{"id":"a-1978-44","name":"Transplantation and Anatomy Act 1978","slug":"transplantation-and-anatomy-act-1978","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"44 of 1978","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24502,"registerId":"act-a-1978-44-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Transplantation and Anatomy Act 1978","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nTransplantation and Anatomy Act 1978\nA1978-44\nRepublication No 18\nEffective: 10 December 2022\nRepublication date: 10 December 2022\nLast amendment made by A2022-24\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Transplantation and Anatomy Act 1978 (including any amendment\nmade under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n10 December 2022. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 10 December 2022.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR18\n10/12/22\nTransplantation and Anatomy Act 1978\nEffective: 10/12/22\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nTransplantation and Anatomy Act 1978\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n2 Dictionary 2\n3 Notes 2\n4 Meaning of transplantation 2\n5 Designated officers 3\nPart 2 Donations of tissue by living persons\nDivision 2.1 Exclusion of certain tissue\n6 Meaning of tissue in pt 2 4\nDivision 2.2 Donations by adults\n7 Blood transfusions not subject to div 2.2 4\n8 Consent by adult living donor to removal of regenerative tissue 4\n\nContents\nPage\ncontents 2 Transplantation and Anatomy Act 1978\nEffective: 10/12/22\nR18\n10/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Consent by adult living donor to removal of non-regenerative tissue for\ntransplantation 4\n10 Doctor may give certificate in relation to consent 5\nDivision 2.3 Donations from children\n11 Blood transfusions not subject to div 2.3 5\n12 Reference to parent not to include guardian etc 5\n13 Removal for transplantation of regenerative tissue from body of child 6\n14 Removal for transplantation of non-regenerative tissue from body of\nchild 6\nDivision 2.4 Effect of consents and authorities\n15 Effect of consent under s 8 8\n16 Effect of consent under s 9 9\n16A Effect of consent by ACAT 9\n17 Effect of consent under s 13 9\n18 Effect of authority under s 14 10\n19 When written consent not sufficient authority 10\nDivision 2.5 Blood transfusions\n20 Consents by people 16 years old or older to removal of blood 11\n21 Consents to removal of blood from children under 16 years old 11\n22 Consent to be sufficient authority for removal of blood at certain places 12\n23 Administration of blood transfusions to children without parental\nconsent 12\nDivision 2.6 Revocation of consent or agreement\n24 Revocation of consent 13\n25 Child no longer in agreement with removal and transplantation 15\nPart 3 Donations of tissue after death\n27 Authority to remove tissue if body of deceased at hospital 17\n28 Authority to remove tissue if body of deceased not at hospital 18\n29 Consent by coroner—pt 3 19\n30 Certificate of specialist etc required in certain situations 20\n31 Effect of authority under pt 3 21\nPart 4 Post-mortem examinations\n32 Authority for post-mortem examination 23\n\nContents\nPage\nR18\n10/12/22\nTransplantation and Anatomy Act 1978\nEffective: 10/12/22\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n33 Authority for post-mortem examination if body of deceased not at\nhospital 24\n34 Consent by coroner—pt 4 25\n35 Effect of authority under pt 4 26\nPart 5 Donations for anatomical purposes\n36 Meaning of school of anatomy—pt 5 27\n37 Authority for anatomy if body of deceased at hospital 27\n38 Authority for anatomy if body of deceased not at hospital 28\n39 Provisions applicable if deceased person consented to retention of his\nor her body for anatomy 29\n40 Consent by coroner—pt 5 29\n41 Effect of authority under pt 5 30\nPart 6 Schools of anatomy\n42 Schools of anatomy 31\n43 Regulations for the control etc of schools of anatomy 31\nPart 7 Prohibition of trading in tissue\n44 Certain contracts not to be entered into 33\nPart 8 Definition of death\n45 When death occurs 34\nPart 9 Miscellaneous\n46 Act does not prevent specified removals of tissue etc 35\n47 Exclusion of liability of person acting under consent or authority 35\n48 Offences 36\n49 Disclosure of information 37\n51 Regulation-making power 40\nDictionary 41\nEndnotes\n1 About the endnotes 44\n\nContents\nPage\ncontents 4 Transplantation and Anatomy Act 1978\nEffective: 10/12/22\nR18\n10/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2 Abbreviation key 44\n3 Legislation history 45\n4 Amendment history 49\n5 Earlier republications 53\n\nR18\n10/12/22\nTransplantation and Anatomy Act 1978\nEffective: 10/12/22\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nTransplantation and Anatomy Act 1978\nAn Act to make provision for and in relation to the removal of human tissues for\ntransplantation, for post-mortem examinations, for the definition of death, for the\nregulation of schools of anatomy, and for related purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Transplantation and Anatomy Act 1978\nEffective: 10/12/22\nR18\n10/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Transplantation and Anatomy Act 1978.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘school of anatomy, for part 5\n(Donations for anatomical purposes)—see section 36.’ means that the\nterm ‘school of anatomy’ is defined in that section for part 5.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.\n4 Meaning of transplantation\nFor this Act, the transplantation of tissue includes the transplantation\nof any part of the tissue and the transplantation of a substance\nobtained from the tissue.\n\nPreliminary Part 1\nSection 5\nR18\n10/12/22\nTransplantation and Anatomy Act 1978\nEffective: 10/12/22\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Designated officers\n(1) The Minister may appoint a person as a designated officer for a\nhospital run by the Territory.\n(2) The entity having management and control of a hospital not run by\nthe Territory may appoint a person as a designated officer for the\nhospital.\n(3) A person must not be appointed as a designated officer unless—\n(a) the person is a doctor; or\n(b) the appointer is satisfied the person has suitable clinical\nknowledge and experience in relation to organ and tissue\nretrieval and transplantation.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see Legislation\nAct, s 207).\nNote 3 Certain Ministerial appointments require consultation with an Assembly\ncommittee and are disallowable (see Legislation Act, div 19.3.3).\n\nPart 2 Donations of tissue by living persons\nDivision 2.1 Exclusion of certain tissue\nSection 6\npage 4 Transplantation and Anatomy Act 1978\nEffective: 10/12/22\nR18\n10/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Donations of tissue by living\npersons\nDivision 2.1 Exclusion of certain tissue\n6 Meaning of tissue in pt 2\nIn this part:\ntissue does not include fetal tissue, spermatozoa or ova.\nDivision 2.2 Donations by adults\n7 Blood transfusions not subject to div 2.2\nNothing in this division prevents the removal in accordance with\ndivision 2.5 of blood from the body of a person.\n8 Consent by adult living donor to removal of regenerative\ntissue\nA person may give his or her written consent to the removal from his\nor her body of specified regenerative tissue (other than blood)—\n(a) for the purpose of the transplantation of the tissue to the body of\nanother living person; or\n(b) for use for other therapeutic purposes or for medical or scientific\npurposes.\n9 Consent by adult living donor to removal of non-\nregenerative tissue for transplantation\n(1) A person may give his or her written consent to the removal from his\nor her body, at any time after the end of 24 hours from the time when\nthe consent is given, of specified non-regenerative tissue for the\npurpose of the transplantation of the tissue to the body of another\nliving person.\n\nDonations of tissue by living persons Part 2\nDonations from children Division 2.3\nSection 10\nR18\n10/12/22\nTransplantation and Anatomy Act 1978\nEffective: 10/12/22\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) A consent given under subsection (1) shall specify the time when the\nconsent is given.\n10 Doctor may give certificate in relation to consent\nA doctor may certify in writing—\n(a) that the written consent of a person, the terms of which consent\nare set out in the certificate, was given in his or her presence;\nand\n(b) that he or she explained to the person before the consent was\ngiven the nature and effect of the removal from the body of that\nperson of the tissue specified in the consent; and\n(c) that he or she is satisfied—\n(i) that, at the time the consent was given, the person was at\nleast 18 years old; and\n(ii) that, at that time, the person was of sound mind; and\n(iii) that the consent was freely given.\nDivision 2.3 Donations from children\n11 Blood transfusions not subject to div 2.3\nNothing in this division prevents the removal in accordance with\ndivision 2.5 of blood from the body of a child.\n12 Reference to parent not to include guardian etc\nIn this division, a reference to the parent of a child does not include\na reference to the guardian of a child or to another person standing in\nplace of a parent to the child.\n\nPart 2 Donations of tissue by living persons\nDivision 2.3 Donations from children\nSection 13\npage 6 Transplantation and Anatomy Act 1978\nEffective: 10/12/22\nR18\n10/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n13 Removal for transplantation of regenerative tissue from\nbody of child\n(1) A person who is a parent of a child may give his or her written consent\nto the removal from the body of the child of specified regenerative\ntissue for the purpose of the transplantation of the tissue to the body\nof another member of the family of the child or to the body of a\nrelative of the child.\n(2) A doctor may certify in writing—\n(a) that the written consent of a person who is a parent of a child,\nthe terms of which consent are set out in the certificate, was\ngiven in his or her presence; and\n(b) that he or she explained to the person and to the child before the\nconsent was given the nature and effect of the removal from the\nbody of that child of the tissue specified in the consent and the\nnature of the transplantation of that tissue; and\n(c) that he or she is satisfied that, at the time the consent was given,\nthe child—\n(i) understood the nature and effect of the removal of the\ntissue and the nature of the transplantation; and\n(ii) was in agreement with the proposed removal and\ntransplantation of tissue.\n14 Removal for transplantation of non-regenerative tissue\nfrom body of child\n(1) A person who is a parent of a child may give his or her written consent\nto the removal from the body of the child, at any time after the end of\n24 hours from the time when the consent is given, of specified non-\nregenerative tissue for the purpose of the transplantation of the tissue\nto the body of another member of the family of the child.\n(2) A consent given under subsection (1) shall specify the time when the\nconsent is given.