{"id":"transplantation-and-anatomy-regulations-2018","name":"Transplantation and Anatomy Regulations 2018","slug":"transplantation-and-anatomy-regulations-2018","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237938,"registerId":"sa-transplantation-and-anatomy-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Transplantation and Anatomy Regulations 2018","content":"South Australia\nTransplantation and Anatomy Regulations 2018\nunder the Transplantation and Anatomy Act 1983\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tPrescribed institutions\n5\tRequirement to comply with Standard\n6\tAppointment of inspectors\n7\tPowers of inspectors\n8\tEvidentiary provision\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Transplantation and Anatomy Regulations 2018.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Transplantation and Anatomy Act 1983;\nschool of anatomy means a school of anatomy established under Part 6 of the Act;\nStandard means the Standard for the Operation, Management and Oversight of Schools of Anatomy in South Australia published by the Minister on 23 November 2017 (see Gazette 12.12.2017 p4957).\n4—Prescribed institutions\nFor the purposes of section 33(1) of the Act, the following institutions are prescribed institutions:\n\t(a)\tFlinders University;\n\t(b)\tSouth Australian Health and Medical Research Institute Limited;\n\t(c)\tThe University of Adelaide;\n\t(d)\tUniversity of South Australia.\n5—Requirement to comply with Standard\n\t(1)\tA school of anatomy must comply with the Standard.\n\t(2)\tA person undertaking duties at or in relation to a school of anatomy must, in the course of undertaking those duties, comply with the Standard.\nMaximum penalty: $2 500.\n6—Appointment of inspectors\n\t(1)\tThe Minister may appoint persons to be inspectors for the purposes of the Act and these regulations.\n\t(2)\tThe Minister must provide each inspector with a certificate of identity.\n\t(3)\tAn inspector must, at the request of a person in relation to whom the inspector has exercised or intends to exercise the powers of an inspector, produce that certificate.\n7—Powers of inspectors\n\t(1)\tSubject to this regulation, for the purposes of ascertaining whether the requirements of the Act and these regulations are being complied with, an inspector may enter—\n\t(a)\ta school of anatomy; and\n\t(b)\tany other place in which the inspector suspects on reasonable grounds—\n\t(i)\tanatomical examinations or the teaching and study of anatomy are, or have been, carried out; or\n\t(ii)\tevidence or records connected with the carrying out of anatomical examinations or the teaching and study of anatomy are located; or\n\t(iii)\tthe body, or part of the body, of a deceased person is being kept for the purposes of carrying out anatomical examinations or the teaching and study of anatomy.\n\t(2)\tAn inspector must not enter a place used as a residence unless authorised by warrant under subregulation (3).\n\t(3)\tA magistrate may, if satisfied on the application of an inspector that there is a proper ground for doing so, issue a warrant authorising an inspector to enter a place used as a residence.\n\t(4)\tWhile an inspector is in or on any place pursuant to this regulation, the inspector may do any 1 or more of the following:\n\t(a)\tinspect or search the place or anything in the place;\n\t(b)\trequire any person in the place to—\n\t(i)\tproduce any equipment or other items, or any books, papers or documents, that are in the person's custody or control; and\n\t(ii)\tanswer any questions put by the inspector;\n\t(c)\tinspect any books, papers or documents produced to the inspector and retain them for so long as is reasonably necessary for the purpose of copying or taking extracts from any of them;\n\t(d)\ttake photographs;\n\t(e)\tif the inspector suspects on reasonable grounds that an offence has been committed against the Act or these regulations, seize and retain anything that the inspector believes affords evidence of the offence;\n\t(f)\tgive such directions as are reasonably necessary for, or as are incidental to, the effective exercise of the inspector's powers under this regulation.\n\t(5)\tAn inspector may, in exercising powers under this regulation, be accompanied by such assistants as are reasonably necessary for the purpose (which may, for example, include a person with relevant qualifications to provide expert advice to an inspector).\n\t(6)\tA person who—\n\t(a)\twithout reasonable excuse, hinders or obstructs an inspector in the exercise of powers under this regulation; or\n\t(b)\tfails to answer a question put by an inspector to the best of his or her knowledge, information or belief; or\n\t(c)\tfails to comply with any other lawful requirement or direction of an inspector; or\n\t(d)\tuses abusive, threatening or insulting language to an inspector or a person assisting an inspector; or\n\t(e)\tfalsely represents, by word or conduct, that he or she is an inspector,\nis guilty of an offence\nMaximum penalty: $2 500.\n\t(7)\tA natural person is not required to answer a question if the answer might tend to incriminate the person, or make the person liable to a penalty.\n8—Evidentiary provision\nIn proceedings, a certificate apparently signed by the Minister and certifying—\n\t(a)\tthat a specified document is, or forms part of, the Standard; or\n\t(b)\tthat a specified person is or is not, or was or was not on a specified date, an inspector,\nconstitutes proof, in the absence of proof to the contrary, of the matters stated in the certificate.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2018\n17\nGazette 6.2.2018 p618 \n6.2.2018: r 2\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations appear tightly scoped to their original purpose: operational oversight of anatomy schools. They prescribe specific institutions, mandate compliance with an external Standard, and establish inspection powers. There is no evidence of scope creep into unrelated areas."