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Transplantation and Anatomy Act 1978
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Australian Capital Territory
Transplantation and Anatomy Act 1978
A1978-44
Republication No 18
Effective: 10 December 2022
Republication date: 10 December 2022
Last amendment made by A2022-24
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Transplantation and Anatomy Act 1978 (including any amendment
made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on
10 December 2022. It also includes any commencement, amendment, repeal or expiry affecting
this republished law to 10 December 2022.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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contents 1
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Transplantation and Anatomy Act 1978
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Dictionary 2
3 Notes 2
4 Meaning of transplantation 2
5 Designated officers 3
Part 2 Donations of tissue by living persons
Division 2.1 Exclusion of certain tissue
6 Meaning of tissue in pt 2 4
Division 2.2 Donations by adults
7 Blood transfusions not subject to div 2.2 4
8 Consent by adult living donor to removal of regenerative tissue 4
Contents
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9 Consent by adult living donor to removal of non-regenerative tissue for
transplantation 4
10 Doctor may give certificate in relation to consent 5
Division 2.3 Donations from children
11 Blood transfusions not subject to div 2.3 5
12 Reference to parent not to include guardian etc 5
13 Removal for transplantation of regenerative tissue from body of child 6
14 Removal for transplantation of non-regenerative tissue from body of
child 6
Division 2.4 Effect of consents and authorities
15 Effect of consent under s 8 8
16 Effect of consent under s 9 9
16A Effect of consent by ACAT 9
17 Effect of consent under s 13 9
18 Effect of authority under s 14 10
19 When written consent not sufficient authority 10
Division 2.5 Blood transfusions
20 Consents by people 16 years old or older to removal of blood 11
21 Consents to removal of blood from children under 16 years old 11
22 Consent to be sufficient authority for removal of blood at certain places 12
23 Administration of blood transfusions to children without parental
consent 12
Division 2.6 Revocation of consent or agreement
24 Revocation of consent 13
25 Child no longer in agreement with removal and transplantation 15
Part 3 Donations of tissue after death
27 Authority to remove tissue if body of deceased at hospital 17
28 Authority to remove tissue if body of deceased not at hospital 18
29 Consent by coroner—pt 3 19
30 Certificate of specialist etc required in certain situations 20
31 Effect of authority under pt 3 21
Part 4 Post-mortem examinations
32 Authority for post-mortem examination 23
Contents
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33 Authority for post-mortem examination if body of deceased not at
hospital 24
34 Consent by coroner—pt 4 25
35 Effect of authority under pt 4 26
Part 5 Donations for anatomical purposes
36 Meaning of school of anatomy—pt 5 27
37 Authority for anatomy if body of deceased at hospital 27
38 Authority for anatomy if body of deceased not at hospital 28
39 Provisions applicable if deceased person consented to retention of his
or her body for anatomy 29
40 Consent by coroner—pt 5 29
41 Effect of authority under pt 5 30
Part 6 Schools of anatomy
42 Schools of anatomy 31
43 Regulations for the control etc of schools of anatomy 31
Part 7 Prohibition of trading in tissue
44 Certain contracts not to be entered into 33
Part 8 Definition of death
45 When death occurs 34
Part 9 Miscellaneous
46 Act does not prevent specified removals of tissue etc 35
47 Exclusion of liability of person acting under consent or authority 35
48 Offences 36
49 Disclosure of information 37
51 Regulation-making power 40
Dictionary 41
Endnotes
1 About the endnotes 44
Contents
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2 Abbreviation key 44
3 Legislation history 45
4 Amendment history 49
5 Earlier republications 53
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Transplantation and Anatomy Act 1978
An Act to make provision for and in relation to the removal of human tissues for
transplantation, for post-mortem examinations, for the definition of death, for the
regulation of schools of anatomy, and for related purposes
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Transplantation and Anatomy Act 1978.
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms defined
elsewhere in this Act.
For example, the signpost definition ‘school of anatomy, for part 5
(Donations for anatomical purposes)—see section 36.’ means that the
term ‘school of anatomy’ is defined in that section for part 5.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act, s 155 and s 156 (1)).
3 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.
4 Meaning of transplantation
For this Act, the transplantation of tissue includes the transplantation
of any part of the tissue and the transplantation of a substance
obtained from the tissue.
Preliminary Part 1
Section 5
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5 Designated officers
(1) The Minister may appoint a person as a designated officer for a
hospital run by the Territory.
(2) The entity having management and control of a hospital not run by
the Territory may appoint a person as a designated officer for the
hospital.
(3) A person must not be appointed as a designated officer unless—
(a) the person is a doctor; or
(b) the appointer is satisfied the person has suitable clinical
knowledge and experience in relation to organ and tissue
retrieval and transplantation.
Note 1 For the making of appointments (including acting appointments), see the
Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular provision of a
law (see Legislation Act, s 7 (3)) and an appointment may be made by
naming a person or nominating the occupant of a position (see Legislation
Act, s 207).
Note 3 Certain Ministerial appointments require consultation with an Assembly
committee and are disallowable (see Legislation Act, div 19.3.3).
Part 2 Donations of tissue by living persons
Division 2.1 Exclusion of certain tissue
Section 6
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Part 2 Donations of tissue by living
persons
Division 2.1 Exclusion of certain tissue
6 Meaning of tissue in pt 2
In this part:
tissue does not include fetal tissue, spermatozoa or ova.
Division 2.2 Donations by adults
7 Blood transfusions not subject to div 2.2
Nothing in this division prevents the removal in accordance with
division 2.5 of blood from the body of a person.
8 Consent by adult living donor to removal of regenerative
tissue
A person may give his or her written consent to the removal from his
or her body of specified regenerative tissue (other than blood)—
(a) for the purpose of the transplantation of the tissue to the body of
another living person; or
(b) for use for other therapeutic purposes or for medical or scientific
purposes.
9 Consent by adult living donor to removal of non-
regenerative tissue for transplantation
(1) A person may give his or her written consent to the removal from his
or her body, at any time after the end of 24 hours from the time when
the consent is given, of specified non-regenerative tissue for the
purpose of the transplantation of the tissue to the body of another
living person.
Donations of tissue by living persons Part 2
Donations from children Division 2.3
Section 10
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(2) A consent given under subsection (1) shall specify the time when the
consent is given.
10 Doctor may give certificate in relation to consent
A doctor may certify in writing—
(a) that the written consent of a person, the terms of which consent
are set out in the certificate, was given in his or her presence;
and
(b) that he or she explained to the person before the consent was
given the nature and effect of the removal from the body of that
person of the tissue specified in the consent; and
(c) that he or she is satisfied—
(i) that, at the time the consent was given, the person was at
least 18 years old; and
(ii) that, at that time, the person was of sound mind; and
(iii) that the consent was freely given.
Division 2.3 Donations from children
11 Blood transfusions not subject to div 2.3
Nothing in this division prevents the removal in accordance with
division 2.5 of blood from the body of a child.
12 Reference to parent not to include guardian etc
In this division, a reference to the parent of a child does not include
a reference to the guardian of a child or to another person standing in
place of a parent to the child.
Part 2 Donations of tissue by living persons
Division 2.3 Donations from children
Section 13
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13 Removal for transplantation of regenerative tissue from
body of child
(1) A person who is a parent of a child may give his or her written consent
to the removal from the body of the child of specified regenerative
tissue for the purpose of the transplantation of the tissue to the body
of another member of the family of the child or to the body of a
relative of the child.
(2) A doctor may certify in writing—
(a) that the written consent of a person who is a parent of a child,
the terms of which consent are set out in the certificate, was
given in his or her presence; and
(b) that he or she explained to the person and to the child before the
consent was given the nature and effect of the removal from the
body of that child of the tissue specified in the consent and the
nature of the transplantation of that tissue; and
(c) that he or she is satisfied that, at the time the consent was given,
the child—
(i) understood the nature and effect of the removal of the
tissue and the nature of the transplantation; and
(ii) was in agreement with the proposed removal and
transplantation of tissue.
