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[s 86] Health Legislation Amendment Bill (No. 3) 2025 Part 9 Amendment of Transplantation and Anatomy Act 1979 Page 52 Authorised by the Parliamentary Counsel 86 Insertion of new s 18A After section 18— insert— 18A Consents to removal of blood from children or adults with impaired capacity for determining tissue donation viability (1) This section applies in relation to a person who is— (a) a child; or (b) an adult who does not have capacity to consent to the removal of blood from the person’s body. (2) The senior available next of kin of the person may consent in writing to the removal of blood from the body of the person for the purpose of determining tissue donation viability. 87 Replacement of s 19 (Consent to be sufficient authority for removal of blood) Section 19— omit, insert— 19 Consent to be sufficient authority for removal of blood A consent given by or for a person under this division is sufficient authority for the removal of blood from the body of the person. 88 Insertion of new pt 3A After section 25— insert— Part 3A Ante-mortem interventions Clause 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Clause 17 18 19 20 21 22 23 24 25 Clause 26 27 28 29 30

[s 88] Health Legislation Amendment Bill (No. 3) 2025 Part 9 Amendment of Transplantation and Anatomy Act 1979 Page 53 Authorised by the Parliamentary Counsel 25A What is an ante-mortem intervention (1) An ante-mortem intervention is a medical procedure that is carried out on a living person to determine, maintain or improve the viability of tissue for transplanting, after the person’s death, to the body of another living person. (2) However, removing blood from the body of a living person for the purpose of determining tissue donation viability is not an ante-mortem intervention. Note— See section 18A in relation to removing blood for determining tissue donation viability. 25B Authority for ante-mortem intervention—adult with capacity (1) A person who is an adult may consent to the carrying out of an ante-mortem intervention on the person. (2) A consent under subsection (1) is sufficient authority to carry out the ante-mortem intervention on the person. 25C Authority for ante-mortem intervention—child or adult with impaired capacity (1) This section applies if— (a) a person is in a hospital; and (b) the person is— (i) a child; or (ii) an adult who does not have capacity to consent to the carrying out of an ante-mortem intervention on the person; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

[s 88] Health Legislation Amendment Bill (No. 3) 2025 Part 9 Amendment of Transplantation and Anatomy Act 1979 Page 54 Authorised by the Parliamentary Counsel (c) a decision or direction has been lawfully made to withhold or withdraw life-sustaining measures for the person; and Note— See the Guardianship and Administration Act 2000 and the Powers of Attorney Act 1998 in relation to withholding or withdrawing life-sustaining measures for an adult who has impaired capacity. (d) before the withholding or withdrawal of life-sustaining measures, a decision or direction mentioned in paragraph (c) has not been revoked. (2) A designated officer may, in writing, authorise the carrying out of an ante-mortem intervention on the person if— (a) the senior available next of kin of the person gives written consent for the carrying out of the ante-mortem intervention; and (b) the consent is not revoked before the ante-mortem intervention is carried out. (3) However, if it is not practicable for the consent to be given in writing, it may be given orally. (4) If the consent is given orally under subsection (3), the designated officer must ensure that, as soon as practicable— (a) the fact of the giving of the consent and the details of the consent are reduced to writing and placed on the person’s hospital records; and (b) reasonable attempts are made to have the consent confirmed in writing by the senior available next of kin. (5) The designated officer must ensure that a written consent obtained under subsection (2)(a) or (4)(b) is placed on the person’s hospital records as soon 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36