Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Organ and Tissue Donation
and Transplantation Authority
Amendment (Disclosure of Information)
Bill 2023
No. , 2023
(Health and Aged Care)
A Bill for an Act to amend the
Australian Organ
and Tissue Donation and Transplantation Authority
Act 2008
, and for related purposes
No. , 2023
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (Disclosure of Information) Bill 2023
i
Contents
1
Short title ................................................................................................ 1
2
Commencement ..................................................................................... 1
3
Schedules ............................................................................................... 2
Schedule 1
--
Amendments
3
Australian Organ and Tissue Donation and Transplantation Authority
Act 2008
3
No. , 2023
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (Disclosure of Information) Bill 2023
1
A Bill for an Act to amend the
Australian Organ
1
and Tissue Donation and Transplantation Authority
2
Act 2008
, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Australian Organ and Tissue Donation and
6
Transplantation Authority Amendment (Disclosure of Information)
7
Act 2023
.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (Disclosure of Information) Bill 2023
No. , 2023
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Amendments
Schedule 1
No. , 2023
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (Disclosure of Information) Bill 2023
3
Schedule
1--Amendments
1
2
Australian Organ and Tissue Donation and Transplantation
3
Authority Act 2008
4
1 Section 4
5
Insert:
6
authorised family member
has the meaning given by section 5.
7
child
has a meaning affected by section 5B.
8
DonateLife Agency
has the meaning given by section 5F.
9
2 Section 4 (after paragraph (g) of the definition of
organ or
10
tissue donation and transplantation matter
)
11
Insert:
12
(ga) commemorative activities relating to organ or tissue donors
13
or recipients;
14
3 Section 4
15
Insert:
16
parent
has a meaning affected by section 5B.
17
4 Section 4 (definition of
partner
)
18
Repeal the definition, substitute:
19
partner
has the meaning given by section 5A.
20
5 Section 4
21
Insert:
22
sibling
has a meaning affected by section 5D.
23
stepchild
has a meaning affected by section 5E.
24
6 After section 4
25
Insert:
26
Schedule 1
Amendments
4
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (Disclosure of Information) Bill 2023
No. , 2023
5 Meaning of
authorised family member
1
In this Act,
authorised family member
of an organ or tissue donor
2
or recipient who has died means any of the following persons:
3
(a) the partner of the organ or tissue donor or recipient;
4
(b) a parent or legal guardian of the organ or tissue donor or
5
recipient;
6
(c) a child of the organ or tissue donor or recipient;
7
(d) a sibling of the organ or tissue donor or recipient;
8
(e) a grandparent of the organ or tissue donor or recipient;
9
(f) a grandchild of the organ or tissue donor or recipient;
10
(g) if the organ or tissue donor or recipient has traditional
11
Aboriginal or Torres Strait Islander kinship ties
--
a person
12
who is related to the organ or tissue donor or recipient under
13
Aboriginal or Torres Strait Islander kinship rules;
14
(h) if the organ or tissue donor or recipient is a member of a
15
community that accepts relationships other than those
16
referred to in paragraphs (a) to (g) as kinship ties
--
a person
17
who is accepted by the community to be related to the organ
18
or tissue donor or recipient;
19
(i) a person who, under the regulations, is taken to be an
20
authorised family member of the organ or tissue donor or
21
recipient.
22
5A Meaning of partner
23
(1) In this Act,
partner
of a person means:
24
(a)
the person's spouse; or
25
(b)
the person's
de facto partner.
26
(2) However, if more than one person would qualify as a
partner
of a
27
person (the
first person
) under subsection (1), then only the last
28
person to so qualify is the
partner
of the first person for the
29
purposes of this Act.
30
5B Meaning of
child
31
(1) In this Act,
child
of a person includes:
32
Amendments
Schedule 1
No. , 2023
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (Disclosure of Information) Bill 2023
5
(a) an adopted child, stepchild, exnuptial child or foster child of
1
the person; and
2
(b) someone who is a child of the person within the meaning of
3
the
Family Law Act 1975
.
4
Tracing family relationships
5
(2) For the purposes of this Act, if one person is the child of another
6
person because of subsection (1), relationships traced to or through
7
that person are to be determined on the basis that the person is the
8
child of the other person.
9
5C Meaning of
parent
10
Without limiting who is a
parent
of a person for the purposes of
11
this Act, a person (the
first person
) is a
parent
of another person if
12
the other person is the first
person's
child.
13
5D Meaning of
sibling
14
In this Act,
sibling
of a person includes a half-brother, half-sister,
15
adoptive brother, adoptive sister, step-brother, step-sister,
16
foster-brother and foster-sister of the person.
17
5E Meaning of
stepchild
18
In this Act, without limiting who is a stepchild of a person, a
19
person (the
first person
) is a
stepchild
of another person (the
20
second person
) if the first person would be the second
person's
21
stepchild except that the second person is not legally married to the
22
second
person's
de facto partner.