14 Removal for transplantation of non-regenerative tissue
from body of child
(1) A person who is a parent of a child may give his or her written consent
to the removal from the body of the child, at any time after the end of
24 hours from the time when the consent is given, of specified non-
regenerative tissue for the purpose of the transplantation of the tissue
to the body of another member of the family of the child.
(2) A consent given under subsection (1) shall specify the time when the
consent is given.
Donations of tissue by living persons Part 2
Donations from children Division 2.3
Section 14
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(3) A doctor may certify in writing—
(a) that the consents in writing of both persons who are the parents
of a child, the terms of which consents are set out in the
certificate, were given in his or her presence; and
(b) that, before the consents were given—
(i) he or she advised those persons and the child that a person
who was a member of the family of the child was in danger
of dying unless certain non-regenerative tissue was
transplanted to the body of that person from the body of
another person; and
(ii) he or she explained to those persons and the child the
nature and effect of the removal from the body of the child
of the tissue specified in the consent and the nature of the
transplantation of that tissue; and
(c) that he or she is satisfied that, at the time the consent was given,
the child—
(i) understood the nature and effect of the removal of the
tissue and the nature of the transplantation; and
(ii) was in agreement with the proposed removal and
transplantation of tissue.
(4) If each of the parents of a child gives a written consent under
subsection (1) and a doctor gives a certificate in accordance with
subsection (3) in relation to those consents, the doctor who gives that
certificate shall refer the matter to the committee appointed in
accordance with subsection (5).
(5) The Minister must appoint the following to be a committee for this
section:
(a) a judge of the Supreme Court;
(b) a doctor;
Part 2 Donations of tissue by living persons
Division 2.4 Effect of consents and authorities
Section 15
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(c) a social worker or psychologist.
Note 1 For the making of appointments (including acting appointments), see the
Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular provision of a
law (see Legislation Act, s 7 (3)) and an appointment may be made by
naming a person or nominating the occupant of a position (see Legislation
Act, s 207).
Note 3 Certain Ministerial appointments require consultation with an Assembly
committee and are disallowable (see Legislation Act, div 19.3.3).
(6) If only 1 parent of a child is available and that parent gives a written
consent under subsection (1), a doctor who gives a certificate in
relation to that consent that is restricted in all respects to that parent
and the child but is otherwise in accordance with subsection (3) shall
refer the matter to the committee appointed in accordance with
subsection (5).
(7) If a doctor, in accordance with this section, refers a matter to the
committee appointed for this section, the committee may, if each of
the members of the committee is of the opinion that it is desirable in
all the circumstances of the case that the tissue referred to in the
consent or consents, as the case may be, be removed from the body
of the child for transplantation to the body of the other person referred
to in the consent or consents to, authorise, in writing, the removal of
that tissue for the purpose of transplantation to the body of that other
person.
Division 2.4 Effect of consents and authorities
15 Effect of consent under s 8
Subject to section 19, a document that purports to be a consent given
in accordance with section 8 is, if a certificate has been given in
accordance with section 10 in relation to that consent, sufficient
authority for a doctor, other than the doctor who gave the certificate,
to remove the regenerative tissue specified in the consent for the
purpose or the use, as the case may be, specified in the consent.
Donations of tissue by living persons Part 2
Effect of consents and authorities Division 2.4
Section 16
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16 Effect of consent under s 9
Subject to section 19, a document that purports to be a consent given
in accordance with section 9 is, if a certificate has been given in
accordance with section 10 in relation to that consent, sufficient
authority for a doctor, other than the doctor who gave the certificate,
to remove, at any time after the end of 24 hours from the time
specified in the consent to be the time when the consent was given,
the non-regenerative tissue specified in the consent for the purpose of
the transplantation of the tissue to the body of another living person.
16A Effect of consent by ACAT
Subject to section 19, an order by the ACAT under the Guardianship
and Management of Property Act 1991, section 70 consenting to the
removal of specified non-regenerative tissue from a person for
transplantation is sufficient authority for a doctor to remove, at any
time after 24 hours after the time the order was made, the non-
regenerative tissue specified in the order for the purpose of
transplantation of the tissue to the body of another living person.
17 Effect of consent under s 13
Subject to section 19, a document that purports to be a consent given
in accordance with section 13 (1) is, if a certificate has been given in
accordance with section 13 (2) in relation to that consent, sufficient
authority for a doctor, other than the doctor who gave the certificate,
to remove the regenerative tissue specified in the consent for the
purpose specified in the consent.
Part 2 Donations of tissue by living persons
Division 2.4 Effect of consents and authorities
Section 18
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18 Effect of authority under s 14
(1) Subject to subsection (2), an authority given in accordance with
section 14 by the committee established for that section is sufficient
authority for a doctor, other than the doctor who gave a certificate in
accordance with that section, to remove, at any time after the end of
24 hours from the time when the latest relevant consent under
section 14 (1) was given, the non-regenerative tissue specified in the
authority for the purpose of transplantation to the body of the other
person referred to in the authority.
(2) Subsection (1) does not apply in relation to a doctor—
(a) who has been informed—
(i) that a consent given under section 14 (1) that is relevant in
relation to the authority has been revoked; or
(ii) that the child referred to in the consent is no longer in
agreement with the removal and transplantation of the
tissue specified in the authority; or
(b) who knows or has reasonable grounds for suspecting that the
certificate given in accordance with section 14 that is relevant in
relation to the authority contains a false statement.
19 When written consent not sufficient authority
(1) A document that purports to be a consent given in accordance with
section 8, 9 or 13 (1) is not sufficient authority for a doctor to remove
tissue if—
(a) the doctor has been informed that the consent has been revoked;
or
(b) the doctor knows or has reasonable grounds for suspecting that
a certificate given for section 10 or 13 (2), as the case may be,
in relation to that document contains a false statement; or
Donations of tissue by living persons Part 2
Blood transfusions Division 2.5
Section 20
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(c) for a document that purports to be a consent given in accordance
with section 13 (1)—the doctor has been informed that the child
is no longer in agreement with the removal and transplantation
of the tissue.
(2) A document that purports to be an order of the kind mentioned in
section 16A is not sufficient authority for a doctor to remove tissue if
the doctor has been informed that the order has been revoked.
Division 2.5 Blood transfusions
20 Consents by people 16 years old or older to removal of
blood
A person, other than a child under 16 years old, who is of sound mind
may consent to the removal of blood from his or her body—
(a) for transfusion to another person; or
(b) for the purpose of the use of the blood or of any of its
constituents for other therapeutic purposes or for medical or
scientific purposes.
21 Consents to removal of blood from children under 16
years old
The parent of a child under 16 years old may consent to the removal
of blood from the body of the child for a purpose referred to in section
20 if—
(a) a doctor advises that the removal is not likely to be prejudicial
to the health of the child; and
(b) the child agrees to the removal.
Part 2 Donations of tissue by living persons
Division 2.5 Blood transfusions
Section 22
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22 Consent to be sufficient authority for removal of blood at
certain places
A consent duly given under section 20 or 21 is sufficient authority for
the removal of blood from the body of the person who has given the
consent, or from the body of the child of the person who has given
the consent, as the case requires—
(a) at a hospital; or
(b) at premises, or in a vehicle, used by the Australian Red Cross
Society, or by another body approved by the Minister for this
division, for the removal of blood from the bodies of persons.
23 Administration of blood transfusions to children without
parental consent
(1) In this section:
blood transfusion means the transfusion of human blood or any of
the constituents of human blood.
child means a person who has not turned 18 years old.
(2) The operation of removing all or part of the blood of a person and
replacing it with blood taken from another person shall, for this
section, be deemed to be a blood transfusion.
