appears to a designated officer for that hospital, after making such inquiries as are reasonable in the circumstances, that  –\n> > > > \n> > > > > > (i) the designated officer is not authorized by [subsection (1)](#GS23@Gs1@EN) to give an authority in respect of that person;\n> > > > > \n> > > > > > (ii) the deceased person had not, during his lifetime, expressed an objection to the removal of tissue from his body;\n> > > > > \n> > > > > > (iii) the consent referred to in [paragraph (a)](#GS23@Gs2@Hpa@EN) has not been revoked; and\n> > > > > \n> > > > > > (iv) [*\\[Section 23 Subsection (2) amended by No. 19 of 2006, s. 8, Applied:10 Nov 2006\\]*](/view/html/inforce/2006-11-10/act-2006-019#GS8@Hpb@EN) no objection has been made by any other next of kin (of the same or a higher order of the classes referred to in [paragraphs (a)](#GS3@Gs1@Nd9@Hpa@EN) and [(b)](#GS3@Gs1@Nd9@Hpb@EN) of [the definition of ***senior available next of kin***](#GS3@Gs1@Nd9@EN) in [section 3(1)](#GS3@EN) ) to the removal of tissue from the body of the deceased person for any purpose including the purpose, or any of the purposes, specified in that consent –\n> > \n> > the designated officer may, by instrument in writing, authorize the removal of tissue from the body of the deceased person for that purpose or those purposes.","sortOrder":36},{"sectionNumber":"24","sectionType":"section","heading":"Authority to remove tissue where body of deceased not at a hospital","content":"### 24 Authority to remove tissue where body of deceased not at a hospital\n\n> > (1)  Subject to this Part, where the body of a deceased person is at a place other than a hospital, the senior available next of kin of the deceased person may, by instrument in writing, authorize the removal of tissue from the body of the deceased person  –\n> > \n> > > > (a) for the purpose of the transplantation of the tissue to the body of a living person; or\n> > > \n> > > > (b) [*\\[Section 24 Subsection (1) amended by No. 19 of 2006, s. 9, Applied:10 Nov 2006\\]*](/view/html/inforce/2006-11-10/act-2006-019#GS9@EN) for the purpose of the use of the tissue for other therapeutic, medical or scientific purposes.\n> \n> > (2)  Where it appears to the senior available next of kin of the deceased person, after making such inquiries (if any) as are reasonable in the circumstances, that  –\n> > \n> > > > (a) the deceased person had, during his lifetime, expressed an objection to the removal of tissue from his body and had not withdrawn that objection; or\n> > > \n> > > > (b) another next of kin of the same or a higher order of the classes in [paragraph (a)](#GS3@Gs1@Nd9@Hpa@EN) or [(b)](#GS3@Gs1@Nd9@Hpb@EN) of [the definition of ***senior available next of kin***](#GS3@Gs1@Nd9@EN) in [section 3(1)](#GS3@EN) has an objection to the removal of tissue from the body of the deceased person  –\n> > \n> > the senior available next of kin shall not, under [subsection (1)](#GS24@Gs1@EN) , authorize the removal of tissue from the body of the deceased person.\n> \n> > (3)  Subject to this Part, where, during his lifetime, a deceased person whose body is at a place other than a hospital expressed the wish for, or consented to, the removal after his death of tissue from his body for a purpose referred to in [subsection (1)](#GS24@Gs1@EN) and the wish had not been withdrawn or the consent revoked, the removal of tissue from the body of the deceased person in accordance with the wish or consent is, by force of this subsection, hereby authorized.","sortOrder":37},{"sectionNumber":"25.","sectionType":"section","heading":null,"content":"### 25.\n\n*\\[Section 25 Subsection (1) amended by No. 74 of 1995, s. 3 and Sched. 1 \\]* [*\\[Section 25 Repealed by No. 19 of 2006, s. 10, Applied:10 Nov 2006\\]*](/view/html/inforce/2006-11-10/act-2006-019#GS10@EN)","sortOrder":38},{"sectionNumber":"25A","sectionType":"section","heading":"Certificates required in certain situations","content":"### 25A Certificates required in certain situations\n\n> *\\[Section 25A Inserted by No. 51 of 1987, s. 5 \\]*\n> \n> > (1)  Where  –\n> > \n> > > > (a) a person has died within the meaning of [section 27A](#GS27A@EN) ; and\n> > > \n> > > > (b) at the time at which he died or at any time thereafter his respiration was being maintained by artificial means  –\n> > > \n> > > a designated officer for a hospital shall not give an authority under this Part in respect of that deceased person unless 2 medical practitioners, each of whom has been a medical practitioner for a period of not less than 5 years, have each certified in writing  –\n> > > \n> > > > (c) that he carried out a clinical examination of the person while the respiration of that person was being maintained by artificial means; and\n> > > \n> > > > (d) that, in his opinion, at the time of that examination, irreversible cessation of all function of the brain of the person had already occurred.\n> > \n> > Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 6 months, or both.\n> \n> > (2)  For the purposes of [subsection (1)](#GS25A@Gs1@EN) , any period during which a person who is a medical practitioner practised as a medical practitioner, however described, under the law in force in a place outside Australia shall be taken into account in calculating the period of 5 years referred to in that subsection.","sortOrder":39},{"sectionNumber":"26","sectionType":"section","heading":"Effect of authority under this Part","content":"### 26 Effect of authority under this Part\n\n> *\\[Section 26 Substituted by No. 51 of 1987, s. 6 \\]*\n> \n> > (1)  An authority under this Part is sufficient authority for a medical practitioner other than  –\n> > \n> > > > (a) a medical practitioner referred to in [section 25A](#GS25A@EN) [(1)](#GS25A@Gs1@EN) ; and\n> > > \n> > > > (b) in a case to which [section 23](#GS23@EN) applies, the designated officer who gave the authority  –\n> > \n> > to remove tissue from the body of the deceased person referred to in the authority for the purpose referred to in the authority.\n> \n> > (2)  A contravention by a designated officer of [section 25A](#GS25A@EN) [(1)](#GS25A@Gs1@EN) in relation to the giving of an authority does not affect the validity of the authority.","sortOrder":40},{"sectionNumber":"Part IIIA","sectionType":"part","heading":"Non-coronial autopsies and medical examinations","content":"# Part IIIA Non-coronial autopsies and medical examinations","sortOrder":41},{"sectionNumber":"26A","sectionType":"section","heading":"Non-coronial autopsies to be dignified","content":"### 26A Non-coronial autopsies to be dignified\n\n> In the performance of a non-coronial autopsy under this Act, regard is to be had to the dignity of the deceased person.","sortOrder":43},{"sectionNumber":"26B","sectionType":"section","heading":"Authority to perform non-coronial autopsy","content":"### 26B Authority to perform non-coronial autopsy\n\n> > (1)  A designated officer, by instrument in writing, may authorise a non-coronial autopsy of the body of a deceased person if, after making reasonable enquiries, the designated officer is satisfied that –\n> > \n> > > > (a) the deceased person is not a deceased child; and\n> > > \n> > > > (b) the deceased person had, during his or her lifetime, given written consent to the non-coronial autopsy; and\n> > > \n> > > > (c) the consent had not been withdrawn or revoked before the deceased person's death; and\n> > > \n> > > > (d) if the deceased person is an affected deceased person, the coroner has consented under [section 28A](#GS28A@EN) to the non-coronial autopsy.