23
5F Meaning of
DonateLife Agency
24
(1) The Minister may, by legislative instrument, declare that a
25
specified agency is a
DonateLife Agency
for the purposes of this
26
Act.
27
(2) The Minister must not declare under subsection (1) that an agency
28
is a
DonateLife Agency
unless the Minister is satisfied that the
29
Schedule 1
Amendments
6
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (Disclosure of Information) Bill 2023
No. , 2023
agency has a role or function in relation to one or more organ or
1
tissue donation and transplantation matters.
2
Consultation
3
(3) Before the Minister makes a declaration under subsection (1) in
4
relation to:
5
(a) a Department of a State; or
6
(b) a part of a Department of a State; or
7
(c) an authority of a State; or
8
(d) a part of an authority of a State;
9
the Minister must consult the Minister of the State who is
10
responsible, or principally responsible, for the administration of
11
matters relating to health in the State.
12
(4) Before the Minister makes a declaration under subsection (1) in
13
relation to:
14
(a) a Department of the Northern Territory; or
15
(b) a part of a Department of the Northern Territory; or
16
(c) an authority of the Northern Territory; or
17
(d) a part of an authority of the Northern Territory;
18
the Minister must consult the Minister of the Northern Territory
19
who is responsible, or principally responsible, for the
20
administration of matters relating to health in the Northern
21
Territory.
22
(5) Before the Minister makes a declaration under subsection (1) in
23
relation to:
24
(a) a Department of the Australian Capital Territory; or
25
(b) a part of a Department of the Australian Capital Territory; or
26
(c) an authority of the Australian Capital Territory; or
27
(d) a part of an authority of the Australian Capital Territory;
28
the Minister must consult the Minister of the Australian Capital
29
Territory who is responsible, or principally responsible, for the
30
administration of matters relating to health in the Australian
31
Capital Territory.
32
Amendments
Schedule 1
No. , 2023
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (Disclosure of Information) Bill 2023
7
Agency
1
(6) For the purposes of this section,
agency
means:
2
(a) a Department of a State or Territory; or
3
(b) a part of a Department of a State or Territory; or
4
(c) an authority of a State or Territory; or
5
(d) a part of an authority of a State or Territory; or
6
(e) a body corporate.
7
7 Section 58 (heading)
8
After "
Protection of patient confidentiality
", insert "
--
Authority and
9
CEO
".
10
8 After paragraph 58(2)(a)
11
Insert:
12
(ab) if the organ or tissue donor or recipient is under 16 years of
13
age
--
a parent or legal guardian of the organ or tissue donor
14
or recipient; or
15
(ac) if the organ or tissue donor or recipient:
16
(i) is 16 or 17 years of age; and
17
(ii) has legal capacity to consent to the publication or
18
dissemination of the information;
19
the organ or tissue donor or recipient; or
20
(ad) if the organ or tissue donor or recipient:
21
(i) is 16 or 17 years of age; and
22
(ii) does not have legal capacity to consent to the
23
publication or dissemination of the information;
24
a parent or legal guardian of the organ or tissue donor or
25
recipient; or
26
9 Paragraph 58(2)(b)
27
Repeal the paragraph, substitute:
28
(b) if the organ or tissue donor or recipient has died but is
29
survived by one or more authorised family members
--
any of
30
those authorised family members; or
31
Schedule 1
Amendments
8
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (Disclosure of Information) Bill 2023
No. , 2023
10 Subsection 58(3)
1
Repeal the subsection, substitute:
2
(3) Subsection (2) does not permit the publication or dissemination by
3
the Authority or the CEO of information that reveals that an organ
4
and/or tissue was:
5
(a) removed from the body of a particular organ or tissue donor;
6
and
7
(b) transplanted to the body of a particular organ or tissue
8
recipient.
9
(4) To avoid doubt, if the publication or dissemination by the
10
Authority or the CEO of particular information is permitted by
11
subsection (2), a law of a State or Territory does not prevent the
12
publication or dissemination by the Authority or the CEO of the
13
information.
14
11 After section 58
15
Insert:
16
58A Publication, dissemination or disclosure of patient
17
information
--
DonateLife Agencies, grant recipients and
18
authorised family members
19
Scope
20
(1) This section applies if:
21
(a) an organ or tissue donation and transplantation has occurred;
22
and
23
(b) the organ or tissue donor or recipient has died.