(3) Subject to subsection (4), a doctor may administer a blood transfusion
to a child without the consent of a parent of the child or a person
having authority to consent to the administration of the transfusion
if—
(a) that doctor and at least 1 other doctor are of the opinion that the
child is in danger of dying and that the administration of a blood
transfusion to the child is the best means of preventing the death
of the child; and
(b) the firstmentioned doctor has satisfied himself or herself that the
blood to be transfused is compatible with the blood of the child.
Donations of tissue by living persons Part 2
Revocation of consent or agreement Division 2.6
Section 24
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(4) A doctor is not entitled to administer a blood transfusion to a child
under subsection (3) unless—
(a) a parent of the child, or a person having authority to consent to
the administration of the transfusion, on being asked to consent
to the administration of the transfusion, has failed to give his or
her consent; or
(b) the doctor is of the opinion that, in the circumstances, it is not
practicable to delay the administration of the transfusion until
the consent of a parent of the child or a person having authority
to consent to the administration of the transfusion can be
obtained.
(5) If a blood transfusion is administered to a child in accordance with
this section, the transfusion shall, for all purposes, be deemed to have
been administered with the consent of a parent of the child or a person
having authority to consent to the administration of the transfusion.
(6) Nothing in this section relieves a doctor from liability in relation to
the administration of a blood transfusion to a child, being a liability
to which he or she would have been subject if the transfusion had
been administered with the consent of a parent of the child or a person
having authority to consent to the administration of the transfusion.
Division 2.6 Revocation of consent or agreement
24 Revocation of consent
(1) A reference in this section, in relation to a consent given for this Act,
to the donor is—
(a) if the consent is given in relation to a child—a reference to the
child; and
(b) in any other case—a reference to the person who gave the
consent.
Part 2 Donations of tissue by living persons
Division 2.6 Revocation of consent or agreement
Section 24
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(2) A person who gives a consent for this Act may at any time afterwards
revoke that consent by indicating, either orally or in writing—
(a) if the donor, in relation to that consent, is a patient in a
hospital—
(i) to a designated officer for that hospital; or
(ii) to a doctor who is attending the donor in a professional
capacity; or
(iii) to a nurse or enrolled nurse employed at that hospital; and
(b) if the donor is not a patient in a hospital—to a doctor who is
attending the donor in a professional capacity;
that the consent is revoked.
(3) If—
(a) the donor is a patient in a hospital; and
(b) the person who gave the consent for this Act indicates to a
person referred to in subsection (2) (a) (ii) or (iii) that the
consent is revoked;
that person shall inform a designated officer for that hospital
forthwith of the revocation of the consent.
(4) If a person revokes his or her consent in accordance with
subsection (2)—
(a) if the donor is a patient in a hospital at the time of the
revocation—the designated officer for the hospital to whom the
revocation is communicated in accordance with subsection (2)
or (3); or
Donations of tissue by living persons Part 2
Revocation of consent or agreement Division 2.6
Section 25
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(b) if the donor is not a patient in a hospital at that time—the doctor
to whom the revocation is communicated;
shall, if it appears to him or her, after making the inquiries (if any)
that are reasonable in the circumstances, that a doctor is proposing to
rely on the consent in connection with the removal of tissue from the
body of the donor, inform that doctor forthwith that the consent has
been revoked.
(5) If a consent is revoked, a person who has in his or her possession the
instrument of consent shall, on being informed by a designated officer
for a hospital or by the doctor to whom the revocation is
communicated that the consent has been revoked, surrender—
(a) that instrument; and
(b) if a certificate given in accordance with section 10, 13 (2) or
14 (3) is in his or her possession, being a certificate relating to
the consent—that certificate;
to the person who gave the consent.
25 Child no longer in agreement with removal and
transplantation
(1) If a doctor has given a certificate in accordance with section 13 (2) or
14 (3) and the child in relation to whom the certificate has been given
informs—
(a) if the child is a patient in a hospital—
(i) a designated officer for that hospital; or
(ii) a doctor who is attending the child in a professional
capacity; or
(iii) a nurse or enrolled nurse employed at that hospital; and
Part 2 Donations of tissue by living persons
Division 2.6 Revocation of consent or agreement
Section 25
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(b) if the child is not a patient in a hospital—a doctor who is
attending the child in a professional capacity;
that he or she is no longer in agreement with the proposed removal
and transplantation of tissue, subsections (2) to (4) have effect.
(2) If—
(a) the child is a patient in a hospital; and
(b) the person whom he or she so informs is a person referred to in
subsection (1) (a) (ii) or (iii);
that person shall inform a designated officer for that hospital
forthwith that the child is no longer in agreement with the proposed
removal and transplantation of tissue.
(3) The designated officer for the hospital or, if the child is not a patient
in a hospital, the doctor who is attending the child in a professional
capacity shall, if it appears to him or her, after making the inquiries
(if any) that are reasonable in the circumstances, that a doctor is
proposing to remove the tissue from the body of the child, inform that
doctor forthwith that the child is no longer in agreement with the
proposed removal and transplantation of tissue.
(4) A person who is informed that the child is no longer in agreement
with the proposed removal and transplantation of tissue shall, if he or
she has in his or her possession the instrument of consent that relates
to the removal and transplantation of the tissue, surrender—
(a) that instrument; and
(b) if the certificate given in accordance with subsection 13 (2) or
14 (3) is in his or her possession—that certificate;
to the person who gave the consent.
Donations of tissue after death Part 3
Section 27
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Part 3 Donations of tissue after death
27 Authority to remove tissue if body of deceased at
hospital
(1) Subject to this part, if it appears to a designated officer for a hospital,
after making the inquiries that are reasonable in the circumstances,
that a deceased person who has died in the hospital or whose dead
body has been brought into the hospital—
(a) had, during his or her lifetime, expressed the wish for, or
consented to, the removal after his or her death of tissue from
his or her body—
(i) for the purpose of the transplantation of the tissue to the
body of a living person; or
(ii) for the purpose of the use of the tissue for other therapeutic
purposes or for medical or scientific purposes; and
(b) had not withdrawn the wish or revoked the consent;
the designated officer may, in writing, authorise the removal of tissue
from the body of the deceased person for that purpose.
(2) Subject to this part, if it appears to a designated officer for a hospital,
after making the inquiries that are reasonable in the circumstances in
relation to a deceased person who has died in the hospital or whose
dead body has been brought into the hospital, that—
(a) the designated officer is not authorised by subsection (1) to give
an authority in relation to that person; and
(b) the deceased person had not, during his or her lifetime,
expressed an objection to the removal of tissue from his or her
body; and
Part 3 Donations of tissue after death
Section 28
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(c) the senior available next of kin of the deceased person has not
objected to the removal of tissue from the body of the deceased
person;
the designated officer may, in writing, authorise the removal of tissue
from the body of the deceased person for any of the purposes referred
to in subsection (1) (a).
(3) If a designated officer for a hospital, after making the inquiries that
are reasonable in the circumstances, is unable to ascertain the
existence or whereabouts of the next of kin of the deceased person,
subsection (2) applies as if paragraph (c) were omitted.
(4) The senior available next of kin of a person may make it known to a
designated officer at any time when the person is unconscious before
death that he or she has no objection to the removal, after the death of
the person, of tissue from the body of the person for a purpose referred
to in subsection (1), but the designated officer shall not act on such
an indication if the person recovers consciousness.
(5) If there are 2 or more persons having a description referred to in a
subparagraph of the dictionary, definition of senior available next of
kin, paragraph (a) or (b), an objection by any 1 of those persons has
effect for this section notwithstanding any indication to the contrary
by the other or any other of those persons.
28 Authority to remove tissue if body of deceased not at
hospital
(1) Subject to this part, if the body of a deceased person is at a place other
than a hospital, the senior available next of kin of the deceased person
may, in writing, authorise the removal of tissue from the body of the
deceased person—
(a) for the purpose of the transplantation of the tissue to the body of
a living person; or
(b) for the purpose of the use of the tissue for other therapeutic
purposes or for medical or scientific purposes.