\n\nDonations of tissue by living persons Part 2\nDonations from children Division 2.3\nSection 14\nR18\n10/12/22\nTransplantation and Anatomy Act 1978\nEffective: 10/12/22\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) A doctor may certify in writing—\n(a) that the consents in writing of both persons who are the parents\nof a child, the terms of which consents are set out in the\ncertificate, were given in his or her presence; and\n(b) that, before the consents were given—\n(i) he or she advised those persons and the child that a person\nwho was a member of the family of the child was in danger\nof dying unless certain non-regenerative tissue was\ntransplanted to the body of that person from the body of\nanother person; and\n(ii) he or she explained to those persons and the child the\nnature and effect of the removal from the body of the child\nof the tissue specified in the consent and the nature of the\ntransplantation of that tissue; and\n(c) that he or she is satisfied that, at the time the consent was given,\nthe child—\n(i) understood the nature and effect of the removal of the\ntissue and the nature of the transplantation; and\n(ii) was in agreement with the proposed removal and\ntransplantation of tissue.\n(4) If each of the parents of a child gives a written consent under\nsubsection (1) and a doctor gives a certificate in accordance with\nsubsection (3) in relation to those consents, the doctor who gives that\ncertificate shall refer the matter to the committee appointed in\naccordance with subsection (5).\n(5) The Minister must appoint the following to be a committee for this\nsection:\n(a) a judge of the Supreme Court;\n(b) a doctor;\n\nPart 2 Donations of tissue by living persons\nDivision 2.4 Effect of consents and authorities\nSection 15\npage 8 Transplantation and Anatomy Act 1978\nEffective: 10/12/22\nR18\n10/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) a social worker or psychologist.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see Legislation\nAct, s 207).\nNote 3 Certain Ministerial appointments require consultation with an Assembly\ncommittee and are disallowable (see Legislation Act, div 19.3.3).\n(6) If only 1 parent of a child is available and that parent gives a written\nconsent under subsection (1), a doctor who gives a certificate in\nrelation to that consent that is restricted in all respects to that parent\nand the child but is otherwise in accordance with subsection (3) shall\nrefer the matter to the committee appointed in accordance with\nsubsection (5).\n(7) If a doctor, in accordance with this section, refers a matter to the\ncommittee appointed for this section, the committee may, if each of\nthe members of the committee is of the opinion that it is desirable in\nall the circumstances of the case that the tissue referred to in the\nconsent or consents, as the case may be, be removed from the body\nof the child for transplantation to the body of the other person referred\nto in the consent or consents to, authorise, in writing, the removal of\nthat tissue for the purpose of transplantation to the body of that other\nperson.\nDivision 2.4 Effect of consents and authorities\n15 Effect of consent under s 8\nSubject to section 19, a document that purports to be a consent given\nin accordance with section 8 is, if a certificate has been given in\naccordance with section 10 in relation to that consent, sufficient\nauthority for a doctor, other than the doctor who gave the certificate,\nto remove the regenerative tissue specified in the consent for the\npurpose or the use, as the case may be, specified in the consent.\n\nDonations of tissue by living persons Part 2\nEffect of consents and authorities Division 2.4\nSection 16\nR18\n10/12/22\nTransplantation and Anatomy Act 1978\nEffective: 10/12/22\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n16 Effect of consent under s 9\nSubject to section 19, a document that purports to be a consent given\nin accordance with section 9 is, if a certificate has been given in\naccordance with section 10 in relation to that consent, sufficient\nauthority for a doctor, other than the doctor who gave the certificate,\nto remove, at any time after the end of 24 hours from the time\nspecified in the consent to be the time when the consent was given,\nthe non-regenerative tissue specified in the consent for the purpose of\nthe transplantation of the tissue to the body of another living person.\n16A Effect of consent by ACAT\nSubject to section 19, an order by the ACAT under the Guardianship\nand Management of Property Act 1991, section 70 consenting to the\nremoval of specified non-regenerative tissue from a person for\ntransplantation is sufficient authority for a doctor to remove, at any\ntime after 24 hours after the time the order was made, the non-\nregenerative tissue specified in the order for the purpose of\ntransplantation of the tissue to the body of another living person.\n17 Effect of consent under s 13\nSubject to section 19, a document that purports to be a consent given\nin accordance with section 13 (1) is, if a certificate has been given in\naccordance with section 13 (2) in relation to that consent, sufficient\nauthority for a doctor, other than the doctor who gave the certificate,\nto remove the regenerative tissue specified in the consent for the\npurpose specified in the consent.\n\nPart 2 Donations of tissue by living persons\nDivision 2.4 Effect of consents and authorities\nSection 18\npage 10 Transplantation and Anatomy Act 1978\nEffective: 10/12/22\nR18\n10/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n18 Effect of authority under s 14\n(1) Subject to subsection (2), an authority given in accordance with\nsection 14 by the committee established for that section is sufficient\nauthority for a doctor, other than the doctor who gave a certificate in\naccordance with that section, to remove, at any time after the end of\n24 hours from the time when the latest relevant consent under\nsection 14 (1) was given, the non-regenerative tissue specified in the\nauthority for the purpose of transplantation to the body of the other\nperson referred to in the authority.\n(2) Subsection (1) does not apply in relation to a doctor—\n(a) who has been informed—\n(i) that a consent given under section 14 (1) that is relevant in\nrelation to the authority has been revoked; or\n(ii) that the child referred to in the consent is no longer in\nagreement with the removal and transplantation of the\ntissue specified in the authority; or\n(b) who knows or has reasonable grounds for suspecting that the\ncertificate given in accordance with section 14 that is relevant in\nrelation to the authority contains a false statement.\n19 When written consent not sufficient authority\n(1) A document that purports to be a consent given in accordance with\nsection 8, 9 or 13 (1) is not sufficient authority for a doctor to remove\ntissue if—\n(a) the doctor has been informed that the consent has been revoked;\nor\n(b) the doctor knows or has reasonable grounds for suspecting that\na certificate given for section 10 or 13 (2), as the case may be,\nin relation to that document contains a false statement; or\n\nDonations of tissue by living persons Part 2\nBlood transfusions Division 2.5\nSection 20\nR18\n10/12/22\nTransplantation and Anatomy Act 1978\nEffective: 10/12/22\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) for a document that purports to be a consent given in accordance\nwith section 13 (1)—the doctor has been informed that the child\nis no longer in agreement with the removal and transplantation\nof the tissue.\n(2) A document that purports to be an order of the kind mentioned in\nsection 16A is not sufficient authority for a doctor to remove tissue if\nthe doctor has been informed that the order has been revoked.\nDivision 2.5 Blood transfusions\n20 Consents by people 16 years old or older to removal of\nblood\nA person, other than a child under 16 years old, who is of sound mind\nmay consent to the removal of blood from his or her body—\n(a) for transfusion to another person; or\n(b) for the purpose of the use of the blood or of any of its\nconstituents for other therapeutic purposes or for medical or\nscientific purposes.\n21 Consents to removal of blood from children under 16\nyears old\nThe parent of a child under 16 years old may consent to the removal\nof blood from the body of the child for a purpose referred to in section\n20 if—\n(a) a doctor advises that the removal is not likely to be prejudicial\nto the health of the child; and\n(b) the child agrees to the removal.\n\nPart 2 Donations of tissue by living persons\nDivision 2.5 Blood transfusions\nSection 22\npage 12 Transplantation and Anatomy Act 1978\nEffective: 10/12/22\nR18\n10/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n22 Consent to be sufficient authority for removal of blood at\ncertain places\nA consent duly given under section 20 or 21 is sufficient authority for\nthe removal of blood from the body of the person who has given the\nconsent, or from the body of the child of the person who has given\nthe consent, as the case requires—\n(a) at a hospital; or\n(b) at premises, or in a vehicle, used by the Australian Red Cross\nSociety, or by another body approved by the Minister for this\ndivision, for the removal of blood from the bodies of persons.\n23 Administration of blood transfusions to children without\nparental consent\n(1) In this section:\nblood transfusion means the transfusion of human blood or any of\nthe constituents of human blood.\nchild means a person who has not turned 18 years old.\n(2) The operation of removing all or part of the blood of a person and\nreplacing it with blood taken from another person shall, for this\nsection, be deemed to be a blood transfusion.\n(3) Subject to subsection (4), a doctor may administer a blood transfusion\nto a child without the consent of a parent of the child or a person\nhaving authority to consent to the administration of the transfusion\nif—\n(a) that doctor and at least 1 other doctor are of the opinion that the\nchild is in danger of dying and that the administration of a blood\ntransfusion to the child is the best means of preventing the death\nof the child; and\n(b) the firstmentioned doctor has satisfied himself or herself that the\nblood to be transfused is compatible with the blood of the child.\n\nDonations of tissue by living persons Part 2\nRevocation of consent or agreement Division 2.6\nSection 24\nR18\n10/12/22\nTransplantation and Anatomy Act 1978\nEffective: 10/12/22\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) A doctor is not entitled to administer a blood transfusion to a child\nunder subsection (3) unless—\n(a) a parent of the child, or a person having authority to consent to\nthe administration of the transfusion, on being asked to consent\nto the administration of the transfusion, has failed to give his or\nher consent; or\n(b) the doctor is of the opinion that, in the circumstances, it is not\npracticable to delay the administration of the transfusion until\nthe consent of a parent of the child or a person having authority\nto consent to the administration of the transfusion can be\nobtained.\n(5) If a blood transfusion is administered to a child in accordance with\nthis section, the transfusion shall, for all purposes, be deemed to have\nbeen administered with the consent of a parent of the child or a person\nhaving authority to consent to the administration of the transfusion.\n(6) Nothing in this section relieves a doctor from liability in relation to\nthe administration of a blood transfusion to a child, being a liability\nto which he or she would have been subject if the transfusion had\nbeen administered with the consent of a parent of the child or a person\nhaving authority to consent to the administration of the transfusion.\nDivision 2.6 Revocation of consent or agreement\n24 Revocation of consent\n(1) A reference in this section, in relation to a consent given for this Act,\nto the donor is—\n(a) if the consent is given in relation to a child—a reference to the\nchild; and\n(b) in any other case—a reference to the person who gave the\nconsent.