\n> \n> > (2)  A designated officer, by instrument in writing, may authorise a non-coronial autopsy of the body of a deceased person if, after making reasonable enquiries, the designated officer –\n> > \n> > > > (a) is not satisfied of the matters referred to in [subsection (1)](#GS26B@Gs1@EN) ; but\n> > > \n> > > > (b) is satisfied that –\n> > > > \n> > > > > > (i) the deceased person did not, during his or her lifetime, object to a non-coronial autopsy being performed after his or her death; and\n> > > > > \n> > > > > > (ii) the senior available next of kin of the deceased person has given written consent to the non-coronial autopsy; and\n> > > > > \n> > > > > > (iii) the consent of the senior available next of kin has not been withdrawn or revoked; and\n> > > > > \n> > > > > > (iv) no objection to the non-coronial autopsy has been made by any other next of kin (of the same or of a higher order of the classes of next of kin specified in [the definition of ***senior available next of kin***](#GS3@Gs1@Nd9@EN) in [section 3](#GS3@Gs1@Nd9@EN) ); and\n> > > > > \n> > > > > > (v) if the deceased person is an affected deceased person, the coroner has consented under [section 28A](#GS28A@EN) to the non-coronial autopsy.\n> \n> > (3)  However, [subsection (2)(b)(ii)](#GS26B@Gs2@Hpb@Hqii@EN) , [(iii)](#GS26B@Gs2@Hpb@Hqiii@EN) and [(iv)](#GS26B@Gs2@Hpb@Hqiv@EN) do not apply if, after making reasonable enquiries, a designated officer is unable to locate, or ascertain the existence of, any of the deceased person's next of kin.\n> \n> > (4)  The consent of a deceased person or senior available next of kin of a deceased person to a non-coronial autopsy of the deceased person may be given conditionally or unconditionally.","sortOrder":45},{"sectionNumber":"26C","sectionType":"section","heading":"Removal of tissue during non-coronial autopsy","content":"### 26C Removal of tissue during non-coronial autopsy\n\n> > (1)  A designated officer, by instrument in writing, may authorise the removal of tissue for use for therapeutic, medical or scientific purposes during a non-coronial autopsy if, after making reasonable enquiries, the designated officer is satisfied that –\n> > \n> > > > (a) the deceased person is not a deceased child; and\n> > > \n> > > > (b) the deceased person had, during his or her lifetime, given written consent for the removal and use of tissue for such purposes; and\n> > > \n> > > > (c) the consent had not been withdrawn or revoked before the deceased person's death; and\n> > > \n> > > > (d) if the deceased person is an affected deceased person, the coroner has consented under [section 28A](#GS28A@EN) to the removal of tissue.\n> \n> > (2)  A designated officer, by instrument in writing, may authorise the removal of tissue for use for therapeutic, medical or scientific purposes during a non-coronial autopsy if, after making reasonable enquiries, the designated officer –\n> > \n> > > > (a) is not satisfied of the matters referred to in [subsection (1)](#GS26C@Gs1@EN) ; but\n> > > \n> > > > (b) is satisfied that –\n> > > > \n> > > > > > (i) the deceased person did not, during his or her lifetime, object to tissue being removed for use for therapeutic, medical or scientific purposes after his or her death; and\n> > > > > \n> > > > > > (ii) the senior available next of kin of the deceased person has given written consent for the removal and use of tissue for such purposes; and\n> > > > > \n> > > > > > (iii) that consent of the senior available next of kin has not been withdrawn or revoked; and\n> > > > > \n> > > > > > (iv) no objection to the removal and use of the tissue has been made by any other next of kin (of the same or of a higher order of the classes of next of kin specified in [the definition of ***senior available next of kin***](#GS3@Gs1@Nd9@EN) in [section 3](#GS3@EN) ); and\n> > > > > \n> > > > > > (v) if the deceased person is an affected deceased person, the coroner has consented under [section 28A](#GS28A@EN) to the removal of tissue.\n> \n> > (3)  However, [subsection (2)(b)(ii)](#GS26C@Gs2@Hpb@Hqii@EN) , [(iii)](#GS26C@Gs2@Hpb@Hqiii@EN) and [(iv)](#GS26C@Gs2@Hpb@Hqiv@EN) do not apply if, after making reasonable enquiries, a designated officer is unable to locate, or ascertain the existence of, any of the deceased person's next of kin.\n> \n> > (4)  The consent of a deceased person or senior available next of kin of a deceased person to the removal of tissue for use for therapeutic, medical or scientific purposes during a non-coronial autopsy may be given conditionally or unconditionally.\n> \n> > (5)  An authorisation under this section is not required to remove tissue for diagnostic purposes during a non-coronial autopsy.","sortOrder":46},{"sectionNumber":"26D","sectionType":"section","heading":"Effect of authorisation under this Part","content":"### 26D Effect of authorisation under this Part\n\n> > (1)  In this section –\n> > \n> > > ***conditions of consent*** means the conditions attached to –\n> > > \n> > > > > (a) a consent for the performance of a non-coronial autopsy; or\n> > > > \n> > > > > (b) a consent for the removal of tissue for use for therapeutic, medical or scientific purposes during a non-coronial autopsy.\n> \n> > (2)  An authorisation given under [section 26B](#GS26B@EN) is authority for a medical practitioner, other than the designated officer giving the authorisation, to –\n> > \n> > > > (a) perform, in accordance with the conditions of consent, a non-coronial autopsy on the body of the deceased person specified in the authorisation; and\n> > > \n> > > > (b) remove such tissue from the deceased person during a non-coronial autopsy as is necessary for diagnostic purposes.\n> \n> > (3)  An authorisation given under [section 26C](#GS26C@EN) is authority for –\n> > \n> > > > (a) a medical practitioner, other than the designated officer giving the authorisation, to remove, in accordance with the conditions of consent, tissue from a deceased person during a non-coronial autopsy in accordance with the authorisation; and\n> > > \n> > > > (b) the removed tissue to be used, in accordance with the conditions of consent, for therapeutic, medical or scientific purposes.