Donations of tissue after death Part 3
Section 29
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(2) If it appears to the senior available next of kin of the deceased person,
after making the inquiries (if any) that are reasonable in the
circumstances, that—
(a) the deceased person had, during his or her lifetime, expressed an
objection to the removal of tissue from his or her body and had
not withdrawn that objection; or
(b) another next of kin of the same or a higher order of the classes
in the dictionary, definition of senior available next of kin,
paragraph (a) or (b) has an objection to the removal of tissue
from the body of the deceased person;
the senior available next of kin shall not, under subsection (1),
authorise the removal of tissue from the body of the deceased person.
(3) If a deceased person, during his or her lifetime, expressed the wish
for, or consented to, the removal after his or her death of tissue from
his or her body for a purpose referred to in subsection (1) and the wish
had not been withdrawn or the consent revoked, the removal of tissue
from the body of the deceased person in accordance with the wish or
consent is, by force of this subsection, authorised.
29 Consent by coroner—pt 3
(1) This section applies to a person if a coroner is or may be required,
under the Coroners Act 1997, section 13 (1), to hold an inquest into
the person’s death.
(2) A designated officer for a hospital or a senior available next of kin,
as the case may be, shall not authorise the removal of tissue from the
body of a deceased person to whom this section applies unless the
coroner has given his or her consent to the removal of the tissue.
(3) Section 28 (3) does not apply in relation to a deceased person to
whom this section applies unless the coroner has given his or her
consent to the removal of tissue from the body of the deceased person.
Part 3 Donations of tissue after death
Section 30
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(4) A coroner may give a direction, either before or after the death of a
person to whom this section applies, that a coroner’s consent to the
removal of tissue from the body of the person after the death of the
person is not required and, in that event, subsections (2) and (3) do
not apply in relation to the removal of tissue from the body of the
person.
(5) A consent or direction by the coroner under this section may be
expressed to be subject to the conditions that are specified in the
consent or the direction.
(6) A consent or direction may be given orally by the coroner, and if so
given, shall be confirmed in writing.
30 Certificate of specialist etc required in certain situations
(1) If—
(a) a person has died within the meaning of section 45; and
(b) at the time when he or she died or at any time afterwards his or
her respiration and the circulation of his or her blood were being
maintained by artificial means;
a designated officer for a hospital shall not give an authority under
this part in relation to that deceased person unless 2 doctors, each of
whom has been for not less than 5 years a doctor and 1 of whom is a
specialist neurologist or neurosurgeon or has the other qualifications
that are prescribed, have each certified in writing—
(c) that he or she carried out appropriate tests on or in relation to the
person while the respiration and the circulation of the blood of
that person were being maintained by artificial means; and
(d) that, in his or her opinion, at the time of the tests, irreversible
cessation of all function of the brain of the person had already
occurred.
Maximum penalty: 50 penalty units.
Donations of tissue after death Part 3
Section 31
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(2) For subsection (1), any period during which a person who is a doctor
practised as a doctor, however described, under the law in force in a
place outside Australia shall be taken into account in calculating the
period of 5 years referred to in that subsection.
31 Effect of authority under pt 3
(1) An authority under this part is sufficient authority for a doctor other
than—
(a) a doctor referred to in section 30 (1); and
(b) if section 27 applies and the designated officer is a doctor––the
designated officer for the hospital who gave the authority;
to remove tissue from the body of the deceased person referred to in
the authority for the purpose referred to in the authority.
(2) Subsection (3) applies to an authority under this part to remove
relevant tissue from the body of a deceased person for the purpose of
transplantation (whether or not the authority is to remove tissue for
any other purpose).
(3) Without limiting subsection (1), the authority is sufficient to authorise
a person other than a doctor to remove relevant tissue from the
deceased person for the purpose of transplantation if the person—
(a) is authorised in writing by the chief health officer to remove
relevant tissue for the purpose of transplantation; and
(b) is not the person who gave the authority mentioned in subsection
(2).
(4) A contravention by a designated officer of section 30 (1) in relation
to the giving of an authority does not affect the validity of the
authority.
Part 3 Donations of tissue after death
Section 31
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(5) In this section:
relevant tissue––
(a) means musculoskeletal, cardiovascular, eye and skin tissue; and
(b) includes any associated tissue, and any whole organ, necessary
to support the effective transplantation of the tissue mentioned
in paragraph (a).
Post-mortem examinations Part 4
Section 32
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Part 4 Post-mortem examinations
32 Authority for post-mortem examination
(1) Subject to section 34, if it appears to a designated officer for a
hospital, after making the inquiries that are reasonable in the
circumstances, that a deceased person who has died in the hospital or
whose dead body has been brought into the hospital—
(a) had, during his or her lifetime, expressed the wish for, or
consented to, a post-mortem examination of his or her body for
the purpose of investigating the cause of his or her death; and
(b) had not withdrawn the wish or revoked the consent;
the designated officer may, in writing, authorise a post-mortem
examination of the body of the deceased person for that purpose.
(2) Subject to section 34, if it appears to a designated officer for a
hospital, after making the inquiries that are reasonable in the
circumstances in relation to a deceased person who has died in the
hospital or whose dead body has been brought into the hospital,
that—
(a) the designated officer is not authorised by subsection (1) to give
an authority in relation to that person; and
(b) the deceased person had not, during his or her lifetime,
expressed an objection to the post-mortem examination of his or
her body; and
(c) the senior available next of kin of the deceased person has not
objected to a post-mortem examination of the body of the
deceased person;
the designated officer may, in writing, authorise a post-mortem
examination of the body of the deceased person for the purpose of
investigating the cause of the death of that person.
Part 4 Post-mortem examinations
Section 33
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(3) If a designated officer for a hospital, after making the inquiries that
are reasonable in the circumstances, is unable to ascertain the
existence or whereabouts of the next of kin of the deceased person,
subsection (2) applies as if paragraph (c) of that subsection were
omitted.
(4) The senior available next of kin of a person may make it known to a
designated officer at any time when the person is unconscious before
death that he or she has no objection to a post-mortem examination
of the body of the person, but the designated officer shall not act on
such an indication if the person recovers consciousness.
(5) If there are 2 or more persons having a description referred to in the
dictionary, definition of senior available next of kin, paragraph (a)
or (b), an objection by any 1 of those persons has effect for this
section notwithstanding any indication to the contrary by the other or
any other of those persons.
33 Authority for post-mortem examination if body of
deceased not at hospital
(1) Subject to this part, if the body of a deceased person is at a place other
than a hospital, the senior available next of kin of the deceased person
may, in writing, authorise a post-mortem examination of the body of
the deceased person for the purpose of investigating the cause of the
death of that person.
(2) If it appears to the senior available next of kin of the deceased person,
after making the inquiries (if any) that are reasonable in the
circumstances, that—
(a) the deceased person had, during his or her lifetime, expressed an
objection to a post-mortem examination of his or her body and
had not withdrawn that objection; or
Post-mortem examinations Part 4
Section 34
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(b) another next of kin of the same or a higher order of the classes
in the dictionary, definition of senior available next of kin,
paragraph (a) or (b) has an objection to the post-mortem
examination of the body of the deceased person;
the senior available next of kin shall not, under subsection (1),
authorise the post-mortem examination of the body of the deceased
person.
(3) If a deceased person, during his or her lifetime, expressed the wish
for, or consented to, a post-mortem examination of his or her body
and the wish had not been withdrawn or the consent revoked, a post-
mortem examination of the body of the deceased person in
accordance with the wish or consent is, by force of this subsection,
authorised.
34 Consent by coroner—pt 4
(1) This section applies to a deceased person if a coroner is or may be
required, under the Coroners Act 1997, section 13 (1), to hold an
inquest into the person’s death.
(2) The designated officer for a hospital or a senior available next of kin,
as the case may be, shall not authorise a post-mortem examination of
the body of a deceased person to whom this section applies unless the
coroner has given his or her consent to the examination.