\n\nPart 2 Donations of tissue by living persons\nDivision 2.6 Revocation of consent or agreement\nSection 24\npage 14 Transplantation and Anatomy Act 1978\nEffective: 10/12/22\nR18\n10/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) A person who gives a consent for this Act may at any time afterwards\nrevoke that consent by indicating, either orally or in writing—\n(a) if the donor, in relation to that consent, is a patient in a\nhospital—\n(i) to a designated officer for that hospital; or\n(ii) to a doctor who is attending the donor in a professional\ncapacity; or\n(iii) to a nurse or enrolled nurse employed at that hospital; and\n(b) if the donor is not a patient in a hospital—to a doctor who is\nattending the donor in a professional capacity;\nthat the consent is revoked.\n(3) If—\n(a) the donor is a patient in a hospital; and\n(b) the person who gave the consent for this Act indicates to a\nperson referred to in subsection (2) (a) (ii) or (iii) that the\nconsent is revoked;\nthat person shall inform a designated officer for that hospital\nforthwith of the revocation of the consent.\n(4) If a person revokes his or her consent in accordance with\nsubsection (2)—\n(a) if the donor is a patient in a hospital at the time of the\nrevocation—the designated officer for the hospital to whom the\nrevocation is communicated in accordance with subsection (2)\nor (3); or\n\nDonations of tissue by living persons Part 2\nRevocation of consent or agreement Division 2.6\nSection 25\nR18\n10/12/22\nTransplantation and Anatomy Act 1978\nEffective: 10/12/22\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) if the donor is not a patient in a hospital at that time—the doctor\nto whom the revocation is communicated;\nshall, if it appears to him or her, after making the inquiries (if any)\nthat are reasonable in the circumstances, that a doctor is proposing to\nrely on the consent in connection with the removal of tissue from the\nbody of the donor, inform that doctor forthwith that the consent has\nbeen revoked.\n(5) If a consent is revoked, a person who has in his or her possession the\ninstrument of consent shall, on being informed by a designated officer\nfor a hospital or by the doctor to whom the revocation is\ncommunicated that the consent has been revoked, surrender—\n(a) that instrument; and\n(b) if a certificate given in accordance with section 10, 13 (2) or\n14 (3) is in his or her possession, being a certificate relating to\nthe consent—that certificate;\nto the person who gave the consent.\n25 Child no longer in agreement with removal and\ntransplantation\n(1) If a doctor has given a certificate in accordance with section 13 (2) or\n14 (3) and the child in relation to whom the certificate has been given\ninforms—\n(a) if the child is a patient in a hospital—\n(i) a designated officer for that hospital; or\n(ii) a doctor who is attending the child in a professional\ncapacity; or\n(iii) a nurse or enrolled nurse employed at that hospital; and\n\nPart 2 Donations of tissue by living persons\nDivision 2.6 Revocation of consent or agreement\nSection 25\npage 16 Transplantation and Anatomy Act 1978\nEffective: 10/12/22\nR18\n10/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) if the child is not a patient in a hospital—a doctor who is\nattending the child in a professional capacity;\nthat he or she is no longer in agreement with the proposed removal\nand transplantation of tissue, subsections (2) to (4) have effect.\n(2) If—\n(a) the child is a patient in a hospital; and\n(b) the person whom he or she so informs is a person referred to in\nsubsection (1) (a) (ii) or (iii);\nthat person shall inform a designated officer for that hospital\nforthwith that the child is no longer in agreement with the proposed\nremoval and transplantation of tissue.\n(3) The designated officer for the hospital or, if the child is not a patient\nin a hospital, the doctor who is attending the child in a professional\ncapacity shall, if it appears to him or her, after making the inquiries\n(if any) that are reasonable in the circumstances, that a doctor is\nproposing to remove the tissue from the body of the child, inform that\ndoctor forthwith that the child is no longer in agreement with the\nproposed removal and transplantation of tissue.\n(4) A person who is informed that the child is no longer in agreement\nwith the proposed removal and transplantation of tissue shall, if he or\nshe has in his or her possession the instrument of consent that relates\nto the removal and transplantation of the tissue, surrender—\n(a) that instrument; and\n(b) if the certificate given in accordance with subsection 13 (2) or\n14 (3) is in his or her possession—that certificate;\nto the person who gave the consent.\n\nDonations of tissue after death Part 3\nSection 27\nR18\n10/12/22\nTransplantation and Anatomy Act 1978\nEffective: 10/12/22\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Donations of tissue after death\n27 Authority to remove tissue if body of deceased at\nhospital\n(1) Subject to this part, if it appears to a designated officer for a hospital,\nafter making the inquiries that are reasonable in the circumstances,\nthat a deceased person who has died in the hospital or whose dead\nbody has been brought into the hospital—\n(a) had, during his or her lifetime, expressed the wish for, or\nconsented to, the removal after his or her death of tissue from\nhis or her body—\n(i) for the purpose of the transplantation of the tissue to the\nbody of a living person; or\n(ii) for the purpose of the use of the tissue for other therapeutic\npurposes or for medical or scientific purposes; and\n(b) had not withdrawn the wish or revoked the consent;\nthe designated officer may, in writing, authorise the removal of tissue\nfrom the body of the deceased person for that purpose.\n(2) Subject to this part, if it appears to a designated officer for a hospital,\nafter making the inquiries that are reasonable in the circumstances in\nrelation to a deceased person who has died in the hospital or whose\ndead body has been brought into the hospital, that—\n(a) the designated officer is not authorised by subsection (1) to give\nan authority in relation to that person; and\n(b) the deceased person had not, during his or her lifetime,\nexpressed an objection to the removal of tissue from his or her\nbody; and\n\nPart 3 Donations of tissue after death\nSection 28\npage 18 Transplantation and Anatomy Act 1978\nEffective: 10/12/22\nR18\n10/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the senior available next of kin of the deceased person has not\nobjected to the removal of tissue from the body of the deceased\nperson;\nthe designated officer may, in writing, authorise the removal of tissue\nfrom the body of the deceased person for any of the purposes referred\nto in subsection (1) (a).\n(3) If a designated officer for a hospital, after making the inquiries that\nare reasonable in the circumstances, is unable to ascertain the\nexistence or whereabouts of the next of kin of the deceased person,\nsubsection (2) applies as if paragraph (c) were omitted.\n(4) The senior available next of kin of a person may make it known to a\ndesignated officer at any time when the person is unconscious before\ndeath that he or she has no objection to the removal, after the death of\nthe person, of tissue from the body of the person for a purpose referred\nto in subsection (1), but the designated officer shall not act on such\nan indication if the person recovers consciousness.\n(5) If there are 2 or more persons having a description referred to in a\nsubparagraph of the dictionary, definition of senior available next of\nkin, paragraph (a) or (b), an objection by any 1 of those persons has\neffect for this section notwithstanding any indication to the contrary\nby the other or any other of those persons.\n28 Authority to remove tissue if body of deceased not at\nhospital\n(1) Subject to this part, if the body of a deceased person is at a place other\nthan a hospital, the senior available next of kin of the deceased person\nmay, in writing, authorise the removal of tissue from the body of the\ndeceased person—\n(a) for the purpose of the transplantation of the tissue to the body of\na living person; or\n(b) for the purpose of the use of the tissue for other therapeutic\npurposes or for medical or scientific purposes.\n\nDonations of tissue after death Part 3\nSection 29\nR18\n10/12/22\nTransplantation and Anatomy Act 1978\nEffective: 10/12/22\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If it appears to the senior available next of kin of the deceased person,\nafter making the inquiries (if any) that are reasonable in the\ncircumstances, that—\n(a) the deceased person had, during his or her lifetime, expressed an\nobjection to the removal of tissue from his or her body and had\nnot withdrawn that objection; or\n(b) another next of kin of the same or a higher order of the classes\nin the dictionary, definition of senior available next of kin,\nparagraph (a) or (b) has an objection to the removal of tissue\nfrom the body of the deceased person;\nthe senior available next of kin shall not, under subsection (1),\nauthorise the removal of tissue from the body of the deceased person.\n(3) If a deceased person, during his or her lifetime, expressed the wish\nfor, or consented to, the removal after his or her death of tissue from\nhis or her body for a purpose referred to in subsection (1) and the wish\nhad not been withdrawn or the consent revoked, the removal of tissue\nfrom the body of the deceased person in accordance with the wish or\nconsent is, by force of this subsection, authorised.\n29 Consent by coroner—pt 3\n(1) This section applies to a person if a coroner is or may be required,\nunder the Coroners Act 1997, section 13 (1), to hold an inquest into\nthe person’s death.\n(2) A designated officer for a hospital or a senior available next of kin,\nas the case may be, shall not authorise the removal of tissue from the\nbody of a deceased person to whom this section applies unless the\ncoroner has given his or her consent to the removal of the tissue.\n(3) Section 28 (3) does not apply in relation to a deceased person to\nwhom this section applies unless the coroner has given his or her\nconsent to the removal of tissue from the body of the deceased person.\n\nPart 3 Donations of tissue after death\nSection 30\npage 20 Transplantation and Anatomy Act 1978\nEffective: 10/12/22\nR18\n10/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) A coroner may give a direction, either before or after the death of a\nperson to whom this section applies, that a coroner’s consent to the\nremoval of tissue from the body of the person after the death of the\nperson is not required and, in that event, subsections (2) and (3) do\nnot apply in relation to the removal of tissue from the body of the\nperson.\n(5) A consent or direction by the coroner under this section may be\nexpressed to be subject to the conditions that are specified in the\nconsent or the direction.\n(6) A consent or direction may be given orally by the coroner, and if so\ngiven, shall be confirmed in writing.\n30 Certificate of specialist etc required in certain situations\n(1) If—\n(a) a person has died within the meaning of section 45; and\n(b) at the time when he or she died or at any time afterwards his or\nher respiration and the circulation of his or her blood were being\nmaintained by artificial means;\na designated officer for a hospital shall not give an authority under\nthis part in relation to that deceased person unless 2 doctors, each of\nwhom has been for not less than 5 years a doctor and 1 of whom is a\nspecialist neurologist or neurosurgeon or has the other qualifications\nthat are prescribed, have each certified in writing—\n(c) that he or she carried out appropriate tests on or in relation to the\nperson while the respiration and the circulation of the blood of\nthat person were being maintained by artificial means; and\n(d) that, in his or her opinion, at the time of the tests, irreversible\ncessation of all function of the brain of the person had already\noccurred.