\n> \n> > (4)  If the same tissue is required for diagnostic purposes and for therapeutic, medical or scientific purposes, the tissue is to be used for diagnostic purposes first.","sortOrder":47},{"sectionNumber":"26E","sectionType":"section","heading":"Medical examination of stillborn child","content":"### 26E Medical examination of stillborn child\n\n> > (1)  In this section –\n> > \n> > > ***conditions of parental consent*** means the conditions attached to the consent of a parent of a stillborn child for –\n> > > \n> > > > > (a) the performance of a medical examination of the stillborn child; or\n> > > > \n> > > > > (b) the removal of tissue for use for therapeutic, medical or scientific purposes during a medical examination of a stillborn child;\n> > \n> > > ***stillborn child*** means a child who is stillborn and –\n> > > \n> > > > > (a) is at least 20 weeks in gestation; or\n> > > > \n> > > > > (b) if it cannot be reliably established whether the period of gestation is at least 20 weeks, has a body mass of at least 400 grams at birth.\n> \n> > (2)  A designated officer, by instrument in writing, may authorise a medical examination of a stillborn child if a parent of the stillborn child has given consent in writing to the examination.\n> \n> > (3)  An authorisation under [subsection (2)](#GS26E@Gs2@EN) is authority for a medical practitioner, other than the designated officer who gave the authorisation, to –\n> > \n> > > > (a) perform, in accordance with the conditions of parental consent, the medical examination of the stillborn child specified in the authorisation; and\n> > > \n> > > > (b) remove such tissue from the stillborn child during the medical examination as is necessary for medical testing.\n> \n> > (4)  A designated officer, by instrument in writing, may authorise the removal of tissue for use for therapeutic, medical or scientific purposes during a medical examination of a stillborn child if a parent of the stillborn child has given written consent for the tissue to be removed for use for therapeutic, medical or scientific purposes.\n> \n> > (5)  An authorisation under [subsection (4)](#GS26E@Gs4@EN) is authority for –\n> > \n> > > > (a) a medical practitioner, other than the designated officer who gave the authorisation, to remove, in accordance with the conditions of parental consent, tissue from a stillborn child during a medical examination in accordance with the authorisation; and\n> > > \n> > > > (b) the removed tissue to be used, in accordance with the conditions of parental consent, for therapeutic, medical or scientific purposes.\n> \n> > (6)  The consent of a parent of a stillborn child to a medical examination of the stillborn child, or to the removal of tissue for use for therapeutic, medical or scientific purposes from the stillborn child, may be given conditionally or unconditionally.\n> \n> > (7)  If the same tissue is required for medical testing and for therapeutic, medical or scientific purposes, the tissue is to be used for medical testing first.","sortOrder":49},{"sectionNumber":"26F","sectionType":"section","heading":"Secretary to approve or issue guidelines","content":"### 26F Secretary to approve or issue guidelines\n\n> > (1)  This section applies to a hospital where non-coronial autopsies, or medical examinations of stillborn children, are performed in accordance with this Act.\n> \n> > (2)  A hospital manager is to submit draft guidelines to the Secretary.\n> \n> > (3)  The draft guidelines –\n> > \n> > > > (a) must include guidelines on any matter specified by the Secretary; and\n> > > \n> > > > (b) may include guidelines on the following matters:\n> > > > \n> > > > > > (i) procedures relating to obtaining consent for non-coronial autopsies or medical examinations of stillborn children;\n> > > > > \n> > > > > > (ii) hospital procedures and protocols for all stages of non-coronial autopsies or medical examinations of stillborn children;\n> > > > > \n> > > > > > (iii) the collection and recording of information relating to non-coronial autopsies or medical examinations of stillborn children; and\n> > > \n> > > > (c) may include other guidelines relating to the performance of non-coronial autopsies or medical examinations of stillborn children.\n> \n> > (4)  The draft guidelines may amend, or replace, the existing guidelines for the hospital.\n> \n> > (5)  The Secretary may –\n> > \n> > > > (a) approve the draft guidelines as guidelines; or\n> > > \n> > > > (b) refuse to approve the draft guidelines.\n> \n> > (6)  The Secretary may issue guidelines, without having first received a submission under [subsection (2)](#GS26F@Gs2@EN) , that –\n> > \n> > > > (a) put guidelines in place for a hospital; or\n> > > \n> > > > (b) amend the existing guidelines of a hospital; or\n> > > \n> > > > (c) replace the existing guidelines of a hospital.\n> \n> > (7)  If the Secretary issues guidelines that amend the existing guidelines, the amendment, unless it states otherwise, is incorporated into the existing guidelines.\n> \n> > (8)  If the Secretary issues guidelines that replace the existing guidelines, the existing guidelines are rescinded unless the replacement guidelines state otherwise.\n> \n> > (9)  The Secretary may specify in the guidelines the hospital, or hospitals, to which the guidelines apply.","sortOrder":51},{"sectionNumber":"Part IV","sectionType":"part","heading":"Prohibition of Trading in Tissue","content":"# Part IV Prohibition of Trading in Tissue","sortOrder":52},{"sectionNumber":"27","sectionType":"section","heading":"Certain contracts not to be entered into","content":"### 27 Certain contracts not to be entered into\n\n> > (1)  *\\[Section 27 Subsection (1) amended by No. 51 of 1987, s. 8 and Sched. 1 \\]*Subject to this section, a person shall not enter into a contract or arrangement under which a person agrees, for valuable consideration, whether given or to be given to himself or to another person, to the sale or supply of tissue from his body or from the body of another person, whether before or after his death or the death of the other person, as the case may be.\n> > \n> > Penalty:  Fine not exceeding 5 penalty units or imprisonment for a term not exceeding 3 months, or both.\n> \n> > (2)  [Subsection (1)](#GS27@Gs1@EN) does not apply to or in relation to the sale or supply of tissue other than blood or any of its constituents if the tissue has been subjected to processing or treatment and the sale or supply is made for use, in accordance with the directions of a medical practitioner, for therapeutic or scientific purposes.\n> \n> > (3)  [Subsection (1)](#GS27@Gs1@EN) does not apply to or in relation to a contract or arrangement providing only for the reimbursement of any expenses necessarily incurred by a person in relation to the removal of tissue in accordance with this Act.\n> \n> > (4)  Where he considers it desirable by reasons of special circumstances so to do, the Minister may, by instrument in writing, approve the entering into of a contract or arrangement that would, but for the approval, be void by virtue of [subsection (5)](#GS27@Gs5@EN) and nothing in [subsection (1)](#GS27@Gs1@EN) or [(5)](#GS27@Gs5@EN) applies to and in relation to a contract or arrangement entered into in accordance with an approval under this subsection.