(3) Section 33 (3) does not apply in relation to a deceased person to
whom this section applies unless the coroner has given his or her
consent to the post-mortem examination of the body of the deceased
person.
(4) The coroner may give a direction that his or her consent to the
removal of tissue from the body of the person is not required and, in
that event, subsections (2) and (3) do not apply to or in relation to the
removal of tissue from the body of the person.
Part 4 Post-mortem examinations
Section 35
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(5) A consent or direction by the coroner under this section may be
expressed to be subject to the conditions that are specified in the
consent or the direction.
(6) A consent or direction may be given orally by the coroner and, if so
given, shall be confirmed in writing.
35 Effect of authority under pt 4
An authority under this part is sufficient authority for a doctor (other
than, if section 32 applies and the designated officer is a doctor, the
designated officer for the hospital who gave the authority)—
(a) to conduct the examination of the body of the deceased person
that is necessary for the purpose of investigating the cause of the
death of the person; and
(b) to remove from the body of the person the tissue that is
necessary for the purpose of the post-mortem examination.
Donations for anatomical purposes Part 5
Section 36
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Part 5 Donations for anatomical
purposes
36 Meaning of school of anatomy—pt 5
In this part:
school of anatomy means—
(a) a school of anatomy established under a law of the Territory or
Commonwealth; or
(b) a school of anatomy the conduct of which is authorised under
this Act; or
(c) a place that is, under section 42 (4), taken to be a school of
anatomy for this Act; or
(d) a school of anatomy that is licensed under a law of a State.
37 Authority for anatomy if body of deceased at hospital
(1) Subject to section 39, if it appears to a designated officer for a
hospital, after making the inquiries that are reasonable in the
circumstances in relation to a deceased person who has died in the
hospital or whose dead body has been brought into the hospital,
that—
(a) the deceased person had not, during his or her lifetime,
expressed an objection to the retention after his or her death of
his or her body—
(i) for the purpose of anatomical examination; or
(ii) for the purpose of the use of his or her body for the study
and teaching of the anatomy of the human body; and
Part 5 Donations for anatomical purposes
Section 38
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(b) the senior available next of kin of the deceased person has no
objection to the retention of the body of the deceased person for
a purpose referred to in paragraph (a);
the designated officer may, in writing, authorise the retention and use
of the body of the deceased person at a school of anatomy for any of
the purposes referred to in paragraph (a).
(2) If a designated officer for a hospital, after making the inquiries that
are reasonable in the circumstances, is unable to ascertain the
existence or whereabouts of the next of kin of the deceased person,
subsection (1) applies as if paragraph (b) were omitted.
(3) The senior available next of kin of a person may make it known to a
designated officer at any time when the person is unconscious before
death that he or she has no objection to the retention after the death
of the person of the body of the person for a purpose referred to in
subsection (1), but the designated officer shall not act on such an
indication if the person recovers consciousness.
(4) If there are 2 or more persons having a description referred to in a
subparagraph of the dictionary, definition of senior available next of
kin, paragraph (a) or (b), an objection by any 1 of those persons has
effect for this section notwithstanding any indication to the contrary
by the other or any other of those persons.
38 Authority for anatomy if body of deceased not at hospital
(1) Subject to this part, if the body of a deceased person is at a place other
than a hospital, the senior available next of kin of the deceased person
may, in writing, authorise the retention and use of the body of the
deceased person at a school of anatomy—
(a) for the purpose of anatomical examination; or
(b) for the purpose of the use of the body for the study and teaching
of the anatomy of the human body.
Donations for anatomical purposes Part 5
Section 39
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(2) If it appears to the senior available next of kin of the deceased person,
after making the inquiries (if any) that are reasonable in the
circumstances, that—
(a) the deceased person had, during his or her lifetime, expressed an
objection to the retention of his or her body for a purpose
referred to in subsection (1) and had not withdrawn that
objection; or
(b) another next of kin of the same or a higher order of the classes
in the dictionary, the definition of senior available next of kin,
paragraph (a) or (b) has an objection to the retention of the body
of the deceased person for that purpose;
the senior available next of kin shall not, under subsection (1),
authorise the retention and use of the body of the deceased person for
that purpose at a school of anatomy.
39 Provisions applicable if deceased person consented to
retention of his or her body for anatomy
If a deceased person, during his or her lifetime, expressed the wish
for, or consented to, the use of his or her body after his or her death
for a purpose referred to in section 37 (1) and the wish had not been
withdrawn or the consent revoked, the removal of the body of the
deceased person to a school of anatomy and the use of the body at a
school of anatomy for a purpose specified in section 37 (1) is
authorised.
40 Consent by coroner—pt 5
(1) This section applies to a deceased person if a coroner is or may be
required, under the Coroners Act 1997, section 13 (1), to hold an
inquest into the person’s death.
Part 5 Donations for anatomical purposes
Section 41
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(2) The designated officer for a hospital or a senior available next of kin
shall not, in relation to the body of a deceased person to whom this
section applies, give an authority under section 37 (1) or 38 (1), as the
case may be, except with the consent of the coroner.
(3) Section 39 does not apply in relation to a deceased person to whom
this section applies unless the coroner has given his or her permission
for the body of the deceased person to be dealt with in accordance
with that section.
(4) The coroner may give a direction that his or her consent to the
removal of tissue from the body of the person is not required and, in
that event, subsections (2) and (3) do not apply to or in relation to the
removal of tissue from the body of the person.
(5) A consent or direction by the coroner under this section may be
expressed to be subject to the conditions that are specified in the
consent or the direction.
(6) A consent or direction may be given orally by the coroner, and if so
given, shall be confirmed in writing.
41 Effect of authority under pt 5
An authority under this part is, for the law of the Territory, sufficient
authority for the removal of the body of the deceased person to a
school of anatomy and for its retention and use at a school of anatomy
for a purpose specified in section 37 (1).
Schools of anatomy Part 6
Section 42
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Part 6 Schools of anatomy
42 Schools of anatomy
(1) The Minister may authorise the conduct within a specified
educational institution of a school of anatomy for the teaching and
study of anatomy and for the carrying on of the practice of anatomy.
(2) An authorisation under subsection (1) may provide that a school of
anatomy is authorised only for the teaching and study of the anatomy
of a specified part of the human body.
(3) The Minister may authorise the carrying out of anatomical
examinations and the teaching and study of the anatomy of the whole
or a specified part of the human body at a place, not other than a place
within an educational institution, specified in the authorisation.
(4) A place specified in an authorisation under subsection (3) is taken to
be a school of anatomy for this Act.
Note A reference to an Act includes a reference to the statutory instruments
made or in force under the Act, including regulations (see Legislation
Act, s 104).
(5) An authorisation under this section is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
43 Regulations for the control etc of schools of anatomy
(1) The regulations may make provision in relation to—
(a) how bodies may be transported to a school of anatomy; and
(b) the conditions subject to which anatomical examinations and the
teaching and study of anatomy and the practice of anatomy may
be carried out; and
(c) the providing of returns and other information by the person in
charge of a school of anatomy; and
Part 6 Schools of anatomy
Section 43
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(d) the precautions to be taken in regard to the receipt, custody and
subsequent internment or cremation of bodies; and
(e) the inspection of schools of anatomy; and
(f) the regulation and control of schools of anatomy.
(2) Regulations making provision in relation to a matter mentioned in
subsection (1) (b), (c), (e) or (f) apply only to a school of anatomy for
which an authorisation under section 42 is in force.
Prohibition of trading in tissue Part 7
Section 44
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Part 7 Prohibition of trading in tissue
44 Certain contracts not to be entered into
(1) Subject to this section, a person shall not enter into a contract or
arrangement under which a person agrees, for valuable consideration,
whether given or to be given to himself or herself or to another
person—
(a) to the sale or supply of tissue from his or her body or from the
body of another person, whether before or after his or her death
or the death of the other person, as the case may be; or
(b) to the post-mortem examination or anatomical examination of
his or her body after his or her death or of the body of another
person after the death of the other person.