\nMaximum penalty: 50 penalty units.\n\nDonations of tissue after death Part 3\nSection 31\nR18\n10/12/22\nTransplantation and Anatomy Act 1978\nEffective: 10/12/22\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) For subsection (1), any period during which a person who is a doctor\npractised as a doctor, however described, under the law in force in a\nplace outside Australia shall be taken into account in calculating the\nperiod of 5 years referred to in that subsection.\n31 Effect of authority under pt 3\n(1) An authority under this part is sufficient authority for a doctor other\nthan—\n(a) a doctor referred to in section 30 (1); and\n(b) if section 27 applies and the designated officer is a doctor––the\ndesignated officer for the hospital who gave the authority;\nto remove tissue from the body of the deceased person referred to in\nthe authority for the purpose referred to in the authority.\n(2) Subsection (3) applies to an authority under this part to remove\nrelevant tissue from the body of a deceased person for the purpose of\ntransplantation (whether or not the authority is to remove tissue for\nany other purpose).\n(3) Without limiting subsection (1), the authority is sufficient to authorise\na person other than a doctor to remove relevant tissue from the\ndeceased person for the purpose of transplantation if the person—\n(a) is authorised in writing by the chief health officer to remove\nrelevant tissue for the purpose of transplantation; and\n(b) is not the person who gave the authority mentioned in subsection\n(2).\n(4) A contravention by a designated officer of section 30 (1) in relation\nto the giving of an authority does not affect the validity of the\nauthority.\n\nPart 3 Donations of tissue after death\nSection 31\npage 22 Transplantation and Anatomy Act 1978\nEffective: 10/12/22\nR18\n10/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) In this section:\nrelevant tissue––\n(a) means musculoskeletal, cardiovascular, eye and skin tissue; and\n(b) includes any associated tissue, and any whole organ, necessary\nto support the effective transplantation of the tissue mentioned\nin paragraph (a).\n\nPost-mortem examinations Part 4\nSection 32\nR18\n10/12/22\nTransplantation and Anatomy Act 1978\nEffective: 10/12/22\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Post-mortem examinations\n32 Authority for post-mortem examination\n(1) Subject to section 34, if it appears to a designated officer for a\nhospital, after making the inquiries that are reasonable in the\ncircumstances, that a deceased person who has died in the hospital or\nwhose dead body has been brought into the hospital—\n(a) had, during his or her lifetime, expressed the wish for, or\nconsented to, a post-mortem examination of his or her body for\nthe purpose of investigating the cause of his or her death; and\n(b) had not withdrawn the wish or revoked the consent;\nthe designated officer may, in writing, authorise a post-mortem\nexamination of the body of the deceased person for that purpose.\n(2) Subject to section 34, if it appears to a designated officer for a\nhospital, after making the inquiries that are reasonable in the\ncircumstances in relation to a deceased person who has died in the\nhospital or whose dead body has been brought into the hospital,\nthat—\n(a) the designated officer is not authorised by subsection (1) to give\nan authority in relation to that person; and\n(b) the deceased person had not, during his or her lifetime,\nexpressed an objection to the post-mortem examination of his or\nher body; and\n(c) the senior available next of kin of the deceased person has not\nobjected to a post-mortem examination of the body of the\ndeceased person;\nthe designated officer may, in writing, authorise a post-mortem\nexamination of the body of the deceased person for the purpose of\ninvestigating the cause of the death of that person.\n\nPart 4 Post-mortem examinations\nSection 33\npage 24 Transplantation and Anatomy Act 1978\nEffective: 10/12/22\nR18\n10/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If a designated officer for a hospital, after making the inquiries that\nare reasonable in the circumstances, is unable to ascertain the\nexistence or whereabouts of the next of kin of the deceased person,\nsubsection (2) applies as if paragraph (c) of that subsection were\nomitted.\n(4) The senior available next of kin of a person may make it known to a\ndesignated officer at any time when the person is unconscious before\ndeath that he or she has no objection to a post-mortem examination\nof the body of the person, but the designated officer shall not act on\nsuch an indication if the person recovers consciousness.\n(5) If there are 2 or more persons having a description referred to in the\ndictionary, definition of senior available next of kin, paragraph (a)\nor (b), an objection by any 1 of those persons has effect for this\nsection notwithstanding any indication to the contrary by the other or\nany other of those persons.\n33 Authority for post-mortem examination if body of\ndeceased not at hospital\n(1) Subject to this part, if the body of a deceased person is at a place other\nthan a hospital, the senior available next of kin of the deceased person\nmay, in writing, authorise a post-mortem examination of the body of\nthe deceased person for the purpose of investigating the cause of the\ndeath of that person.\n(2) If it appears to the senior available next of kin of the deceased person,\nafter making the inquiries (if any) that are reasonable in the\ncircumstances, that—\n(a) the deceased person had, during his or her lifetime, expressed an\nobjection to a post-mortem examination of his or her body and\nhad not withdrawn that objection; or\n\nPost-mortem examinations Part 4\nSection 34\nR18\n10/12/22\nTransplantation and Anatomy Act 1978\nEffective: 10/12/22\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) another next of kin of the same or a higher order of the classes\nin the dictionary, definition of senior available next of kin,\nparagraph (a) or (b) has an objection to the post-mortem\nexamination of the body of the deceased person;\nthe senior available next of kin shall not, under subsection (1),\nauthorise the post-mortem examination of the body of the deceased\nperson.\n(3) If a deceased person, during his or her lifetime, expressed the wish\nfor, or consented to, a post-mortem examination of his or her body\nand the wish had not been withdrawn or the consent revoked, a post-\nmortem examination of the body of the deceased person in\naccordance with the wish or consent is, by force of this subsection,\nauthorised.\n34 Consent by coroner—pt 4\n(1) This section applies to a deceased person if a coroner is or may be\nrequired, under the Coroners Act 1997, section 13 (1), to hold an\ninquest into the person’s death.\n(2) The designated officer for a hospital or a senior available next of kin,\nas the case may be, shall not authorise a post-mortem examination of\nthe body of a deceased person to whom this section applies unless the\ncoroner has given his or her consent to the examination.\n(3) Section 33 (3) does not apply in relation to a deceased person to\nwhom this section applies unless the coroner has given his or her\nconsent to the post-mortem examination of the body of the deceased\nperson.\n(4) The coroner may give a direction that his or her consent to the\nremoval of tissue from the body of the person is not required and, in\nthat event, subsections (2) and (3) do not apply to or in relation to the\nremoval of tissue from the body of the person.\n\nPart 4 Post-mortem examinations\nSection 35\npage 26 Transplantation and Anatomy Act 1978\nEffective: 10/12/22\nR18\n10/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) A consent or direction by the coroner under this section may be\nexpressed to be subject to the conditions that are specified in the\nconsent or the direction.\n(6) A consent or direction may be given orally by the coroner and, if so\ngiven, shall be confirmed in writing.\n35 Effect of authority under pt 4\nAn authority under this part is sufficient authority for a doctor (other\nthan, if section 32 applies and the designated officer is a doctor, the\ndesignated officer for the hospital who gave the authority)—\n(a) to conduct the examination of the body of the deceased person\nthat is necessary for the purpose of investigating the cause of the\ndeath of the person; and\n(b) to remove from the body of the person the tissue that is\nnecessary for the purpose of the post-mortem examination.\n\nDonations for anatomical purposes Part 5\nSection 36\nR18\n10/12/22\nTransplantation and Anatomy Act 1978\nEffective: 10/12/22\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Donations for anatomical\npurposes\n36 Meaning of school of anatomy—pt 5\nIn this part:\nschool of anatomy means—\n(a) a school of anatomy established under a law of the Territory or\nCommonwealth; or\n(b) a school of anatomy the conduct of which is authorised under\nthis Act; or\n(c) a place that is, under section 42 (4), taken to be a school of\nanatomy for this Act; or\n(d) a school of anatomy that is licensed under a law of a State.\n37 Authority for anatomy if body of deceased at hospital\n(1) Subject to section 39, if it appears to a designated officer for a\nhospital, after making the inquiries that are reasonable in the\ncircumstances in relation to a deceased person who has died in the\nhospital or whose dead body has been brought into the hospital,\nthat—\n(a) the deceased person had not, during his or her lifetime,\nexpressed an objection to the retention after his or her death of\nhis or her body—\n(i) for the purpose of anatomical examination; or\n(ii) for the purpose of the use of his or her body for the study\nand teaching of the anatomy of the human body; and\n\nPart 5 Donations for anatomical purposes\nSection 38\npage 28 Transplantation and Anatomy Act 1978\nEffective: 10/12/22\nR18\n10/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the senior available next of kin of the deceased person has no\nobjection to the retention of the body of the deceased person for\na purpose referred to in paragraph (a);\nthe designated officer may, in writing, authorise the retention and use\nof the body of the deceased person at a school of anatomy for any of\nthe purposes referred to in paragraph (a).\n(2) If a designated officer for a hospital, after making the inquiries that\nare reasonable in the circumstances, is unable to ascertain the\nexistence or whereabouts of the next of kin of the deceased person,\nsubsection (1) applies as if paragraph (b) were omitted.\n(3) The senior available next of kin of a person may make it known to a\ndesignated officer at any time when the person is unconscious before\ndeath that he or she has no objection to the retention after the death\nof the person of the body of the person for a purpose referred to in\nsubsection (1), but the designated officer shall not act on such an\nindication if the person recovers consciousness.\n(4) If there are 2 or more persons having a description referred to in a\nsubparagraph of the dictionary, definition of senior available next of\nkin, paragraph (a) or (b), an objection by any 1 of those persons has\neffect for this section notwithstanding any indication to the contrary\nby the other or any other of those persons.\n38 Authority for anatomy if body of deceased not at hospital\n(1) Subject to this part, if the body of a deceased person is at a place other\nthan a hospital, the senior available next of kin of the deceased person\nmay, in writing, authorise the retention and use of the body of the\ndeceased person at a school of anatomy—\n(a) for the purpose of anatomical examination; or\n(b) for the purpose of the use of the body for the study and teaching\nof the anatomy of the human body.