\n> \n> > (5)  A contract or arrangement entered into in contravention of this section is void.","sortOrder":53},{"sectionNumber":"Part IVA","sectionType":"part","heading":"Definition of Death","content":"# Part IVA Definition of Death","sortOrder":54},{"sectionNumber":"27A","sectionType":"section","heading":"When death occurs","content":"### 27A When death occurs\n\n> *\\[Section 27A Inserted by No. 51 of 1987, s. 7 \\]*For the purposes of the law of Tasmania, a person has died when there has occurred  –\n> \n> > > (a) irreversible cessation of all function of the brain of the person; or\n> > \n> > > (b) irreversible cessation of circulation of blood in the body of the person.","sortOrder":55},{"sectionNumber":"Part V","sectionType":"part","heading":"Miscellaneous","content":"# Part V Miscellaneous","sortOrder":56},{"sectionNumber":"28","sectionType":"section","heading":"Act does not prevent specified removals of tissue, &c.","content":"### 28 Act does not prevent specified removals of tissue, &c.\n\n> > (1)  Nothing in this Act applies to or in relation to  –\n> > \n> > > > (a) the removal of tissue from the body of a living person in the course of a procedure or operation carried out, in the interests of the health of the person, by a medical practitioner with the consent, express or implied, given by or on behalf of the person or in circumstances necessary for the preservation of the life of the person;\n> > > \n> > > > (b) the use of tissue so removed;\n> > > \n> > > > (c) [*\\[Section 28 Subsection (1) amended by No. 26 of 2006, Sched. 2, Applied:01 Mar 2007\\]*](/view/html/inforce/2007-03-01/act-2006-026#JS2@Ja2@GC1@EN) anything done in pursuance of the [Anatomical Examinations Act 2006](/view/html/inforce/2026-04-12/act-2006-026) ;\n> > > \n> > > > (ca) [*\\[Section 28 Subsection (1) amended by No. 11 of 2024, s. 14, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS14@EN) the removal of tissue from the body of a person permitted under another Act;\n> > > \n> > > > (d) the embalming of the body of a deceased person; or\n> > > \n> > > > (e) the preparation, including the restoration of any disfigurement or mutilation, of the body of a deceased person for the purpose of interment or cremation.\n> \n> > (2)  In [subsection (1)](#GS28@Gs1@EN) , ***tissue*** has the same meaning as in [Part II](#HPII@EN) .","sortOrder":57},{"sectionNumber":"28A","sectionType":"section","heading":"Consent by coroner","content":"### 28A Consent by coroner\n\n> [*\\[Section 28A Inserted by No. 19 of 2006, s. 12, Applied:10 Nov 2006\\]*](/view/html/inforce/2006-11-10/act-2006-019#GS12@EN)\n> \n> > (1)  Before –\n> > \n> > > > (a) a senior available next of kin consents to the removal of tissue from the body of an affected deceased person; or\n> > > \n> > > > (b) a designated officer authorises the removal of tissue from the body of an affected deceased person; or\n> > > \n> > > > (c) a designated officer authorises the performance of a non-coronial autopsy of an affected deceased person –\n> > \n> > a coroner must have consented to the removal of the tissue or, as the case may be, the performance of the non-coronial autopsy.\n> \n> > (2)  However, before or after the death of an affected deceased person, a coroner may give a direction that his or her consent is not required under this section and, in that event, the deceased person is no longer an affected deceased person for the purposes of this Act.\n> \n> > (3)  A consent or direction by a coroner under this section  –\n> > \n> > > > (a) if the coroner makes the consent or direction orally, is to be confirmed in writing as soon as practicable; and\n> > > \n> > > > (b) may be on such conditions as are specified in the consent or direction.\n> \n> > (4)  [Sections 24(3)](#GS24@EN) and [26D](#GS26D@EN) do not apply in relation to an affected deceased person until a coroner has given his or her consent under [subsection (1)](#GS28@Gs1@EN) .","sortOrder":58},{"sectionNumber":"29","sectionType":"section","heading":"Exclusion of liability of person acting in pursuance of consent or authority","content":"### 29 Exclusion of liability of person acting in pursuance of consent or authority\n\n> > (1)  Subject to [subsection (2)](#GS29@Gs2@EN) , where  –\n> > \n> > > > (a) a person carries out a procedure; and\n> > > \n> > > > (b) a consent or authority given under this Act is sufficient authority under this Act for that person to carry out that procedure  –\n> > \n> > that person is not liable to any other person in respect of anything done or omitted to be done by that first-mentioned person in the carrying out of that procedure.\n> \n> > (2)  Nothing in this section relieves a person from liability for negligence in respect of anything done or omitted to be done by him in the carrying out of a procedure.","sortOrder":59},{"sectionNumber":"30","sectionType":"section","heading":"Offences","content":"### 30 Offences\n\n> > (1)  [*\\[Section 30 Subsection (1) amended by No. 11 of 2024, s. 15, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS15@Hpa@EN) *\\[Section 30 Subsection (1) amended by No. 51 of 1987, s. 8 and Sched. 1 \\]*A person shall not remove tissue from the body of a person, whether living or dead, except in accordance with a consent or authority that is, under this Act or another Act, sufficient authority for the removal of the tissue by that person.\n> > \n> > Penalty:  [*\\[Section 30 Subsection (1) amended by No. 19 of 2006, s. 13, Applied:10 Nov 2006\\]*](/view/html/inforce/2006-11-10/act-2006-019#GS13@Hpa@EN) Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 6 months, or both.\n> \n> > (1A)  [*\\[Section 30 Subsection (1A) amended by No. 11 of 2024, s. 15, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS15@Hpb@EN) [*\\[Section 30 Subsection (1A) inserted by No. 19 of 2006, s. 13, Applied:10 Nov 2006\\]*](/view/html/inforce/2006-11-10/act-2006-019#GS13@Hpb@EN) A person must not perform a non-coronial autopsy on the body of a deceased person, or a medical examination of a stillborn child, except in accordance with a consent or authority that is, under this Act or another Act, sufficient authority for the performance of the non-coronial autopsy or the medical examination by that person.\n> > \n> > Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 6 months, or both.\n> \n> > (2)  *\\[Section 30 Subsection (2) amended by No. 51 of 1987, s. 8 and Sched. 1 \\]*A person shall not, in connection with a proposal to remove tissue from the body of a person, whether living or dead, for the purpose of transplantation or for use for other therapeutic, medical, or scientific purposes, knowingly furnish information that is false or misleading concerning the suitability of the body for removal of the tissue for that purpose.