},"complexity_factors":["Short length — only 8 regulations plus interpretation section","Minimal defined terms — only 3 definitions ('Act', 'school of anatomy', 'Standard')","Single external document incorporated by reference (the Standard), creating some opacity as the Standard's content is not reproduced","Straightforward conditional logic — only one warrant requirement (regulation 7(2)-(3)) and one privilege against self-incrimination (regulation 7(7))","No nested exceptions or complex cross-referencing between multiple Parts","Evidentiary provision (regulation 8) is standard and self-contained"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set the rules for how **schools of anatomy** in South Australia must operate. Schools of anatomy are places where medical students and researchers study human bodies (usually donated after death) to learn about anatomy.\n\n**Who it affects:**\n\n*   **Four specific institutions:** Flinders University, the University of Adelaide, University of South Australia, and the South Australian Health and Medical Research Institute Limited. These are the only places legally allowed to run anatomy schools under these rules.\n*   **Staff and workers** at these schools — anyone working there must follow the rules.\n*   **Government inspectors** appointed by the Minister to check that everything is being done properly.\n\n**The key requirements:**\n\n*   **Follow the Standard:** All anatomy schools and their staff must comply with a document called the *Standard for the Operation, Management and Oversight of Schools of Anatomy* (published in November 2017). This Standard sits outside the regulations but has legal force through these rules.\n*   **Inspection powers:** Appointed inspectors can enter anatomy schools and related premises to check compliance. They can:\n    *   Inspect and search the premises\n    *   Demand documents and equipment\n    *   Ask questions (though people can refuse if it would incriminate them)\n    *   Take photos and seize evidence of offences\n    *   Enter private homes **only with a warrant** from a magistrate\n*   **Penalties:** Breaking these rules can result in fines up to $2,500.\n\n**Why it matters:**\n\nHuman tissue and body donation for medical education is sensitive and highly regulated. These regulations ensure dignity for donors, proper training for medical professionals, and public confidence that anatomy schools operate ethically and safely. The inspection powers create accountability — making sure the institutions actually follow the rules."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text was not available for review. The submission contained only a website error page from the South Australian legislation portal, with no regulatory provisions, schedules, or explanatory material present."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","The document submitted contains only website error messaging and navigation links, not legislative content","Complexity cannot be meaningfully assessed without the actual regulatory provisions","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"The Transplantation and Anatomy Regulations 2018 (SA), made under the Transplantation and Anatomy Act 1983, set rules for organ and tissue donation, use of human bodies and parts for education and research, and anatomical examinations. They affect donors and families, medical professionals, hospitals and research institutions by governing consent, recording and lawful use of human material—matters central to clinical care, research and bereavement practices."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations operationalise the Act by naming which institutions are prescribed (reg 4), imposing mandatory compliance with a Minister-published Standard on schools of anatomy and persons undertaking duties (reg 5), and establishing enforcement mechanisms: Minister-appointed inspectors with specified powers (regs 6–7) and an evidentiary certificate to prove the Standard or inspector status (reg 8). This shifts practical scope and enforcement costs onto the listed institutions and staff, and vests inspection discretion with the Minister and appointed inspectors."},"complexity_factors":["Short, focused instrument with straightforward structure (regs 1–3) reducing navigational complexity.","Prescribes specific covered institutions (reg 4), which concretely changes who is in scope but is simple to apply.","Mandates compliance with an externally published Standard and imposes a monetary penalty on institutions or individuals for breaches (reg 5) — creates ongoing compliance and record-keeping burdens for staff and institutions.","Ministerial appointment of inspectors and requirement to issue identity certificates (reg 6) confers administrative discretion over who enforces the rules.","Broad inspector powers to enter, search, require production of documents, retain copies, photograph, seize evidence and give directions, plus ability to be accompanied by assistants, and limits on entering residences without warrant (reg 7) — raises legal and operational complexity around warrants, seizure, and procedural safeguards.","Offences for obstructing inspectors and limited privilege against self‑incrimination for natural persons (reg 7(6)–(7)) introduce criminal exposure and evidentiary risks for individuals.","Evidentiary provision allowing Minister-signed certificates to prove the Standard or inspector status (reg 8) simplifies proof but shifts evidentiary burdens in proceedings.","Dependence on an external document (the Standard defined in reg 3) means operational detail sits outside the regulations, creating implementation and interpretation risk where the Standard must be consulted alongside the regulations."],"plain_english_summary":"These regulations require schools of anatomy and people working in them to follow a Minister-published Standard and list four named institutions that are covered. They also set out powers for Minister-appointed inspectors to enter, examine, copy or seize materials and to require answers, and create penalties and an evidentiary certificate rule. The rules matter because they place compliance costs and record-keeping obligations on institutions and staff, and give the Minister and inspectors enforceable discretion over oversight and inspections."}},"importantCases":[],"_links":{"self":"/api/acts/transplantation-and-anatomy-regulations-2018","history":"/api/acts/transplantation-and-anatomy-regulations-2018/history","analysis":"/api/acts/transplantation-and-anatomy-regulations-2018/analysis","conflicts":"/api/acts/transplantation-and-anatomy-regulations-2018/conflicts","importantCases":"/api/acts/transplantation-and-anatomy-regulations-2018/important-cases","documents":"/api/acts/transplantation-and-anatomy-regulations-2018/documents"}}