QLDIn ForceAct
Guardianship and Administration Act 2000
sec.69Donation of tissue
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### sec.69 Donation of tissue
The tribunal may consent, for an adult with impaired capacity for the special health matter concerned, to removal of tissue from the adult for donation to another person only if the tribunal is satisfied—
the risk to the adult is small; and
the risk of failure of the donated tissue is low; and
the life of the proposed recipient would be in danger without the donation; and
no other compatible donor is reasonably available; and
there is, or has been, a close personal relationship between the adult and proposed recipient.
The tribunal may not consent if the adult objects to the removal of tissue for donation.
Section 67 , which effectively enables an adult’s objection to be overridden in some cases, does not apply.
If the tribunal consents to removal of tissue for donation, the tribunal’s order must specify the proposed recipient.
s 69 amd 2010 No. 2 s 96 sch 1
(sec.69-ssec.1) The tribunal may consent, for an adult with impaired capacity for the special health matter concerned, to removal of tissue from the adult for donation to another person only if the tribunal is satisfied— the risk to the adult is small; and the risk of failure of the donated tissue is low; and the life of the proposed recipient would be in danger without the donation; and no other compatible donor is reasonably available; and there is, or has been, a close personal relationship between the adult and proposed recipient.
(sec.69-ssec.2) The tribunal may not consent if the adult objects to the removal of tissue for donation. Section 67 , which effectively enables an adult’s objection to be overridden in some cases, does not apply.
(sec.69-ssec.3) If the tribunal consents to removal of tissue for donation, the tribunal’s order must specify the proposed recipient.
- (a) the risk to the adult is small; and
- (b) the risk of failure of the donated tissue is low; and
- (c) the life of the proposed recipient would be in danger without the donation; and
- (d) no other compatible donor is reasonably available; and
- (e) there is, or has been, a close personal relationship between the adult and proposed recipient.