\n> > \n> > Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.\n> \n> > (3)  *\\[Section 30 Subsection (3) amended by No. 51 of 1987, s. 8 and Sched. 1 \\]*A person who  –\n> > \n> > > > (a) [*\\[Section 30 Subsection (3) amended by No. 11 of 2024, s. 15, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS15@Hpc@EN) gives an authority under this Act without having made the inquiries that the person is required by this Act to make;\n> > > \n> > > > (b) makes a false statement in a certificate given for the purposes of this Act; or\n> > > \n> > > > (c) contravenes or fails to comply with a provision of [Division 6](#HPII@HD6@EN) of [Part II](#HPII@EN)  –\n> > \n> > is guilty of an offence and is punishable upon conviction by a fine not exceeding 10 penalty units or imprisonment for a term not exceeding 6 months, or both such fine and imprisonment.\n> \n> > (4)  *\\[Section 30 Subsection (4) amended by No. 74 of 1995, s. 3 and Sched. 1 \\]*Nothing in [subsection (1)](#GS30@Gs1@EN) applies to or in relation to  –\n> > \n> > > > (a) anything done in pursuance of an order by a coroner under the [Coroners Act 1995](/view/html/inforce/2026-04-12/act-1995-073) ; or\n> > > \n> > > > (b) any other act authorized by law.","sortOrder":60},{"sectionNumber":"31","sectionType":"section","heading":"Disclosure of information","content":"### 31 Disclosure of information\n\n> > (1)  *\\[Section 31 Subsection (1) amended by No. 51 of 1987, s. 8 and Sched. 1 \\]*Subject to this section, a person to whom this section applies shall not disclose or give to any other person any information or document whereby the identity of a person or a deceased person  –\n> > \n> > > > (a) [*\\[Section 31 Subsection (1) amended by No. 19 of 2006, s. 14, Applied:10 Nov 2006\\]*](/view/html/inforce/2006-11-10/act-2006-019#GS14@EN) from whose body tissue other than blood has been removed for the purpose of transplantation or for the purpose of the use of the tissue for other therapeutic, medical or scientific purposes;\n> > > \n> > > > (b) with respect to whom or with respect to whose body a consent, other than a consent under [section 18](#GS18@EN) , or authority has been given under this Act; or\n> > > \n> > > > (c) into whose body tissue other than blood has been, is being, or may be, transplanted  –\n> > \n> > may become publicly known.\n> > \n> > Penalty:  Fine not exceeding 5 penalty units or imprisonment for a term not exceeding 3 months, or both.\n> \n> > (2)  *\\[Section 31 Subsection (2) amended by No. 51 of 1987, s. 8 and Sched. 1 \\]*Subject to this section, a person to whom this section applies shall not disclose or give to any other person any information or document whereby the identity of a child from whose body blood has been removed for a purpose referred to in [section 18](#GS18@EN) may become publicly known.\n> > \n> > Penalty:  Fine not exceeding 5 penalty units or imprisonment for a term not exceeding 3 months, or both.\n> \n> > (3)  This section applies  –\n> > \n> > > > (a) where a consent has been given in accordance with this Act  – to a medical practitioner who gave a certificate in relation to the consent;\n> > > \n> > > > (b) where an authority has been given in accordance with this Act by a designated officer for a hospital  – to the designated officer;\n> > > \n> > > > (c) where tissue has been removed from the body of a person or a deceased person  – to the medical practitioner who removed the tissue and, if the tissue was removed at a hospital, each person who was employed at the hospital at the time of the removal of the tissue or has since been employed at the hospital;\n> > > \n> > > > (d) where tissue has been transplanted into the body of a person  – to the medical practitioner who performed the transplantation and, if the tissue was transplanted at a hospital, each person who was employed at the hospital at the time of the transplantation or has since been employed at the hospital; and\n> > > \n> > > > (e) where it is proposed that tissue will be transplanted into the body of a person  – to the medical practitioner who is to perform the transplantation and, if the tissue is to be transplanted at a hospital, each person who is employed at the hospital or who becomes so employed.\n> \n> > (4)  [Subsections (1)](#GS31@Gs1@EN) and [(2)](#GS31@Gs2@EN) do not apply to or in relation to information disclosed  –\n> > \n> > > > (a) in pursuance of an order of a court or when otherwise required by law;\n> > > \n> > > > (b) for the purposes of hospital administration or *bona fide* medical research;\n> > > \n> > > > (c) [*\\[Section 31 Subsection (4) amended by No. 11 of 2024, s. 16, Applied:05 Sep 2024\\]*](/view/html/inforce/2024-09-05/act-2024-011#GS16@EN) with the consent of the person to whom the information relates, or, if that person is deceased, the consent of that person's next of kin; or\n> > > \n> > > > (d) when the circumstances in which the disclosure is made are such that the disclosure is or would be privileged.","sortOrder":61},{"sectionNumber":"32","sectionType":"section","heading":"Regulations","content":"### 32 Regulations\n\n> *\\[Section 32 Amended by No. 51 of 1987, s. 8 and Sched. 1 \\]*[*\\[Section 32 Substituted by No. 19 of 2006, s. 15, Applied:10 Nov 2006\\]*](/view/html/inforce/2006-11-10/act-2006-019#GS15@EN)\n> \n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  Without limiting the generality of [subsection (1)](#GS32@Gs1@EN) , the regulations may –\n> > \n> > > > (a) provide for the making and keeping of records in connection with the removal of tissue from the body of a person (whether living or deceased), including records relating to –\n> > > > \n> > > > > > (i) the removal of tissue in the course of medical, dental or surgical treatment; and\n> > > > > \n> > > > > > (ii) the use of the tissue for any purpose; and\n> > > \n> > > > (b) provide for the making and keeping of records relating to –\n> > > > \n> > > > > > (i) a non-coronial autopsy under this Act; and\n> > > > > \n> > > > > > (ii) the use of any tissue removed under this Act for therapeutic, medical or scientific purposes; and\n> > > \n> > > > (c) prescribe information to be provided to the Secretary, or to any other specified person concerned in the administration of this Act, relating to –\n> > > > \n> > > > > > (i) the removal of tissue under this Act from the body of a person (whether living or deceased); and\n> > > > > \n> > > > > > (ii) the use of the tissue for any purpose; and\n> > > \n> > > > (d) prescribe how tissue is to be dealt with once it is no longer required for the purposes of this Act.\n> \n> > (3)  The regulations may be made so as to apply differently according to such factors as are specified in the regulations.\n> \n> > (4)  The regulations may –\n> > \n> > > > (a) provide that a contravention of any of the regulations is an offence; and\n> > > \n> > > > (b) in respect of such an offence, provide for the imposition of a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.