Maximum penalty: 50 penalty units.
(2) Subsection (1) does not apply to or in relation to the sale or supply of
tissue other than blood or any of its constituents if the tissue has been
subjected to processing or treatment and the sale or supply is made
for use, in accordance with the directions of a doctor, for therapeutic
or scientific purposes.
(3) Subsection (1) does not apply to or in relation to a contract or
arrangement providing only for the reimbursement of any expenses
necessarily incurred by a person in relation to the removal of tissue in
accordance with this Act.
(4) If he or she considers it desirable by reason of special circumstances
so to do, the Minister may, in writing, approve the entering into of a
contract or arrangement that would, apart from the approval, be void
under subsection (5) and nothing in subsection (1) or (5) applies to
and in relation to a contract or agreement entered into in accordance
with an approval under this subsection.
(5) A contract or arrangement entered into in contravention of this
section is void.
Part 8 Definition of death
Section 45
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Part 8 Definition of death
45 When death occurs
For the law of the Territory, a person has died when there has
occurred—
(a) irreversible cessation of all function of the brain of the person;
or
(b) irreversible cessation of circulation of blood in the body of the
person.
Miscellaneous Part 9
Section 46
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Part 9 Miscellaneous
46 Act does not prevent specified removals of tissue etc
(1) Nothing in this Act applies to or in relation to—
(a) the removal of tissue from the body of a living person in the
course of a procedure or operation carried out, in the interests of
the health of the person, by a doctor with the consent, express or
implied, given by or on behalf of the person or in circumstances
necessary for the preservation of the life of the person; or
(b) the use of tissues so removed; or
(c) the embalming of the body of a deceased person; or
(d) the preparation, including the restoration of any disfigurement
or mutilation, of the body of a deceased person for the purpose
of interment or cremation.
(2) In subsection (1):
tissue—see section 6.
47 Exclusion of liability of person acting under consent or
authority
(1) Subject to subsection (2), if—
(a) a person carries out a procedure; and
(b) a consent or authority given under this Act is sufficient authority
under this Act for that person to carry out that procedure;
that person is not liable to any other person in relation to anything
done or omitted to be done by that firstmentioned person in the
carrying out of that procedure.
(2) Nothing in this section relieves a person from liability for negligence
in relation to anything done or omitted to be done by him or her in the
carrying out of a procedure.
Part 9 Miscellaneous
Section 48
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48 Offences
(1) A person shall not remove tissue from the body of a person, whether
living or dead, except in accordance with a consent or authority that
is, under this Act, sufficient authority for the removal of the tissue by
that person.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) A person shall not conduct a post-mortem examination of the body of
a deceased person except in accordance with an authority that is,
under this Act, sufficient authority for that person to conduct the post-
mortem examination.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(3) A person shall not—
(a) remove the body of a deceased person to a school of anatomy;
or
(b) use the body of a deceased person for a purpose specified in
section 37 (1);
except in accordance with an authority that is, under this Act,
sufficient authority for such removal or use of the body for that
purpose.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(4) A person who—
(a) gives an authority under this Act without having made the
inquiries that he or she is required by this Act to make; or
Miscellaneous Part 9
Section 49
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(b) contravenes a provision of division 2.6;
commits an offence.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(5) Nothing in subsection (1) or (2) applies to or in relation to—
(a) anything done under an order by the coroner under the Coroners
Act 1997; or
(b) any other act authorised by law.
49 Disclosure of information
(1) Subject to this section, a person to whom this section applies shall not
disclose or give to any other person any information or document by
which the identity of a person or a deceased person—
(a) from whose body tissue other than blood has been removed for
the purpose of transplantation or for the purpose of the use of
the tissue for other therapeutic purposes or for medical or
scientific purposes; or
(b) in relation to whom or in relation to whose body a consent, other
than a consent under section 20, or authority has been given
under this Act; or
(c) into whose body tissue other than blood has been, is being, or
may be, transplanted;
may become publicly known.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
Part 9 Miscellaneous
Section 49
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(2) Subject to this section, a person to whom this section applies shall not
disclose or give to any other person any information or document by
which the identity of a child from whose body blood has been
removed for a purpose referred to in section 20 may become publicly
known.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(3) This section applies—
(a) if a consent has been given in accordance with this Act—to a
doctor who gave a certificate in relation to the consent; and
(b) if an authority has been given in accordance with this Act by a
designated officer for a hospital—to the designated officer; and
(c) if tissue has been removed from the body of a person or a
deceased person—the doctor or the person authorised by the
chief health officer under section 31 (3) who removed the tissue
and, if the tissue was removed at a hospital, each person who
was employed at the hospital at the time of the removal of the
tissue or has since been employed at the hospital; and
(d) if tissue has been transplanted into the body of a person—to the
doctor who performed the transplantation and, if the tissue was
transplanted at a hospital, each person who was employed at the
hospital at the time of the transplantation or has since been
employed at the hospital; and
(e) if it is proposed that tissue will be transplanted into the body of
a person—to the doctor who is to perform the transplantation
and, if the tissue is to be transplanted at a hospital, each person
who is employed at the hospital or who becomes so employed.
Miscellaneous Part 9
Section 49
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(4) Subsections (1) and (2) do not apply to or in relation to information
disclosed—
(a) under an order of a court or when otherwise required by law; or
(b) to a next of kin of a deceased person for the purposes of the
Births, Deaths and Marriages Registration Act 1997,
section 38A (3); or
(c) for the purposes of hospital administration or genuine medical
research; or
(d) with the consent of—
(i) the person to whom the information relates (the relevant
person); or
(ii) if the relevant person is a child or young person—a person
with parental responsibility for the relevant person; or
(iii) if the relevant person is a legally incompetent person—a
guardian of, or power of attorney for, the relevant person;
or
(iv) if the relevant person is a deceased person to whom
subsection (1) (a) applies—the relevant person’s next of
kin or legal personal representative; or
(e) when the circumstances in which the disclosure is made are such
that the disclosure is or would be privileged.
(5) For subsection (4) (d), the definition of next of kin in the dictionary
does not apply.
(6) In this section:
legally incompetent person means a person who is subject to—
(a) an enduring power of attorney that has become operative; or
(b) a guardianship order.
Part 9 Miscellaneous
Section 51
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person with parental responsibility, for a child or young person,
means a parent or someone else with parental responsibility for the
child or young person under the Children and Young People
Act 2008, division 1.3.2.
51 Regulation-making power
(1) The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative Assembly,
under the Legislation Act 2001.
(2) A regulation may prescribe—
(a) offences for contraventions of a regulation; and
(b) maximum penalties of not more than 10 penalty units for
offences against a regulation.
Dictionary
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Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• chief health officer
• coroner
• doctor
• enrolled nurse
• judge
• nurse
• penalty unit (see s 133)
• person (see s 160)
• Supreme Court.
child means a person who—
(a) has not turned 18 years old; and
(b) is not in a domestic partnership.
Note For the meaning of domestic partnership, see Legislation Act, s 169.
designated officer, in relation to a hospital, means a person appointed
under section 5 to be a designated officer for that hospital.
next of kin means—
(a) for a dead child—someone mentioned in the definition of senior
available next of kin, paragraph (a) (i), (ii) or (iii); or
(b) for any other dead person—someone mentioned in that
definition, paragraph (b) (i), (ii), (iii), (iv) or (v).
non-regenerative tissue means tissue other than regenerative tissue.
parent, for division 2.3 (Donations from children)—see section 12.
