22Revocation of consent

### 22 Revocation of consent > > (1)  A reference in this section, in relation to a consent given for the purposes of this Act, to the donor shall be read  – > > > > > > (a) in a case in which the consent is given in respect of a child  – as a reference to the child; > > > > > > > (b) in any other case  – as a reference to the person who gave the consent. > > > (2)  A person who gives, or either or both of the persons who jointly give, a consent for the purposes of this Act may at any time thereafter revoke that consent by indicating, either orally or in writing  – > > > > > > (a) where the donor, in relation to that consent, is a patient in a hospital  – > > > > > > > > > > (i) [*\[Section 22 Subsection (2) amended by No. 11 of 2024, s. 12, Applied:05 Sep 2024\]*](/view/html/inforce/2024-09-05/act-2024-011#GS12@Hpa@EN) to any employee of that hospital; > > > > > > > > > > > (ii) to a medical practitioner who is attending the donor in a professional capacity; or > > > > > > > > > > > (iii) to a registered nurse employed at that hospital; > > > > > > > (b) where the donor is not a patient in a hospital  – to a medical practitioner who is attending the donor in a professional capacity  – > > > > that the consent is revoked. > > > (3)  Where  – > > > > > > (a) the donor is a patient in a hospital; and > > > > > > > (b) [*\[Section 22 Subsection (3) amended by No. 11 of 2024, s. 12, Applied:05 Sep 2024\]*](/view/html/inforce/2024-09-05/act-2024-011#GS12@Hpb@EN) a person, being the person who gave, or one of the persons who jointly gave, the consent for the purposes of this Act, indicates to a person referred to in [subsection (2)(a)](#GS22@Gs2@Hpa@EN) that the consent is revoked – > > > > the last-mentioned person shall inform a designated officer for that hospital forthwith of the revocation of the consent. > > > (4)  [*\[Section 22 Subsection (4) substituted by No. 11 of 2024, s. 12, Applied:05 Sep 2024\]*](/view/html/inforce/2024-09-05/act-2024-011#GS12@Hpc@EN) Where a person revokes a consent in accordance with [subsection (2)](#GS22@Gs2@EN)  – > > > > > > (a) if the donor is a patient in a hospital at the time of the revocation – the person to whom the revocation is communicated in accordance with [subsection (2)](#GS22@Gs2@EN) or [(3)](#GS22@Gs3@EN) ; or > > > > > > > (b) if the donor is not a patient in a hospital at that time – any medical practitioner who becomes aware that the consent has been revoked – > > > > must, if it appears to the person specified in [paragraph (a)](#GS22@Gs4@Hpa@EN) or [(b)](#GS22@Gs4@Hpb@EN) , after making such inquiries (if any) as are reasonable in the circumstances, that a medical practitioner is proposing to rely on the consent in connection with the removal of tissue from the body of the donor, inform that medical practitioner as soon as possible that the consent has been revoked. > > > (5)  [*\[Section 22 Subsection (5) amended by No. 11 of 2024, s. 12, Applied:05 Sep 2024\]*](/view/html/inforce/2024-09-05/act-2024-011#GS12@Hpd@EN) Where a consent is revoked, a person who has in the person’s possession the instrument of consent shall, upon being informed by a designated officer for a hospital or by the medical practitioner to whom the revocation is communicated that the consent has been revoked, surrender – > > > > > > (a) that instrument; and > > > > > > > (b) [*\[Section 22 Subsection (5) amended by No. 11 of 2024, s. 12, Applied:05 Sep 2024\]*](/view/html/inforce/2024-09-05/act-2024-011#GS12@Hpe@EN) if a certificate given in accordance with [section 9](#GS9@EN) or [13](#GS13@EN) is in the person’s possession, being a certificate relating to the consent – that certificate – > > > > to the person, or one of the persons, who revoked the consent.