\n> \n> > (5)  The regulations may adopt, either wholly or in part and with or without modification, and either specifically or by reference, any standards, rules, codes or specifications whether or not the standards, rules, codes or specifications are published or issued before or after the commencement of this Act.\n> \n> > (6)  A reference in [subsection (5)](#GS32@Gs5@EN) to standards, rules, codes or specifications includes a reference to an amendment to those standards, rules, codes or specifications, whether the amendment is published or issued before or after the commencement of this Act.","sortOrder":62},{"sectionNumber":"33","sectionType":"section","heading":"Consequential amendment, &c., of other Acts","content":"### 33 Consequential amendment, &c., of other Acts\n\n> > (1)  *The amendments effected by this subsection have been incorporated into the authorised version of the Anatomy Act 1964*.\n> \n> > (2)  *The amendments effected by this subsection have been incorporated into the authorised version of the Anatomy Act 1964*.\n> \n> > (3)  *The amendments effected by this subsection have been incorporated into the authorised version of the Medical Act 1959*.\n> \n> > (4)  The *Sale of Blood Act 1964* and the *Sale of Blood Act 1978* are repealed.","sortOrder":63}],"analysis":{"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"},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original core purpose: regulating the donation, removal, use, and transplantation of human tissue in Tasmania. While amendments over nearly four decades have updated definitions, procedures, and penalties to reflect evolving medical practice and ethical standards, the fundamental scope — governing consent for tissue donation from both living and deceased persons and prohibiting commercial trade in tissue — appears consistent with the original legislative intent."},"complexity_factors":["Multiple overlapping consent frameworks — covers living donors, deceased donors, and next-of-kin consent separately, each with different rules","Interaction between ethical, medical, and legal standards requires careful navigation","Definitions of 'tissue', 'organ', and related terms can be technically specific and affect who/what is covered","Age and capacity considerations — special rules apply to minors and people who cannot consent for themselves","Interplay with Commonwealth legislation (e.g., national organ donation frameworks and privacy law)","Offences and penalties provisions require understanding of criminal law concepts","Long legislative history since 1985 means multiple amendments have added complexity over time","Balancing individual autonomy, family rights, and medical necessity creates interpretive ambiguity in edge cases"],"plain_english_summary":"## Human Tissue Act 1985 (Tasmania)\n\nThis Tasmanian law governs how human body parts, organs, and tissue can be donated, removed, used, and transplanted. It sets the legal rules for organ donation after death, tissue donation during life, and the use of human tissue for medical or scientific purposes.\n\n**Who does this affect?**\n- **Everyday Tasmanians** — particularly those who want to register as organ donors, or who are next-of-kin of someone who has died and whose organs may be donated\n- **Medical professionals** — doctors, surgeons, and hospital staff involved in organ retrieval and transplantation\n- **Hospitals and health institutions** — which must follow strict rules about when and how tissue can be removed or used\n- **Researchers and scientists** — who use human tissue for medical research or education\n\n**What does it do?**\n- Sets out who can **consent** (give legal permission) to organ and tissue donation — both by living donors and on behalf of deceased persons\n- Establishes rules about **removing tissue from deceased persons**, including protections for families and requirements to check for prior consent\n- Regulates **living donors**, including protections to ensure donations are genuinely voluntary\n- Prohibits the **buying and selling** of human tissue (you cannot commercially trade organs in Tasmania)\n- Sets out rules for **post-mortem examinations** (autopsies) and the retention of tissue after death\n- Creates **offences and penalties** for breaches of these rules\n\n**Why does it matter?**\nOrgan donation saves lives, but it raises profound ethical questions about bodily autonomy, family rights, and medical ethics. This law tries to balance making organs available for transplant with protecting the dignity of the deceased and the rights of families. It also prevents exploitation by banning any commercial trade in human tissue.\n\n*Note: This is a 1985 Act that has been amended over time, with the version current as of September 2024.*"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope, as displayed in the current text, has been extended beyond a simple donation/sale framework. Notable expansions include: the addition of a detailed regime for non‑coronial autopsies and medical examinations (Part IIIA, ss.26A–26F) including dignity and guideline requirements; a research‑specific pathway for authorised donations from children tied to NHMRC codes and human research ethics approval (Division 7, ss.22A–22B); specified coroner consent rules for \"affected deceased persons\" (s.28A); and clarified definitions and separate blood/transfusion provisions (Divisions 5 and 5A, ss.17A,18–21). The Act also contains updated procedural safeguards (medical certification, revocation notification and surrender requirements (ss.9,13,22,25A)) and preserved a prohibition on trading with targeted exceptions (s.27). These additions broaden regulatory reach into autopsy procedure, research‑use of tissue (particularly from children), emergency transfusion decision‑making for children, and administrative oversight (Secretary guidelines and regulation‑making power, ss.26F,32)."},"complexity_factors":["Multiple layered consent regimes: living adults (ss.7–9), children (ss.12–13, 22B), blood (ss.17A,18–21), deceased (ss.23–26C) and stillborn (s.26E).","Designated officers and hospital managers hold discretionary authority to authorise removals and autopsies subject to \"reasonable enquiries\" (ss.4, 23, 26B, 26C).","Coroner involvement for \"affected deceased persons\": an extra legal gate for reportable deaths with power to remove the requirement (s.28A).","Detailed procedural requirements: medical certificates, revocation notification and surrender, record keeping and Secretary‑approved guidelines (ss.9,13,22,25A,26F,32).","Interaction of criminal offences, civil liability carve‑outs and negligence exposure (ss.29–30).","Prohibition on trading with nuanced exceptions (reimbursement, processed tissue, ministerial approval) (s.27) that affect market behaviour.","Privacy rules with explicit exceptions for research, administration and court orders (s.31).","Cross‑references to other Acts and external standards/codes (Coroners Act, Anatomical Examinations Act, NHMRC codes and National Statement) adding external compliance layers (see ss.3, 28, 22A, 32)."],"plain_english_summary":"# What this law does (plain English)\n\nThis Act sets out who may allow the removal and use of human tissue (including organs and substances taken from the human body), how consent must be given or revoked, who can authorise removals and autopsies, and what activity is prohibited. It applies to tissue taken from living people (donations, including blood) and tissue taken after death (donations, non‑coronial autopsies and medical examination of stillborn children). Key mechanisms and effects are listed below with the sections that govern them.