\n\nDonations for anatomical purposes Part 5\nSection 39\nR18\n10/12/22\nTransplantation and Anatomy Act 1978\nEffective: 10/12/22\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If it appears to the senior available next of kin of the deceased person,\nafter making the inquiries (if any) that are reasonable in the\ncircumstances, that—\n(a) the deceased person had, during his or her lifetime, expressed an\nobjection to the retention of his or her body for a purpose\nreferred to in subsection (1) and had not withdrawn that\nobjection; or\n(b) another next of kin of the same or a higher order of the classes\nin the dictionary, the definition of senior available next of kin,\nparagraph (a) or (b) has an objection to the retention of the body\nof the deceased person for that purpose;\nthe senior available next of kin shall not, under subsection (1),\nauthorise the retention and use of the body of the deceased person for\nthat purpose at a school of anatomy.\n39 Provisions applicable if deceased person consented to\nretention of his or her body for anatomy\nIf a deceased person, during his or her lifetime, expressed the wish\nfor, or consented to, the use of his or her body after his or her death\nfor a purpose referred to in section 37 (1) and the wish had not been\nwithdrawn or the consent revoked, the removal of the body of the\ndeceased person to a school of anatomy and the use of the body at a\nschool of anatomy for a purpose specified in section 37 (1) is\nauthorised.\n40 Consent by coroner—pt 5\n(1) This section applies to a deceased person if a coroner is or may be\nrequired, under the Coroners Act 1997, section 13 (1), to hold an\ninquest into the person’s death.\n\nPart 5 Donations for anatomical purposes\nSection 41\npage 30 Transplantation and Anatomy Act 1978\nEffective: 10/12/22\nR18\n10/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The designated officer for a hospital or a senior available next of kin\nshall not, in relation to the body of a deceased person to whom this\nsection applies, give an authority under section 37 (1) or 38 (1), as the\ncase may be, except with the consent of the coroner.\n(3) Section 39 does not apply in relation to a deceased person to whom\nthis section applies unless the coroner has given his or her permission\nfor the body of the deceased person to be dealt with in accordance\nwith that section.\n(4) The coroner may give a direction that his or her consent to the\nremoval of tissue from the body of the person is not required and, in\nthat event, subsections (2) and (3) do not apply to or in relation to the\nremoval of tissue from the body of the person.\n(5) A consent or direction by the coroner under this section may be\nexpressed to be subject to the conditions that are specified in the\nconsent or the direction.\n(6) A consent or direction may be given orally by the coroner, and if so\ngiven, shall be confirmed in writing.\n41 Effect of authority under pt 5\nAn authority under this part is, for the law of the Territory, sufficient\nauthority for the removal of the body of the deceased person to a\nschool of anatomy and for its retention and use at a school of anatomy\nfor a purpose specified in section 37 (1).\n\nSchools of anatomy Part 6\nSection 42\nR18\n10/12/22\nTransplantation and Anatomy Act 1978\nEffective: 10/12/22\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Schools of anatomy\n42 Schools of anatomy\n(1) The Minister may authorise the conduct within a specified\neducational institution of a school of anatomy for the teaching and\nstudy of anatomy and for the carrying on of the practice of anatomy.\n(2) An authorisation under subsection (1) may provide that a school of\nanatomy is authorised only for the teaching and study of the anatomy\nof a specified part of the human body.\n(3) The Minister may authorise the carrying out of anatomical\nexaminations and the teaching and study of the anatomy of the whole\nor a specified part of the human body at a place, not other than a place\nwithin an educational institution, specified in the authorisation.\n(4) A place specified in an authorisation under subsection (3) is taken to\nbe a school of anatomy for this Act.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations (see Legislation\nAct, s 104).\n(5) An authorisation under this section is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n43 Regulations for the control etc of schools of anatomy\n(1) The regulations may make provision in relation to—\n(a) how bodies may be transported to a school of anatomy; and\n(b) the conditions subject to which anatomical examinations and the\nteaching and study of anatomy and the practice of anatomy may\nbe carried out; and\n(c) the providing of returns and other information by the person in\ncharge of a school of anatomy; and\n\nPart 6 Schools of anatomy\nSection 43\npage 32 Transplantation and Anatomy Act 1978\nEffective: 10/12/22\nR18\n10/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) the precautions to be taken in regard to the receipt, custody and\nsubsequent internment or cremation of bodies; and\n(e) the inspection of schools of anatomy; and\n(f) the regulation and control of schools of anatomy.\n(2) Regulations making provision in relation to a matter mentioned in\nsubsection (1) (b), (c), (e) or (f) apply only to a school of anatomy for\nwhich an authorisation under section 42 is in force.\n\nProhibition of trading in tissue Part 7\nSection 44\nR18\n10/12/22\nTransplantation and Anatomy Act 1978\nEffective: 10/12/22\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Prohibition of trading in tissue\n44 Certain contracts not to be entered into\n(1) Subject to this section, a person shall not enter into a contract or\narrangement under which a person agrees, for valuable consideration,\nwhether given or to be given to himself or herself or to another\nperson—\n(a) to the sale or supply of tissue from his or her body or from the\nbody of another person, whether before or after his or her death\nor the death of the other person, as the case may be; or\n(b) to the post-mortem examination or anatomical examination of\nhis or her body after his or her death or of the body of another\nperson after the death of the other person.\nMaximum penalty: 50 penalty units.\n(2) Subsection (1) does not apply to or in relation to the sale or supply of\ntissue other than blood or any of its constituents if the tissue has been\nsubjected to processing or treatment and the sale or supply is made\nfor use, in accordance with the directions of a doctor, for therapeutic\nor scientific purposes.\n(3) Subsection (1) does not apply to or in relation to a contract or\narrangement providing only for the reimbursement of any expenses\nnecessarily incurred by a person in relation to the removal of tissue in\naccordance with this Act.\n(4) If he or she considers it desirable by reason of special circumstances\nso to do, the Minister may, in writing, approve the entering into of a\ncontract or arrangement that would, apart from the approval, be void\nunder subsection (5) and nothing in subsection (1) or (5) applies to\nand in relation to a contract or agreement entered into in accordance\nwith an approval under this subsection.\n(5) A contract or arrangement entered into in contravention of this\nsection is void.\n\nPart 8 Definition of death\nSection 45\npage 34 Transplantation and Anatomy Act 1978\nEffective: 10/12/22\nR18\n10/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 8 Definition of death\n45 When death occurs\nFor the law of the Territory, a person has died when there has\noccurred—\n(a) irreversible cessation of all function of the brain of the person;\nor\n(b) irreversible cessation of circulation of blood in the body of the\nperson.\n\nMiscellaneous Part 9\nSection 46\nR18\n10/12/22\nTransplantation and Anatomy Act 1978\nEffective: 10/12/22\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 9 Miscellaneous\n46 Act does not prevent specified removals of tissue etc\n(1) Nothing in this Act applies to or in relation to—\n(a) the removal of tissue from the body of a living person in the\ncourse of a procedure or operation carried out, in the interests of\nthe health of the person, by a doctor with the consent, express or\nimplied, given by or on behalf of the person or in circumstances\nnecessary for the preservation of the life of the person; or\n(b) the use of tissues so removed; or\n(c) the embalming of the body of a deceased person; or\n(d) the preparation, including the restoration of any disfigurement\nor mutilation, of the body of a deceased person for the purpose\nof interment or cremation.\n(2) In subsection (1):\ntissue—see section 6.\n47 Exclusion of liability of person acting under consent or\nauthority\n(1) Subject to subsection (2), if—\n(a) a person carries out a procedure; and\n(b) a consent or authority given under this Act is sufficient authority\nunder this Act for that person to carry out that procedure;\nthat person is not liable to any other person in relation to anything\ndone or omitted to be done by that firstmentioned person in the\ncarrying out of that procedure.\n(2) Nothing in this section relieves a person from liability for negligence\nin relation to anything done or omitted to be done by him or her in the\ncarrying out of a procedure.\n\nPart 9 Miscellaneous\nSection 48\npage 36 Transplantation and Anatomy Act 1978\nEffective: 10/12/22\nR18\n10/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n48 Offences\n(1) A person shall not remove tissue from the body of a person, whether\nliving or dead, except in accordance with a consent or authority that\nis, under this Act, sufficient authority for the removal of the tissue by\nthat person.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(2) A person shall not conduct a post-mortem examination of the body of\na deceased person except in accordance with an authority that is,\nunder this Act, sufficient authority for that person to conduct the post-\nmortem examination.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(3) A person shall not—\n(a) remove the body of a deceased person to a school of anatomy;\nor\n(b) use the body of a deceased person for a purpose specified in\nsection 37 (1);\nexcept in accordance with an authority that is, under this Act,\nsufficient authority for such removal or use of the body for that\npurpose.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(4) A person who—\n(a) gives an authority under this Act without having made the\ninquiries that he or she is required by this Act to make; or\n\nMiscellaneous Part 9\nSection 49\nR18\n10/12/22\nTransplantation and Anatomy Act 1978\nEffective: 10/12/22\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) contravenes a provision of division 2.6;\ncommits an offence.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(5) Nothing in subsection (1) or (2) applies to or in relation to—\n(a) anything done under an order by the coroner under the Coroners\nAct 1997; or\n(b) any other act authorised by law.\n49 Disclosure of information\n(1) Subject to this section, a person to whom this section applies shall not\ndisclose or give to any other person any information or document by\nwhich the identity of a person or a deceased person—\n(a) from whose body tissue other than blood has been removed for\nthe purpose of transplantation or for the purpose of the use of\nthe tissue for other therapeutic purposes or for medical or\nscientific purposes; or\n(b) in relation to whom or in relation to whose body a consent, other\nthan a consent under section 20, or authority has been given\nunder this Act; or\n(c) into whose body tissue other than blood has been, is being, or\nmay be, transplanted;\nmay become publicly known.