Dictionary
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regenerative tissue means tissue that, after injury or removal, is
replaced in the body of a living person by natural processes of growth
or repair.
school of anatomy, for part 5 (Donations for anatomical purposes)—
see section 36.
senior available next of kin means—
(a) for a dead child—
(i) if a parent of the child is available—the parent; or
(ii) if a parent of the child is not available—an adult brother or
sister of the child who is available; or
(iii) if no-one mentioned in subparagraph (i) or (ii) is
available—someone who was the child’s guardian
immediately before the child’s death and who is available;
and
(b) for any other dead person—
(i) if the person was, immediately before his or her death,
party to a domestic partnership and the person who was
then his or her domestic partner is available—the domestic
partner; or
(ii) if the person was, immediately before his or her death,
party to a domestic partnership but the person who was
then his or her domestic partner is not available— an adult
son or daughter of the dead person who is available; or
(iii) if the person was not, immediately before his or her death,
party to a domestic partnership—an adult son or daughter
of the dead person who is available; or
(iv) if no-one mentioned in subparagraph (i), (ii) or (iii) is
available but a parent of the dead person is available—the
parent; or
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(v) if no-one mentioned in subparagraph (i), (ii), (iii) or (iv) is
available— an adult brother or sister of the dead person
who is available.
Note For the meaning of domestic partner and domestic partnership, see
Legislation Act, s 169.
tissue—
(a) for this Act generally—includes an organ, or part, of a human
body or a substance extracted from, or from a part of, the human
body; and
(b) for part 2 (Donations of tissue by living persons)—see section 6.
transplantation of tissue—see section 4.
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
This Act was originally a Commonwealth ordinance—the Transplantation and
Anatomy Ordinance 1978 No 44 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)
converted most former Commonwealth ordinances in force in the ACT into ACT
enactments. This allowed the ACT Legislative Assembly to amend and repeal the
laws. This Act was converted into an ACT enactment on 11 May 1989 (self-
government day).
As with most ordinances in force in the ACT, the name was changed from
Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21, s
5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless
otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
Legislation before becoming Territory enactment
Transplantation and Anatomy Act 1978 A1978-44
notified 19 December 1978
commenced 29 December 1978 (s 2 and Cwlth Gaz 1978 No S290)
as amended by
Community and Health Service (Consequential Provisions)
Ordinance 1988 Ord1988-29
notified 30 June 1988
commenced 2 July 1988
Nurses (Consequential Amendments) Ordinance 1988 Ord1988-62
notified 7 September 1988
commenced 5 December 1988 (Cwlth Gaz 1988 No S369)
Self-Government (Consequential Amendments) Ordinance 1989
Ord1989-38 sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 1 commenced 11 May 1989 (s 2 (2) and Cwlth Gaz 1989 No S164)
Endnotes
3 Legislation history
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Legislation after becoming Territory enactment
Health Services (Consequential Provisions) Act 1990 A1990-63 sch 1
notified 28 December 1990 (Gaz 1990 No S102)
s 1, s 2 commenced 28 December 1990 (s 2 (1))
sch 1 commenced 31 January 1991 (s 2 (2) and Gaz 1991 No S4)
Guardianship and Management of Property (Consequential
Provisions) Act 1991 A1991-63 pt 4
notified 31 October 1991 (Gaz 1991 No S119)
s 1, s 2 commenced 31 October 1991 (s 2 (1))
pt 4 commenced 7 January 1992 (s 2 (2) and Gaz 1991 No S147)
Health (Consequential Provisions) Act 1993 A1993-14 sch 1
notified 1 March 1993 (Gaz 1993 No S23)
commenced 1 March 1993 (s 2)
Coroners (Consequential Provisions) Act 1997 A1997-58 sch 2
notified 9 October 1997 (Gaz 1997 No S300)
commenced 9 October 1997 (s 2)
Statute Law Revision (Penalties) Act 1998 A1998-54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Transplantation and Anatomy (Amendment) Act 1999 A1999-6
notified 1 March 1999 (Gaz 1999 No S8)
commenced 1 March 1999 (s 2)
Transplantation and Anatomy Amendment Act 2000 A2000-45
notified 28 September 2000 (Gaz 2000 No 39)
commenced 28 September 2000 (s 2)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 391
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 391 commenced 12 September 2001 (s 2 and see Gaz 2001
No S65)
Statute Law Amendment Act 2001 (No 2) 2001 No 56 pt 1.7
notified 5 September 2001 (Gaz 2001 No S65)
commenced 5 September 2001 (s 2 (1))
Endnotes
Legislation history 3
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Legislation (Gay, Lesbian and Transgender) Amendment Act 2003
A2003-14 sch 1 pt 1.33
notified LR 27 March 2003
s 1, s 2 commenced 27 March 2003 (LA s 75 (1))
pt 1.33 commenced 28 March 2003 (s 2)
Sexuality Discrimination Legislation Amendment Act 2004 A2004-2
sch 1 pt 1.16
notified LR 18 February 2004
s 1, s 2 commenced 18 February 2004 (LA s 75 (1))
sch 1 pt 1.16 commenced 22 March 2004 (s 2 and CN2004-4)
Criminal Code (Theft, Fraud, Bribery and Related Offences)
Amendment Act 2004 A2004-15 sch 2 pt 2.92
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.92 commenced 9 April 2004 (s 2 (1))
Health Professionals Legislation Amendment Act 2004 A2004-39
sch 6 pt 6.10
notified LR 8 July 2004
s 1, s 2 commenced 8 July 2004 (LA s 75 (1))
sch 6 pt 6.10 commenced 17 January 2006 (s 2 and see Health
Professionals Act 2004 A2004-38, s 2 (as am by A2005-28 amdt 1.1)
and CN2006-2)
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.105
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.105 commenced 30 May 2007 (s 2 (2) and see Powers of
Attorney Act 2006 A2006-50, s 2 and LA s 79)
ACT Civil and Administrative Tribunal Legislation Amendment
Act 2008 A2008-36 sch 1 pt 1.51
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.51 commenced 2 February 2009 (s 2 (1) and see ACT Civil
and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Endnotes
3 Legislation history
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Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.70
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.70 commenced 22 September 2009 (s 2)
Health Practitioner Regulation National Law (ACT) Act 2010 A2010-10
sch 2 pt 2.19
notified LR 31 March 2010
s 1, s 2 commenced 31 March 2010 (LA s 75 (1))
sch 2 pt 2.19 commenced 1 July 2010 (s 2 (1) (a))
Transplantation and Anatomy Amendment Act 2012 A2012-5
notified LR 29 February 2012
s 1, s 2 commenced 29 February 2012 (LA s 75 (1))
remainder commenced 1 March 2012 (s 2)
Statute Law Amendment Act 2014 A2014-18 sch 3 pt 3.23
notified LR 20 May 2014
s 1, s 2 commenced 20 May 2014 (LA s 75 (1))
sch 3 pt 3.23 commenced 10 June 2014 (s 2 (1))
Transplantation and Anatomy Amendment Act 2016 A2016-16