\n\n- Authorises removal and use of tissue for transplantation, therapeutic, medical or scientific purposes when valid consent or an authority exists (see sections 7, 8, 12, 23, 24, 26C). A document of consent supported by a medical certificate or a written authority from a designated officer or senior next of kin is generally sufficient authority for clinicians to act (see sections 9, 13, 14–16, 23(1)–(2), 24(1), 26D).\n\n- Sets separate rules for living adult donors, child donors and blood donors. Adults may give written consent and a practitioner may certify the consent process (sections 7–9). Children may consent jointly with a parent in some cases or independently where a medical practitioner certifies the child is capable (sections 12–13). Blood donation and transfusion have distinct provisions, including emergency transfusion to children without parental consent in narrow life‑threatening circumstances (sections 17A, 18–21).\n\n- Provides a process to revoke consent and requires notification and surrender of consent documents where revocation occurs (section 22). This creates duties on hospital staff, medical practitioners and designated officers to inform others if a consent has been revoked (section 22(3)–(5)).\n\n- Creates a role for hospital managers to appoint \"designated officers\" (medical practitioners) who may authorise removals and non‑coronial autopsies after the officer makes the reasonable enquiries the Act requires (section 4; Part III and Part IIIA: sections 23, 26B–26C). The Secretary may approve or issue hospital guidelines about procedures for non‑coronial autopsies and stillborn examinations (section 26F).\n\n- Introduces a coroner gate‑keeping step for \"affected deceased persons\" (deaths that are reportable under the Coroners Act): before a senior next of kin or a designated officer can authorise removal or a non‑coronial autopsy, a coroner must consent (section 28A). A coroner may direct that their consent is not required (section 28A(2)–(3)).\n\n- Prohibits commercial trading in human tissue for valuable consideration while permitting limited exceptions (reimbursement of expenses; sale of processed, non‑blood tissue for therapeutic/scientific use under medical directions; and ministerial approvals in special circumstances) (section 27(1)–(5)).\n\n- Defines death for Tasmanian law purposes (irreversible cessation of brain function, or irreversible cessation of circulation) (section 27A).\n\n- Places limits on disclosure of identifying information about donors, recipients and children who give blood, but allows disclosure for hospital administration, bona fide research, court orders, or with consent (section 31).\n\n- Establishes criminal offences and penalties for taking tissue without lawful consent or authority, for false statements in certificates, for failing to make required enquiries before granting authorities, and for false or misleading information about suitability for removal (section 30). Section 29 limits liability for persons acting under valid consent or authority (subject to negligence rules).\n\nWhy this matters (stated purpose and practical trade-offs)\n\n- The Act’s operative purpose is to permit medical use of human tissue while imposing consent processes, privacy limits and criminal sanctions to regulate how tissue is obtained and used (see the consent, authority and offence provisions: sections 7–9, 12–13, 22, 23–26C, 27, 30, 31). That is, it simultaneously enables medical practice (authorisations for removal, autopsy and use of tissue) and restricts certain commercial and privacy behaviours.\n\n- Costs and compliance burdens: hospitals and medical practitioners carry most administrative burdens. Hospital managers must appoint designated officers (section 4). Designated officers must make \"reasonable enquiries\" before authorising removals or autopsies (sections 23, 26B, 26C) and must observe certificate and notification rules when consents are revoked (section 22). Hospitals must prepare guidelines for non‑coronial autopsies and stillborn examinations and submit them to the Secretary; the Secretary can approve or issue guidelines (section 26F). Regulations may require record‑keeping and reporting (section 32), which creates ongoing procedural costs.\n\n- Decision makers and discretion: designated officers, medical practitioners who sign certificates, hospital managers and the Secretary hold significant operational authority (sections 4, 9, 13, 23, 26F). Coroners have a statutory veto for affected deaths (section 28A). That allocates gate‑keeping power across clinical, administrative and legal actors.\n\n- Effects on private choice and markets: donors retain choice to consent and to revoke consent (sections 7, 8, 12, 22). The Act prohibits sale for valuable consideration (section 27(1)) but allows limited monetised flows (reimbursements, sale of processed non‑blood tissue used with medical directions—section 27(2)–(3)) and ministerial exemptions in special circumstances (section 27(4)). Those provisions constrain commercialisation of raw tissue while permitting certain post‑processing commerce.\n\n- Research and children: the Act creates a pathway for removal of tissue from children for approved research subject to human research ethics committee approval, specified national codes, and conditions about benefit or low risk (see Division 7: sections 22A–22B). This introduces an additional compliance layer (ethics approval and documentation) when tissue from children is sought for research.\n\n- Privacy and liability: identifying information is protected (section 31) but there are express exceptions for court orders, hospital administration, bona fide medical research, consent and privilege. Persons acting under valid consents or authorities are protected from certain liabilities except for negligence (section 29).\n\nPotential implementation risks and trade‑offs (mechanisms, not judgments)\n\n- Discretion variance: the degree of discretion given to designated officers and the Secretary (guidelines approval or issuance) may produce variation between hospitals in practice (sections 4, 26F, 23, 26B–26C).