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n\nPart 9 Miscellaneous\nSection 49\npage 38 Transplantation and Anatomy Act 1978\nEffective: 10/12/22\nR18\n10/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Subject to this section, a person to whom this section applies shall not\ndisclose or give to any other person any information or document by\nwhich the identity of a child from whose body blood has been\nremoved for a purpose referred to in section 20 may become publicly\nknown.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(3) This section applies—\n(a) if a consent has been given in accordance with this Act—to a\ndoctor who gave a certificate in relation to the consent; and\n(b) if an authority has been given in accordance with this Act by a\ndesignated officer for a hospital—to the designated officer; and\n(c) if tissue has been removed from the body of a person or a\ndeceased person—the doctor or the person authorised by the\nchief health officer under section 31 (3) who removed the tissue\nand, if the tissue was removed at a hospital, each person who\nwas employed at the hospital at the time of the removal of the\ntissue or has since been employed at the hospital; and\n(d) if tissue has been transplanted into the body of a person—to the\ndoctor who performed the transplantation and, if the tissue was\ntransplanted at a hospital, each person who was employed at the\nhospital at the time of the transplantation or has since been\nemployed at the hospital; and\n(e) if it is proposed that tissue will be transplanted into the body of\na person—to the doctor who is to perform the transplantation\nand, if the tissue is to be transplanted at a hospital, each person\nwho is employed at the hospital or who becomes so employed.\n\nMiscellaneous Part 9\nSection 49\nR18\n10/12/22\nTransplantation and Anatomy Act 1978\nEffective: 10/12/22\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) Subsections (1) and (2) do not apply to or in relation to information\ndisclosed—\n(a) under an order of a court or when otherwise required by law; or\n(b) to a next of kin of a deceased person for the purposes of the\nBirths, Deaths and Marriages Registration Act 1997,\nsection 38A (3); or\n(c) for the purposes of hospital administration or genuine medical\nresearch; or\n(d) with the consent of—\n(i) the person to whom the information relates (the relevant\nperson); or\n(ii) if the relevant person is a child or young person—a person\nwith parental responsibility for the relevant person; or\n(iii) if the relevant person is a legally incompetent person—a\nguardian of, or power of attorney for, the relevant person;\nor\n(iv) if the relevant person is a deceased person to whom\nsubsection (1) (a) applies—the relevant person’s next of\nkin or legal personal representative; or\n(e) when the circumstances in which the disclosure is made are such\nthat the disclosure is or would be privileged.\n(5) For subsection (4) (d), the definition of next of kin in the dictionary\ndoes not apply.\n(6) In this section:\nlegally incompetent person means a person who is subject to—\n(a) an enduring power of attorney that has become operative; or\n(b) a guardianship order.\n\nPart 9 Miscellaneous\nSection 51\npage 40 Transplantation and Anatomy Act 1978\nEffective: 10/12/22\nR18\n10/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nperson with parental responsibility, for a child or young person,\nmeans a parent or someone else with parental responsibility for the\nchild or young person under the Children and Young People\nAct 2008, division 1.3.2.\n51 Regulation-making power\n(1) The Executive may make regulations for this Act.\nNote Regulations must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act 2001.\n(2) A regulation may prescribe—\n(a) offences for contraventions of a regulation; and\n(b) maximum penalties of not more than 10 penalty units for\noffences against a regulation.\n\nDictionary\nR18\n10/12/22\nTransplantation and Anatomy Act 1978\nEffective: 10/12/22\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• chief health officer\n• coroner\n• doctor\n• enrolled nurse\n• judge\n• nurse\n• penalty unit (see s 133)\n• person (see s 160)\n• Supreme Court.\nchild means a person who—\n(a) has not turned 18 years old; and\n(b) is not in a domestic partnership.\nNote For the meaning of domestic partnership, see Legislation Act, s 169.\ndesignated officer, in relation to a hospital, means a person appointed\nunder section 5 to be a designated officer for that hospital.\nnext of kin means—\n(a) for a dead child—someone mentioned in the definition of senior\navailable next of kin, paragraph (a) (i), (ii) or (iii); or\n(b) for any other dead person—someone mentioned in that\ndefinition, paragraph (b) (i), (ii), (iii), (iv) or (v).\nnon-regenerative tissue means tissue other than regenerative tissue.\nparent, for division 2.3 (Donations from children)—see section 12.\n\nDictionary\npage 42 Transplantation and Anatomy Act 1978\nEffective: 10/12/22\nR18\n10/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nregenerative tissue means tissue that, after injury or removal, is\nreplaced in the body of a living person by natural processes of growth\nor repair.\nschool of anatomy, for part 5 (Donations for anatomical purposes)—\nsee section 36.\nsenior available next of kin means—\n(a) for a dead child—\n(i) if a parent of the child is available—the parent; or\n(ii) if a parent of the child is not available—an adult brother or\nsister of the child who is available; or\n(iii) if no-one mentioned in subparagraph (i) or (ii) is\navailable—someone who was the child’s guardian\nimmediately before the child’s death and who is available;\nand\n(b) for any other dead person—\n(i) if the person was, immediately before his or her death,\nparty to a domestic partnership and the person who was\nthen his or her domestic partner is available—the domestic\npartner; or\n(ii) if the person was, immediately before his or her death,\nparty to a domestic partnership but the person who was\nthen his or her domestic partner is not available— an adult\nson or daughter of the dead person who is available; or\n(iii) if the person was not, immediately before his or her death,\nparty to a domestic partnership—an adult son or daughter\nof the dead person who is available; or\n(iv) if no-one mentioned in subparagraph (i), (ii) or (iii) is\navailable but a parent of the dead person is available—the\nparent; or\n\nDictionary\nR18\n10/12/22\nTransplantation and Anatomy Act 1978\nEffective: 10/12/22\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(v) if no-one mentioned in subparagraph (i), (ii), (iii) or (iv) is\navailable— an adult brother or sister of the dead person\nwho is available.\nNote For the meaning of domestic partner and domestic partnership, see\nLegislation Act, s 169.\ntissue—\n(a) for this Act generally—includes an organ, or part, of a human\nbody or a substance extracted from, or from a part of, the human\nbody; and\n(b) for part 2 (Donations of tissue by living persons)—see section 6.\ntransplantation of tissue—see section 4.\n\nEndnotes\n1 About the endnotes\npage 44 Transplantation and Anatomy Act 1978\nEffective: 10/12/22\nR18\n10/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR18\n10/12/22\nTransplantation and Anatomy Act 1978\nEffective: 10/12/22\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis Act was originally a Commonwealth ordinance—the Transplantation and\nAnatomy Ordinance 1978 No 44 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)\nconverted most former Commonwealth ordinances in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and repeal the\nlaws. This Act was converted into an ACT enactment on 11 May 1989 (self-\ngovernment day).\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21, s\n5 on 11 May 1989 (self-government day).\nBefore 11 May 1989, ordinances commenced on their notification day unless\notherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).\nLegislation before becoming Territory enactment\nTransplantation and Anatomy Act 1978 A1978-44\nnotified 19 December 1978\ncommenced 29 December 1978 (s 2 and Cwlth Gaz 1978 No S290)\nas amended by\nCommunity and Health Service (Consequential Provisions)\nOrdinance 1988 Ord1988-29\nnotified 30 June 1988\ncommenced 2 July 1988\nNurses (Consequential Amendments) Ordinance 1988 Ord1988-62\nnotified 7 September 1988\ncommenced 5 December 1988 (Cwlth Gaz 1988 No S369)\nSelf-Government (Consequential Amendments) Ordinance 1989\nOrd1989-38 sch 1\nnotified 10 May 1989 (Cwlth Gaz 1989 No S160)\ns 1, s 2 commenced 10 May 1989 (s 2 (1))\nsch 1 commenced 11 May 1989 (s 2 (2) and Cwlth Gaz 1989 No S164)\n\nEndnotes\n3 Legislation history\npage 46 Transplantation and Anatomy Act 1978\nEffective: 10/12/22\nR18\n10/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nLegislation after becoming Territory enactment\nHealth Services (Consequential Provisions) Act 1990 A1990-63 sch 1\nnotified 28 December 1990 (Gaz 1990 No S102)\ns 1, s 2 commenced 28 December 1990 (s 2 (1))\nsch 1 commenced 31 January 1991 (s 2 (2) and Gaz 1991 No S4)\nGuardianship and Management of Property (Consequential\nProvisions) Act 1991 A1991-63 pt 4\nnotified 31 October 1991 (Gaz 1991 No S119)\ns 1, s 2 commenced 31 October 1991 (s 2 (1))\npt 4 commenced 7 January 1992 (s 2 (2) and Gaz 1991 No S147)\nHealth (Consequential Provisions) Act 1993 A1993-14 sch 1\nnotified 1 March 1993 (Gaz 1993 No S23)\ncommenced 1 March 1993 (s 2)\nCoroners (Consequential Provisions) Act 1997 A1997-58 sch 2\nnotified 9 October 1997 (Gaz 1997 No S300)\ncommenced 9 October 1997 (s 2)\nStatute Law Revision (Penalties) Act 1998 A1998-54 sch\nnotified 27 November 1998 (Gaz 1998 No S207)\ns 1, s 2 commenced 27 November 1998 (s 2 (1))\nsch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)\nTransplantation and Anatomy (Amendment) Act 1999 A1999-6\nnotified 1 March 1999 (Gaz 1999 No S8)\ncommenced 1 March 1999 (s 2)\nTransplantation and Anatomy Amendment Act 2000 A2000-45\nnotified 28 September 2000 (Gaz 2000 No 39)\ncommenced 28 September 2000 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 391\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 391 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nStatute Law Amendment Act 2001 (No 2) 2001 No 56 pt 1.7\nnotified 5 September 2001 (Gaz 2001 No S65)\ncommenced 5 September 2001 (s 2 (1))\n\nEndnotes\nLegislation history 3\nR18\n10/12/22\nTransplantation and Anatomy Act 1978\nEffective: 10/12/22\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nLegislation (Gay, Lesbian and Transgender) Amendment Act 2003\nA2003-14 sch 1 pt 1.33\nnotified LR 27 March 2003\ns 1, s 2 commenced 27 March 2003 (LA s 75 (1))\npt 1.33 commenced 28 March 2003 (s 2)\nSexuality Discrimination Legislation Amendment Act 2004 A2004-2\nsch 1 pt 1.16\nnotified LR 18 February 2004\ns 1, s 2 commenced 18 February 2004 (LA s 75 (1))\nsch 1 pt 1.16 commenced 22 March 2004 (s 2 and CN2004-4)\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 2 pt 2.92\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.92 commenced 9 April 2004 (s 2 (1))\nHealth Professionals Legislation Amendment Act 2004 A2004-39\nsch 6 pt 6.10\nnotified LR 8 July 2004\ns 1, s 2 commenced 8 July 2004 (LA s 75 (1))\nsch 6 pt 6.10 commenced 17 January 2006 (s 2 and see Health\nProfessionals Act 2004 A2004-38, s 2 (as am by A2005-28 amdt 1.1)\nand CN2006-2)\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.105\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.105 commenced 30 May 2007 (s 2 (2) and see Powers of\nAttorney Act 2006 A2006-50, s 2 and LA s 79)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 A2008-36 sch 1 pt 1.51\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.51 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\n\nEndnotes\n3 