24
Publication, dissemination or disclosure by a DonateLife Agency
25
or grant recipient
26
(2) Either of the following:
27
(a) a DonateLife Agency;
28
(b) a person who is a party to an agreement that:
29
(i) is in force; and
30
Amendments
Schedule 1
No. , 2023
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (Disclosure of Information) Bill 2023
9
(ii) provides for the making of one or more grants under
1
paragraph 11(1)(g) to the person;
2
may publish, disseminate or disclose information that is likely to
3
enable the identification of the deceased organ or tissue donor or
4
the deceased organ or tissue recipient (as the case requires) if:
5
(c) the publication, dissemination or disclosure is for the
6
purposes of any of the following activities:
7
(i) an educational activity that is relevant to an organ or
8
tissue donation and transplantation matter;
9
(ii) a commemorative activity that is an organ or tissue
10
donation and transplantation matter;
11
(iii) a promotional activity that is relevant to an organ or
12
tissue donation and transplantation matter;
13
(iv) a community awareness activity that is relevant to an
14
organ or tissue donation and transplantation matter; and
15
(d) the publication, dissemination or disclosure is made with the
16
consent of an authorised family member
of the deceased
17
organ or tissue donor or recipient; and
18
(e) the publication, dissemination or disclosure is made:
19
(i) using a service to which paragraph 51(v) of the
20
Constitution applies; or
21
(ii) using an electronic service (within the meaning of the
22
Online Safety Act 2021
); or
23
(iii) in a Territory; or
24
(iv) in a Commonwealth place (within the meaning of the
25
Commonwealth Places (Application of Laws) Act 1970
);
26
or
27
(v) by a constitutional corporation.
28
Publication, dissemination or disclosure by an authorised family
29
member
30
(3) An authorised family member of the deceased organ or tissue
31
donor or recipient may publish, disseminate or disclose
32
information that is likely to enable the identification of the
33
deceased organ or tissue donor or the deceased organ or tissue
34
recipient (as the case requires) if:
35
Schedule 1
Amendments
10
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (Disclosure of Information) Bill 2023
No. , 2023
(a) the publication, dissemination or disclosure is for the
1
purposes of any of the following activities of the Authority or
2
a DonateLife Agency:
3
(i) an educational activity that is relevant to an organ or
4
tissue donation and transplantation matter;
5
(ii) a commemorative activity that is an organ or tissue
6
donation and transplantation matter;
7
(iii) a promotional activity that is relevant to an organ or
8
tissue donation and transplantation matter;
9
(iv) a community awareness activity that is relevant to an
10
organ or tissue donation and transplantation matter; and
11
(b) the publication, dissemination or disclosure is made:
12
(i) using a service to which paragraph 51(v) of the
13
Constitution applies; or
14
(ii) using an electronic service (within the meaning of the
15
Online Safety Act 2021
); or
16
(iii) in a Territory; or
17
(iv) in a Commonwealth place (within the meaning of the
18
Commonwealth Places (Application of Laws) Act 1970
).
19
(4) Subsections (2) and (3) have effect despite anything in a law of a
20
State or Territory.
21
Secondary publication, dissemination or disclosure
22
(5) If information has been the subject of a publication, dissemination
23
or disclosure under subsection (2) or (3), a person may publish,
24
disseminate or disclose that information if:
25
(a) the publication, dissemination or disclosure is for the
26
purposes of reporting on any of the following activities:
27
(i) an educational activity that is relevant to an organ or
28
tissue donation and transplantation matter;
29
(ii) a commemorative activity that is an organ or tissue
30
donation and transplantation matter;
31
(iii) a promotional activity that is relevant to an organ or
32
tissue donation and transplantation matter;
33
(iv) a community awareness activity that is relevant to an
34
organ or tissue donation and transplantation matter; and
35
(b) the publication, dissemination or disclosure is made:
36
Amendments
Schedule 1
No. , 2023
Australian Organ and Tissue Donation and Transplantation Authority
Amendment (Disclosure of Information) Bill 2023
11
(i) using a service to which paragraph 51(v) of the
1
Constitution applies; or
2
(ii) using an electronic service (within the meaning of the
3
Online Safety Act 2021
); or
4
(iii) in a Territory; or
5
(iv) in a Commonwealth place (within the meaning of the
6
Commonwealth Places (Application of Laws) Act 1970
).
7
(6) Subsection (5) has effect despite anything in a law of a State or
8
Territory.
9
12 Transitional
--
publication or dissemination of patient
10
information by Authority or CEO
11
Paragraph 58(2)(b) of the
Australian Organ and Tissue Donation and
12
Transplantation Authority Act 2008
(as amended by this Schedule)
13
applies in relation to an organ or tissue donor or recipient who died
14
before, at or after the commencement of this item.
15
13 Transitional
--
publication, dissemination or disclosure of
16
patient information by DonateLife Agencies, grant
17
recipients or authorised family members
18
(1)
Paragraph 58A(1)(a) of the
Australian Organ and Tissue Donation and
19
Transplantation Authority Act 2008
(as amended by this Schedule)
20
applies in relation to an organ or tissue donation and transplantation that
21
occurred before, at or after the commencement of this item.
22
(2)
Paragraph 58A(1)(b) of the
Australian Organ and Tissue Donation and
23
Transplantation Authority Act 2008
(as amended by this Schedule)
24
applies in relation to an organ or tissue donor or recipient who died
25
before, at or after the commencement of this item.
26
[Index] [Search] [Download] [Related Items] [Help]