\n\n- Administrative load: the certificate, record‑keeping, notification and guideline requirements create identifiable administrative tasks and potential delays before removals or autopsies can lawfully proceed (sections 9, 13, 22, 25A, 26F, 32).\n\n- Coroner interaction: affected deaths require coroner consent before donation or non‑coronial autopsy may proceed, or a coroner may remove that requirement; this adds a legal step for deaths that are reportable under the Coroners Act (section 28A).\n\nWho pays and who decides (summary)\n\n- Who pays: the Act prohibits payment for tissue itself and allows reimbursement of necessary expenses (section 27(1), (3)). The practical costs of administration, record‑keeping and compliance fall on hospitals and medical practitioners (sections 4, 26F, 32).\n\n- Who decides: donors (or parents when applicable) decide to give or revoke consent (sections 7, 8, 12, 22). Designated officers/hospital managers decide whether to authorise removals and non‑coronial autopsies after making reasonable enquiries (sections 4, 23, 26B–26C). Medical practitioners certify consent and make clinical judgments (sections 9, 13, 25A, 26C). Coroners decide on consent requirement status for affected deceased persons (section 28A). The Secretary sets and approves hospital guidelines (section 26F).\n\nKey sections for quick reference: definitions and consent (sections 3, 5, 7–13), revocation and research (sections 22, 22A–22B), post‑mortem authority and non‑coronial autopsies (sections 23–26D, Part IIIA), prohibition on trading (section 27), coroner role (section 28A), offences and privacy (sections 30–31), regulations and guidelines (sections 26F, 32)."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1985 scope. Initially focused primarily on organ donation and transplantation, it now encompasses: (1) non-coronial autopsies and medical examinations of stillborn children (Part IIIA, inserted 2006); (2) detailed blood transfusion protocols including emergency administration to children without parental consent (Division 5A, inserted 2008); (3) governance of human research ethics and tissue use for scientific purposes (Division 7, inserted 2024); (4) brain death determination for transplantation purposes (Part IVA, inserted 1987); and (5) complex administrative frameworks including Secretary-approved guidelines for hospitals. The 2024 amendments particularly broadened the scope to regulate research tissue collection from children with specific risk assessments, moving beyond purely therapeutic contexts."},"complexity_factors":["Multiple overlapping consent pathways depending on whether donor is living/deceased/child/adult (Part II vs Part III vs Part IIIA)","Hierarchical definition of 'senior available next of kin' with 5 tiers including Aboriginal customary law provisions (s. 3)","Conditional logic throughout: exceptions to general rules (e.g., s. 26B(3) waives next-of-kin requirements if relatives cannot be found)","Cross-references to external instruments: Australian Code for Responsible Conduct of Research, National Statement on Ethical Conduct in Human Research, NHMRC Act (s. 22A)","Interaction with coronial system: 'affected deceased person' status triggers coroner consent requirements (ss. 3, 25A, 28A)","Temporal conditions: 24-hour cooling-off period for non-regenerative tissue removal (s. 8), brain death certification requirements (s. 25A)","Role conflicts: designated officers cannot act if previously involved in care or likely to perform autopsy (s. 4)","Nested definitions: 'tissue' includes organs, parts, substances; 'regenerative' vs 'non-regenerative' tissue triggers different consent rules","Multiple amendment layers: extensive editorial notes showing amendments from 1987, 1995, 2003, 2006, 2008, 2010, 2024 creating fragmented reading experience","Dual-purpose tissue use rules: diagnostic purposes take priority over research (ss. 26D(4), 26E(7))"],"plain_english_summary":"**What this law does:**\n\nThe *Human Tissue Act 1985* (Tasmania) sets the legal rules for removing, using, and donating human tissue — from living people, deceased people, and stillborn children. It covers organ donation, blood transfusions, autopsies (medical examinations of bodies after death), and medical research.\n\n**Who it affects:**\n\n- **Patients and families** — anyone considering donating blood, organs, or tissue; families making decisions about deceased loved ones\n- **Doctors and nurses** — who must follow strict consent and certification rules before removing tissue\n- **Hospitals** — which must appoint \"designated officers\" to authorise procedures and keep records\n- **Researchers** — who need proper ethics approval to use tissue for scientific purposes\n\n**Key things the law covers:**\n\n- **Living donors:** Adults can consent to give regenerative tissue (like bone marrow) or non-regenerative tissue (like a kidney). Children need parental consent plus medical approval, though mature children can sometimes consent independently for blood transfusions or family donations.\n- **Blood donations:** Special rules allow emergency blood transfusions to children without parental consent if the child is dying and delay would be dangerous.\n- **After death:** Tissue can be removed for transplantation or research if the person consented while alive, or if their \"senior available next of kin\" (spouse/partner, then children, then parents, then siblings) gives consent. Aboriginal cultural traditions are recognised in determining next of kin.\n- **Autopsies:** \"Non-coronial autopsies\" (medical examinations not ordered by a coroner) require consent from the deceased person (if given while alive) or next of kin. Special rules apply if the death is reportable to a coroner.\n- **Stillborn children:** Parents can consent to medical examinations and tissue donation.\n- **What's banned:** Selling human tissue for profit (with limited exceptions for processed tissue used in treatment).\n- **Privacy:** Strict confidentiality rules protect the identity of donors and recipients.\n\n**Why it matters:**\n\nThis law balances saving lives through transplantation and research against protecting people's bodily autonomy and dignity. It ensures no one can take your tissue without proper consent, establishes clear decision-making hierarchies when someone dies, and prevents commercial exploitation of human body parts. The 2024 amendments strengthened children's rights to consent independently in certain situations and updated research governance rules."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/human-tissue-act-1985","history":"/api/acts/human-tissue-act-1985/history","analysis":"/api/acts/human-tissue-act-1985/analysis","conflicts":"/api/acts/human-tissue-act-1985/conflicts","importantCases":"/api/acts/human-tissue-act-1985/important-cases","documents":"/api/acts/human-tissue-act-1985/documents"}}