Legislation history\npage 48 Transplantation and Anatomy Act 1978\nEffective: 10/12/22\nR18\n10/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.70\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.70 commenced 22 September 2009 (s 2)\nHealth Practitioner Regulation National Law (ACT) Act 2010 A2010-10\nsch 2 pt 2.19\nnotified LR 31 March 2010\ns 1, s 2 commenced 31 March 2010 (LA s 75 (1))\nsch 2 pt 2.19 commenced 1 July 2010 (s 2 (1) (a))\nTransplantation and Anatomy Amendment Act 2012 A2012-5\nnotified LR 29 February 2012\ns 1, s 2 commenced 29 February 2012 (LA s 75 (1))\nremainder commenced 1 March 2012 (s 2)\nStatute Law Amendment Act 2014 A2014-18 sch 3 pt 3.23\nnotified LR 20 May 2014\ns 1, s 2 commenced 20 May 2014 (LA s 75 (1))\nsch 3 pt 3.23 commenced 10 June 2014 (s 2 (1))\nTransplantation and Anatomy Amendment Act 2016 A2016-16\nnotified LR 17 March 2016\ns 1, s 2 commenced 17 March 2016 (LA s 75 (1))\nremainder commenced 18 March 2016 (s 2)\nStatute Law Amendment Act 2019 A2019-42 sch 3 pt 3.23\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\nsch 3 pt 3.23 commenced 14 November 2019 (s 2 (1))\nHealth Legislation Amendment Act 2022 A2022-24 pt 4\nnotified LR 9 December 2022\ns 1, s 2 commenced 9 December 2022 (LA s 75 (1))\npt 4 commenced 10 December 2022 (s 2)\n\nEndnotes\nAmendment history 4\nR18\n10/12/22\nTransplantation and Anatomy Act 1978\nEffective: 10/12/22\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nDictionary\ns 2 om R4 LRA\nins A2007-3 amdt 3.522\nNotes\ns 3 om R4 LRA\nins A2007-3 amdt 3.522\nMeaning of transplantation\ns 4 am Ord1988-29; Ord1988-62\ndefs reloc to dict A2007-3 amdt 3.521\nsub A2007-3 amdt 3.522\ndef board ins A1990-63 sch 1\nom A1993-14 sch 1\ndef service om A1990-63 sch 1\nDesignated officers\ns 5 am Ord1988-29; A1990-63 sch 1; A1993-14 sch 1; A2009-20\namdt 3.201, amdt 3.202; A2010-10 amdt 2.118\nsub A2012-5 s 4\nExclusion of certain tissue\ndiv 2.1 hdg (prev pt 2 div 1 hdg) renum R5 LA\nMeaning of tissue in pt 2\ns 6 am A2019-42 amdt 3.104\nDonations by adults\ndiv 2.2 hdg (prev pt 2 div 2 hdg) renum R5 LA\nDoctor may give certificate in relation to consent\ns 10 hdg am A2010-10 amdt 2.118\ns 10 am A2010-10 amdt 2.118\nDonations from children\ndiv 2.3 hdg (prev pt 2 div 3 hdg) renum R5 LA\nRemoval for transplantation of regenerative tissue from body of child\ns 13 am A2010-10 amdt 2.118\nRemoval for transplantation of non-regenerative tissue from body of child\ns 14 am A2009-20 amdt 3.203; A2010-10 amdt 2.118\nEffect of consents and authorities\ndiv 2.4 hdg (prev pt 2 div 4 hdg) renum R5 LA\nEffect of consent under s 8\ns 15 am A2010-10 amdt 2.118\nEffect of consent under s 9\ns 16 am A2010-10 amdt 2.118\n\nEndnotes\n4 Amendment history\npage 50 Transplantation and Anatomy Act 1978\nEffective: 10/12/22\nR18\n10/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEffect of consent by ACAT\ns 16A hdg sub A2008-36 amdt 1.642\ns 16A ins A1991-63\nam A2008-36 amdt 1.643; A2010-10 amdt 2.118\nEffect of consent under s 13\ns 17 am A2010-10 amdt 2.118\nEffect of authority under s 14\ns 18 am A2010-10 amdt 2.118\nWhen written consent not sufficient authority\ns 19 am A1991-63; A2010-10 amdt 2.118\nBlood\ndiv 2.5 hdg (prev pt 2 div 5 hdg) renum R5 LA\nConsents by people 16 years old or older to removal of blood\ns 20 hdg sub A2000-45 s 4\ns 20 am A2000-45 s 4\nConsents to removal of blood from children under 16 years old\ns 21 hdg sub A2000-45 s 5\ns 21 am A2000-45 s 5; A2010-10 amdt 2.118\nAdministration of blood transfusions to children without parental consent\ns 23 am A2010-10 amdt 2.118\nRevocation of consent or agreement\ndiv 2.6 hdg (prev pt 2 div 6 hdg) renum R5 LA\nRevocation of consent\ns 24 am Ord1988-62; A2010-10 amdt 2.114, amdt 2.118\nChild no longer in agreement with removal and transplantation\ns 25 am Ord1988-62; A2010-10 amdt 2.115, amdt 2.118\nDe facto spouses\ns 26 om A2003-14 amdt 1.105\nAuthority to remove tissue if body of deceased at hospital\ns 27 am A2007-3 amdt 3.525\nAuthority to remove tissue if body of deceased not at hospital\ns 28 am A2007-3 amdt 3.525\nConsent by coroner—pt 3\ns 29 hdg sub A2016-16 s 4\ns 29 am Ord1989-38 sch 1; A1997-58 sch 2; A2010-10 amdt 2.118;\nA2016-16 s 5, s 6\nCertificate of specialist etc required in certain situations\ns 30 am A1998-54 sch; A2001-56 amdt 1.79, amdt 1.80; A2010-10\namdt 2.118\n\nEndnotes\nAmendment history 4\nR18\n10/12/22\nTransplantation and Anatomy Act 1978\nEffective: 10/12/22\npage 51\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEffect of authority under pt 3\ns 31 am A1999-6; ss renum R5 LA; A2007-3 amdt 3.523; A2010-10\namdt 2.118; A2012-5 ss 5-7; ss renum R14 LA; A2016-16 s 7\nAuthority for post-mortem examination\ns 32 am A2007-3 amdt 3.525\nAuthority for post-mortem examination if body of deceased not at hospital\ns 33 am A2007-3 amdt 3.525\nConsent by coroner—pt 4\ns 34 hdg sub A2016-16 s 8\ns 34 am Ord1989-38 sch 1; A1997-58 sch 2; A2010-10 amdt 2.118;\nA2016-16 s 9\nEffect of authority under pt 4\ns 35 am A1997-58 sch 2; A2010-10 amdt 2.118; A2012-5 s 8\nMeaning of school of anatomy—pt 5\ns 36 am Ord1989-38 sch 1\nAuthority for anatomy if body of deceased at hospital\ns 37 am A2007-3 amdt 3.525\nAuthority for anatomy if body of deceased not at hospital\ns 38 am A2007-3 amdt 3.525\nConsent by coroner—pt 5\ns 40 hdg sub A2016-16 s 10\ns 40 am Ord1989-38 sch 1; A1997-58 sch 2; A2010-10 amdt 2.118;\nA2016-16 s 11\nSchools of anatomy\ns 42 am A2001-44 amdts 1.4086-1.4090; A2009-20 amdt 3.204;\nA2014-18 amdt 3.109\nRegulations for the control etc of schools of anatomy\ns 43 am A2001-44 amdt 1.4091, amdt 1.4092\nCertain contracts not to be entered into\ns 44 am A1998-54 sch; A2010-10 amdt 2.118\nAct does not prevent specified removals of tissue etc\ns 46 am A2010-10 amdt 2.118\nOffences\ns 48 am A1997-58 sch 2; A1998-54 sch; A2004-15 amdt 2.198;\npars renum R8 LA (see A2004-15 amdt 2.199)\nDisclosure of information\ns 49 am A1998-54 sch; A1999-6; A2010-10 amdt 2.118;\nA2012-5 s 9; A2022-24 ss 10-12; pars renum R18 LA\n\nEndnotes\n4 Amendment history\npage 52 Transplantation and Anatomy Act 1978\nEffective: 10/12/22\nR18\n10/12/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAmendment of Seat of Government (Administration) Ordinance 1930\ns 50 om R4 LRA\nRegulation-making power\ns 51 am Ord1989-38 sch 1; A1998-54 sch\nsub A2001-44 amdt 1.4093\nam A2009-20 amdt 3.205\nDictionary\ndict ins A2007-3 amdt 3.524\nam A2008-36 amdt 1.644; A2010-10 amdt 2.116; A2014-18\namdt 3.1110\ndef child am A2004-2 amdt 1.54\nreloc from s 4 A2007-3 amdt 3.521\ndef coroner reloc from s 4 A2007-3 amdt 3.521\nom A2014-18 amdt 3.111\ndef designated officer reloc from s 4 A2007-3 amdt 3.521\ndef enrolled nurse sub A2004-39 amdt 6.12\nreloc from s 4 A2007-3 amdt 3.521\nom A2010-10 amdt 2.117\ndef medical practitioner reloc from s 4 A2007-3 amdt 3.521\nom A2010-10 amdt 2.117\ndef next of kin sub A2003-14 amdt 1.103\nreloc from s 4 A2007-3 amdt 3.521\ndef non-regenerative tissue reloc from s 4 A2007-3\namdt 3.521\ndef parent ins A2009-20 amdt 3.206\ndef regenerative tissue reloc from s 4 A2007-3 amdt 3.521\ndef registered nurse sub A2004-39 amdt 6.13\nreloc from s 4 A2007-3 amdt 3.521\nom A2010-10 amdt 2.117\ndef school of anatomy ins A2007-3 amdt 3.524\ndef senior available next of kin sub A2003-14 amdt 1.104\nreloc from s 4 A2007-3 amdt 3.521\ndef tissue ins A2009-20 amdt 3.207\ndef tissue reloc from s 4 A2007-3 amdt 3.521\nom A2009-20 amdt 3.207\ndef tissue, for pt 2 ins A2007-3 amdt 3.524\nom A2009-20 amdt 3.207\ndef transplantation ins A2007-3 amdt 3.524\n\nEndnotes\nEarlier republications 5\nR18\n10/12/22\nTransplantation and Anatomy Act 1978\nEffective: 10/12/22\npage 53\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A1990-63 30 September 1991\n2 A1993-14 30 April 1993\n3 A1999-6 31 March 1999\n4 A2000-45 23 October 2000\n5 A2001-56 17 January 2002\n6 A2003-14 28 March 2003\n7 A2004-2 22 March 2004\n8 A2004-15 9 April 2004\n9 A2004-39 17 January 2006\n10 A2007-3 30 May 2007\n11* A2008-36 2 February 2009\n12 A2009-20 22 September 2009\n13 A2010-10 1 July 2010\n14 A2012-5 1 March 2012\n15 A2014-18 10 June 2014\n16 A2016-16 18 March 2016\n17 A2019-42 14 November 2019\n© Australian Capital Territory 2022","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act as republished has been amended repeatedly since its original 1978 form. Endnotes record amendments that added or clarified consent pathways (for example, recognising ACAT orders — s 16A; A1991-63 and later amendments), adjusted definitions and the treatment of particular tissues (see s 6 and dictionary changes), introduced specialist certification requirements for brain‑death determinations when life support had been used (s 30; A1998-54 and later), expanded coroner consent provisions (ss 29, 34, 40; A2016-16), and updated disclosure/privacy rules (s 49; A2022-24). The cumulative effect in the republished text is a statutory scheme broader in procedural detail and cross‑institutional interaction than the original ordinance, with more explicit safeguards, delegated decision points, and regulatory powers (see amendment history in the endnotes)."},"complexity_factors":["Multiple decision-makers with overlapping authority: designated officers (s 5), senior available next of kin (dictionary and ss 27–28), coroner (ss 29, 34, 40), Minister (s 42), ACAT (s 16A).","Layered consent regimes depending on donor status (adult, child, living, deceased) and tissue type (regenerative vs non-regenerative) (ss 6, 8–9, 13–14, 16–18).","Special procedural safeguards and waiting periods for non-regenerative tissue and for bodies maintained by artificial means (ss 9(1), 14(1), 30(1)).","Cross-references to other bodies of law and institutions (Coroners Act, ACAT, chief health officer, Guardianship Act) creating inter-agency procedural interactions (ss 16A, 29, 30(1), 31(3)).","Criminal penalties and civil-liability carve-outs paired with strict record and disclosure rules (ss 47–49, 48).","Regulatory delegation and delegated operational rules for schools of anatomy and transport/handling of bodies (ss 42–43, 51) increase compliance pathways.","Detailed next-of-kin hierarchy and veto mechanics in the dictionary that affect post-death authorisations (dictionary: senior available next of kin)."],"plain_english_summary":"# What this law does (mechanically)\n\n- Gives legal authority and rules for removing human tissue for transplantation, for post-mortem examinations, and for retaining bodies for anatomical study (see Part 2, Part 3, Part 4, Part 5). Key sections: consents by living donors (ss 8–10, 13–14, 20–23), authorisations after death (ss 27–31), post-mortems (ss 32–35), and anatomical uses (ss 36–41).\n- Specifies who may decide and give authority: designated officers for hospitals (s 5), senior available next of kin (dictionary), the Minister (for schools of anatomy — s 42), and, in some cases, the coroner (ss 29, 34, 40). The chief health officer may authorise non-doctors to remove certain tissue for transplantation (s 31(3)).\n- Sets procedural requirements before tissue can be removed: written consent and doctor certificates for living donors (ss 8–10, 13(2), 14(3)); waiting periods for removal of non‑regenerative tissue (ss 9(1), 14(1), 16, 18(1)); specialist certification where brain function was artificially maintained (s 30(1)).\n- Allows revocation and withdrawal: donors (or children, via parents) can revoke consent or withdraw agreement and the Act sets notification duties for hospitals and doctors (ss 24–25, s 19). A doctor must not rely on a consent known or reasonably suspected to be revoked or fraudulent (s 19).\n- Defines death for Territory law: death occurs on irreversible cessation of all brain function or irreversible cessation of circulation (s 45).