notified LR 17 March 2016
s 1, s 2 commenced 17 March 2016 (LA s 75 (1))
remainder commenced 18 March 2016 (s 2)
Statute Law Amendment Act 2019 A2019-42 sch 3 pt 3.23
notified LR 31 October 2019
s 1, s 2 commenced 31 October 2019 (LA s 75 (1))
sch 3 pt 3.23 commenced 14 November 2019 (s 2 (1))
Health Legislation Amendment Act 2022 A2022-24 pt 4
notified LR 9 December 2022
s 1, s 2 commenced 9 December 2022 (LA s 75 (1))
pt 4 commenced 10 December 2022 (s 2)
Endnotes
Amendment history 4
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4 Amendment history
Dictionary
s 2 om R4 LRA
ins A2007-3 amdt 3.522
Notes
s 3 om R4 LRA
ins A2007-3 amdt 3.522
Meaning of transplantation
s 4 am Ord1988-29; Ord1988-62
defs reloc to dict A2007-3 amdt 3.521
sub A2007-3 amdt 3.522
def board ins A1990-63 sch 1
om A1993-14 sch 1
def service om A1990-63 sch 1
Designated officers
s 5 am Ord1988-29; A1990-63 sch 1; A1993-14 sch 1; A2009-20
amdt 3.201, amdt 3.202; A2010-10 amdt 2.118
sub A2012-5 s 4
Exclusion of certain tissue
div 2.1 hdg (prev pt 2 div 1 hdg) renum R5 LA
Meaning of tissue in pt 2
s 6 am A2019-42 amdt 3.104
Donations by adults
div 2.2 hdg (prev pt 2 div 2 hdg) renum R5 LA
Doctor may give certificate in relation to consent
s 10 hdg am A2010-10 amdt 2.118
s 10 am A2010-10 amdt 2.118
Donations from children
div 2.3 hdg (prev pt 2 div 3 hdg) renum R5 LA
Removal for transplantation of regenerative tissue from body of child
s 13 am A2010-10 amdt 2.118
Removal for transplantation of non-regenerative tissue from body of child
s 14 am A2009-20 amdt 3.203; A2010-10 amdt 2.118
Effect of consents and authorities
div 2.4 hdg (prev pt 2 div 4 hdg) renum R5 LA
Effect of consent under s 8
s 15 am A2010-10 amdt 2.118
Effect of consent under s 9
s 16 am A2010-10 amdt 2.118
Endnotes
4 Amendment history
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Effect of consent by ACAT
s 16A hdg sub A2008-36 amdt 1.642
s 16A ins A1991-63
am A2008-36 amdt 1.643; A2010-10 amdt 2.118
Effect of consent under s 13
s 17 am A2010-10 amdt 2.118
Effect of authority under s 14
s 18 am A2010-10 amdt 2.118
When written consent not sufficient authority
s 19 am A1991-63; A2010-10 amdt 2.118
Blood
div 2.5 hdg (prev pt 2 div 5 hdg) renum R5 LA
Consents by people 16 years old or older to removal of blood
s 20 hdg sub A2000-45 s 4
s 20 am A2000-45 s 4
Consents to removal of blood from children under 16 years old
s 21 hdg sub A2000-45 s 5
s 21 am A2000-45 s 5; A2010-10 amdt 2.118
Administration of blood transfusions to children without parental consent
s 23 am A2010-10 amdt 2.118
Revocation of consent or agreement
div 2.6 hdg (prev pt 2 div 6 hdg) renum R5 LA
Revocation of consent
s 24 am Ord1988-62; A2010-10 amdt 2.114, amdt 2.118
Child no longer in agreement with removal and transplantation
s 25 am Ord1988-62; A2010-10 amdt 2.115, amdt 2.118
De facto spouses
s 26 om A2003-14 amdt 1.105
Authority to remove tissue if body of deceased at hospital
s 27 am A2007-3 amdt 3.525
Authority to remove tissue if body of deceased not at hospital
s 28 am A2007-3 amdt 3.525
Consent by coroner—pt 3
s 29 hdg sub A2016-16 s 4
s 29 am Ord1989-38 sch 1; A1997-58 sch 2; A2010-10 amdt 2.118;
A2016-16 s 5, s 6
Certificate of specialist etc required in certain situations
s 30 am A1998-54 sch; A2001-56 amdt 1.79, amdt 1.80; A2010-10
amdt 2.118
Endnotes
Amendment history 4
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Effect of authority under pt 3
s 31 am A1999-6; ss renum R5 LA; A2007-3 amdt 3.523; A2010-10
amdt 2.118; A2012-5 ss 5-7; ss renum R14 LA; A2016-16 s 7
Authority for post-mortem examination
s 32 am A2007-3 amdt 3.525
Authority for post-mortem examination if body of deceased not at hospital
s 33 am A2007-3 amdt 3.525
Consent by coroner—pt 4
s 34 hdg sub A2016-16 s 8
s 34 am Ord1989-38 sch 1; A1997-58 sch 2; A2010-10 amdt 2.118;
A2016-16 s 9
Effect of authority under pt 4
s 35 am A1997-58 sch 2; A2010-10 amdt 2.118; A2012-5 s 8
Meaning of school of anatomy—pt 5
s 36 am Ord1989-38 sch 1
Authority for anatomy if body of deceased at hospital
s 37 am A2007-3 amdt 3.525
Authority for anatomy if body of deceased not at hospital
s 38 am A2007-3 amdt 3.525
Consent by coroner—pt 5
s 40 hdg sub A2016-16 s 10
s 40 am Ord1989-38 sch 1; A1997-58 sch 2; A2010-10 amdt 2.118;
A2016-16 s 11
Schools of anatomy
s 42 am A2001-44 amdts 1.4086-1.4090; A2009-20 amdt 3.204;
A2014-18 amdt 3.109
Regulations for the control etc of schools of anatomy
s 43 am A2001-44 amdt 1.4091, amdt 1.4092
Certain contracts not to be entered into
s 44 am A1998-54 sch; A2010-10 amdt 2.118
Act does not prevent specified removals of tissue etc
s 46 am A2010-10 amdt 2.118
Offences
s 48 am A1997-58 sch 2; A1998-54 sch; A2004-15 amdt 2.198;
pars renum R8 LA (see A2004-15 amdt 2.199)
Disclosure of information
s 49 am A1998-54 sch; A1999-6; A2010-10 amdt 2.118;
A2012-5 s 9; A2022-24 ss 10-12; pars renum R18 LA
Endnotes
4 Amendment history
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Amendment of Seat of Government (Administration) Ordinance 1930
s 50 om R4 LRA
Regulation-making power
s 51 am Ord1989-38 sch 1; A1998-54 sch
sub A2001-44 amdt 1.4093
am A2009-20 amdt 3.205
Dictionary
dict ins A2007-3 amdt 3.524
am A2008-36 amdt 1.644; A2010-10 amdt 2.116; A2014-18
amdt 3.1110
def child am A2004-2 amdt 1.54
reloc from s 4 A2007-3 amdt 3.521
def coroner reloc from s 4 A2007-3 amdt 3.521
om A2014-18 amdt 3.111
def designated officer reloc from s 4 A2007-3 amdt 3.521
def enrolled nurse sub A2004-39 amdt 6.12
reloc from s 4 A2007-3 amdt 3.521
om A2010-10 amdt 2.117
def medical practitioner reloc from s 4 A2007-3 amdt 3.521
om A2010-10 amdt 2.117
def next of kin sub A2003-14 amdt 1.103
reloc from s 4 A2007-3 amdt 3.521
def non-regenerative tissue reloc from s 4 A2007-3
amdt 3.521
def parent ins A2009-20 amdt 3.206
def regenerative tissue reloc from s 4 A2007-3 amdt 3.521
def registered nurse sub A2004-39 amdt 6.13
reloc from s 4 A2007-3 amdt 3.521
om A2010-10 amdt 2.117
def school of anatomy ins A2007-3 amdt 3.524
def senior available next of kin sub A2003-14 amdt 1.104
reloc from s 4 A2007-3 amdt 3.521
def tissue ins A2009-20 amdt 3.207
def tissue reloc from s 4 A2007-3 amdt 3.521
om A2009-20 amdt 3.207
def tissue, for pt 2 ins A2007-3 amdt 3.524
om A2009-20 amdt 3.207
def transplantation ins A2007-3 amdt 3.524
Endnotes
Earlier republications 5
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5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications are
marked with an asterisk (*) in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication No Amendments to Republication date
1 A1990-63 30 September 1991
2 A1993-14 30 April 1993
3 A1999-6 31 March 1999
4 A2000-45 23 October 2000
5 A2001-56 17 January 2002
6 A2003-14 28 March 2003
7 A2004-2 22 March 2004
8 A2004-15 9 April 2004
9 A2004-39 17 January 2006
10 A2007-3 30 May 2007
11* A2008-36 2 February 2009
12 A2009-20 22 September 2009
13 A2010-10 1 July 2010
14 A2012-5 1 March 2012
15 A2014-18 10 June 2014
16 A2016-16 18 March 2016
17 A2019-42 14 November 2019
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