27CAuthority to carry out ante-mortem procedures

#### 27C Authority to carry out ante-mortem procedures 27C Authority to carry out ante-mortem procedures > > (1) A designated officer in relation to a hospital may authorise the carrying out of an ante-mortem procedure if the potential tissue donor provides consent. > > > (2) If the potential tissue donor lacks the capacity to provide consent under subsection (1), the designated officer may authorise the carrying out of an ante-mortem procedure if— > > > > > (a) there are one or more senior available next of kin of the potential tissue donor and a senior available next of kin provides consent under section 27D, or > > > > > (b) there are no known senior available next of kin of the potential tissue donor and the designated officer is satisfied that— > > > > > > > (i) the potential tissue donor has, during the potential tissue donor’s lifetime, provided consent in writing to the removal of tissue for a relevant purpose, and > > > > > > > (ii) the consent has not been revoked, and > > > > > > > (iii) the potential tissue donor has not expressed an objection to the carrying out of an ante-mortem procedure on the potential tissue donor. > > > (3) Despite subsections (1) and (2), a designated officer must not give an authorisation unless— > > > > > (a) the designated officer is reasonably satisfied an authorisation to remove tissue after the death of the potential tissue donor under the Act, Part 4 will be given, and > > > > > (b) a prescribed practitioner has certified in writing that the prescribed practitioner is reasonably satisfied— > > > > > > > (i) the death of the potential tissue donor is imminently expected, and > > > > > > > (ii) the carrying out of an ante-mortem procedure on the potential tissue donor will not— > > > > > > > > > (A) hasten the death of the potential tissue donor, or > > > > > > > > > (B) cause more than minimal harm to the potential tissue donor, or > > > > > > > > > (C) cause undue risk to the potential tissue donor. > > > (4) In this section— > > > > experienced medical practitioner means a medical practitioner who has been a registered medical practitioner for at least 5 years. > > > > prescribed practitioner means a designated specialist or, if a designated specialist is not available, an experienced medical practitioner, who is not involved in— > > > > > (a) transplantation procedures, or > > > > > (b) the care of the potential tissue donor, or > > > > > (c) the care of a potential recipient of tissue. > > **s 27C:** Ins 2024 No 13, Sch 1\[2\].