\n- Prohibits commercial contracts for the sale or supply of human tissue or for post-mortem/anatomical examinations in return for valuable consideration, while permitting reimbursement of necessary removal expenses and certain processed-tissue transactions (s 44(1)–(3)).\n- Imposes criminal penalties and confidentiality rules: unauthorised removal, unauthorised post-mortems, and unauthorised use of bodies are offences (s 48); disclosure rules limit release of identifying information about donors/recipients with specified exceptions (s 49).\n- Provides regulation-making power for operational details (s 51) and sets out administrative duties for schools of anatomy (ss 42–43).\n\n# Who this affects\n\n- Living people considering donating tissue (adults and children) and their families — the Act prescribes how consent must be given, certified, and revoked (ss 8–14, 24–25).\n- Doctors, designated officers, hospital staff, and authorised non-doctor tissue retrieval personnel — the Act both authorises and constrains who may remove tissue and under what paperwork and checks (s 5; ss 10, 30, 31(3)).\n- Next of kin and senior available next of kin — they have decision-making roles when donors have not recorded wishes, and objections by any higher-order next of kin can block authorisation (ss 27(2), 28(2); dictionary definition of senior available next of kin).\n- Schools of anatomy and the Minister — the Minister authorises schools of anatomy and regulations set operating standards (ss 42–43).\n- Organisations and individuals who might seek to commercialise human tissue — the Act bars contracts for valuable consideration involving tissue (s 44).\n- Coroners and ACAT — the coroner can require consent to be obtained before tissue is removed or can waive that requirement (ss 29, 34, 40); ACAT orders consenting to removal of non-regenerative tissue are recognised (s 16A).\n\n# Why it matters (purpose claims and practical test)\n\nOfficially, the Act creates legal certainty for transplant and anatomical practices by specifying who may consent, how consent is certified, and when tissue may be removed or bodies retained. These are the stated operational aims (see long title and Parts 2–5).\n\nTesting that purpose against costs, incentives and trade-offs visible in the text:\n\n- Who pays and who benefits: the Act makes donation effectively voluntary and non‑commercial (s 44). Beneficiaries of donated tissue (individual recipients) receive the medical benefit; donors bear the privacy risk and any medical risk of removal (procedural requirements and doctor certification—ss 10, 13(2), 14(3)). The Act allows reimbursement of necessary removal expenses but bars sale for profit (s 44(2)–(3)).\n\n- Decision power and discretion: designated officers have broad discretion to authorise removal or post-mortem after making \"reasonable\" inquiries (ss 27(1)–(2), 32(1)–(2), 37(1)). That centralises operational discretion in hospital-appointed officers (s 5) and creates implementation dependence on how those inquiries are carried out.\n\n- Compliance and administrative burden: consent and certificate formalities (ss 8–10, 13(2), 14(3), 30(1)) create paperwork and require medical staff time; specialist certification is required where life support was maintaining respiration/circulation (s 30(1)) and a committee process exists for some child non-regenerative tissue cases (s 14(4)–(7)), which adds procedural layers.\n\n- Enforcement and legal risk: criminal penalties apply for unauthorised acts (s 48) and doctors may be shielded from certain civil liability when acting under a sufficient consent or authority but remain liable for negligence (s 47). Those features incentivise strict compliance with the Act’s certification and notification steps.\n\n- Effects on private enterprise and markets: the explicit prohibition on selling tissue (s 44(1)) constrains market transactions and contract freedom concerning human tissue. The Act permits sale of processed, non-blood tissue used for therapeutic/scientific purposes (s 44(2)), which narrows the prohibition and leaves space for certain commercial activities in processed materials under a doctor’s directions. Regulation-making power (s 51) enables further rule-setting that may affect compliance costs for educational institutions and medical providers (ss 42–43).\n\n- Privacy and speech constraints: section 49 restricts disclosure of identifying information about donors and recipients, with exceptions for legal orders, hospital administration, medical research, and informed consent by relevant persons (s 49(4)). This limits public disclosure and sets rules for internal and research use.\n\n- Interaction with other legal processes: coroner consent can block or permit removals and post-mortems in cases where an inquest may be required (ss 29, 34, 40); ACAT guardianship orders can authorise certain removals (s 16A). Those cross‑links add procedural complexity and can delay or prevent removals depending on parallel legal requirements.\n\n# Concrete implementation risks and trade-offs in the Act text\n\n- Reliance on individual designated officers’ inquiries and judgments (s 5; ss 27, 32, 37) creates variation in practice across hospitals and potential delays or inconsistent outcomes.\n- The Act treats objections by higher-order or any senior available next of kin as decisive (ss 27(2)(c), 28(2)), which can block consent even if one next of kin supports removal — the mechanism is explicit in the next-of-kin rules (dictionary and ss 27–28).\n- The combined requirements for written consents, doctor certification, specific waiting periods for non-regenerative tissue, committee referral for some child cases, and specialist certification (ss 9, 10, 13–14, 30) increase procedural safeguards but also increase administrative cost and time-to-action.\n- The prohibition on trading (s 44) reduces commercial incentives for tissue supply but the carve-out for processed tissue (s 44(2)) leaves a regulated path for commercial activity that depends on compliance with doctor directions and processing conditions.\n\n# Key sections to refer back to\n\n- Consent and certification: ss 8–10, 13–14, 16–18, 24–25\n- Post-mortem and donation after death: ss 27–31, 32–35\n- Coroner interaction: ss 29, 34, 40\n- Definition of death: s 45\n- Prohibition on trading: s 44\n- Confidentiality: s 49\n- Designated officers and schools of anatomy: s 5, ss 42–43\n- Offences and penalties: s 48\n- Regulation power: s 51\n\nThis summary is based solely on the text of the Transplantation and Anatomy Act 1978 as supplied and cites the relevant provisions for readers who want to check the statutory mechanics themselves."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1978 Ordinance focused primarily on transplantation and anatomy. Over 44 years of amendments, the Act has expanded significantly to include: detailed brain death certification procedures (1990s), ACAT (tribunal) involvement for incapacitated adults (1991, 2008), expanded confidentiality protections (1999, 2012, 2022), specific regulation of blood transfusions including emergency pediatric provisions (2000), and modernisation of relationship terminology (2003-2004). The 2022 amendments further expanded privacy protections. The Act now functions as a comprehensive code for all human tissue handling in the ACT, far beyond its original transplantation focus."},"complexity_factors":["Multiple overlapping consent pathways depending on whether donor is living/deceased, adult/child, in hospital/outside hospital","Hierarchical definition of 'senior available next of kin' with 5 tiers of priority (spouse, adult children, parents, siblings)","Special committee approval required for child donations of non-regenerative tissue (section 14)","24-hour cooling-off period for non-regenerative tissue donations (sections 9, 14, 16A, 18)","Multiple exceptions and carve-outs (blood transfusions, fetal tissue, emergency medical procedures)","Cross-references to other ACT legislation (Coroners Act, Guardianship Act, Children and Young People Act, Legislation Act)","Conditional logic for coroner's involvement in suspicious deaths (sections 29, 34, 40)","Specific brain death certification requirements requiring 2 doctors with 5+ years experience (section 30)","Detailed revocation procedures with specific notification chains (sections 24-25)","13 defined terms in dictionary plus signpost definitions scattered through the Act"],"plain_english_summary":"This Act sets the rules for handling human tissue in the Australian Capital Territory (ACT). It covers four main areas:\n\n**1. Organ and tissue donation from living people**\n- **Adults** can donate **regenerative tissue** (like bone marrow or skin that grows back) or **non-regenerative tissue** (like a kidney) with proper written consent and medical certification.\n- **Children** can donate regenerative tissue to family members with parental consent and the child's agreement. For non-regenerative tissue, both parents must consent, the child must agree, and a special committee (including a judge, doctor, and social worker) must approve it.\n- **Blood donations** are treated separately and have simpler rules. People 16+ can consent for themselves; parents can consent for younger children if a doctor says it's safe and the child agrees.\n- **Emergency blood transfusions** can be given to children without parental consent if two doctors agree the child will die without it and delay is dangerous.\n\n**2. Organ and tissue donation after death**\n- If someone dies in a hospital, a **designated officer** can authorise tissue removal if the person consented before death, or if they didn't object and the **senior available next of kin** (spouse/partner, then adult children, then parents, then siblings) doesn't object.\n- If the body is not in a hospital, the senior next of kin can authorise removal.\n- **Coroner's consent** is needed if the death is reportable (suspicious or unusual).\n- **Brain death**: Special rules apply when someone is on life support. Two senior doctors (one a brain specialist) must certify that brain function has stopped irreversibly before tissue can be removed.\n\n**3. Post-mortem examinations (autopsies)**\n- Similar consent rules apply as for tissue donation after death. A designated officer or senior next of kin can authorise an autopsy to find the cause of death, unless the person objected while alive.\n\n**4. Donating bodies to science (anatomical purposes)**\n- Bodies can be donated to **schools of anatomy** for medical teaching and research, following similar consent and objection rules.\n- The Minister can authorise schools of anatomy and make regulations about how they operate.\n\n**Other important provisions:**\n- **No buying or selling tissue**: It's illegal to trade human tissue for money, though reasonable expense reimbursement is allowed.\n- **Definition of death**: Death is defined as either irreversible brain death OR irreversible stopping of blood circulation.\n- **Privacy**: Strict confidentiality rules prevent disclosure of donor or recipient identities, with criminal penalties for breaches.\n- **Protection from liability**: People acting under proper consent or authority are protected from lawsuits, except for negligence.\n\n**Who it affects**: Patients, families, doctors, nurses, hospitals, coroners, and medical schools in the ACT."}},"importantCases":[],"_links":{"self":"/api/acts/transplantation-and-anatomy-act-1978","history":"/api/acts/transplantation-and-anatomy-act-1978/history","analysis":"/api/acts/transplantation-and-anatomy-act-1978/analysis","conflicts":"/api/acts/transplantation-and-anatomy-act-1978/conflicts","importantCases":"/api/acts/transplantation-and-anatomy-act-1978/important-cases","documents":"/api/acts/transplantation-and-anatomy-act-1978/documents"}}