Northern Territory Numbered Acts

HUMAN TISSUE TRANSPLANT AMENDMENT ACT 2010 (NO 46 OF 2010) - SECT 13

Sections 18 and 19

repeal, insert

18     Authorisation by designated officer for hospital

    (1)     Subject to this Part, a designated officer for a hospital may, by signed writing, authorise the removal of tissue from the body of a deceased person at the hospital for an authorised purpose if:

    (a)     the designated officer has no reason to believe the deceased:

        (i)     had, during his or her lifetime, expressed the wish for, or consented to, the removal of tissue from his or her body for an authorised purpose after death; or

        (ii)     had, during his or her lifetime, expressed an objection to the removal of tissue from his or her body for an authorised purpose after death; and

    (b)     the designated officer:

        (i)     has no reason to believe the senior available next of kin of the deceased has an objection to the removal of tissue from the body of the deceased for an authorised purpose; or

        (ii)     is unable to ascertain the existence or whereabouts of any of the next of kin of the deceased; or

        (iii)     is unable to ascertain whether any of the next of kin of the deceased has an objection to the removal of tissue from the body of the deceased for an authorised purpose.

    (2)     The designated officer must not give the authorisation unless the designated officer makes the inquiries that are reasonable in the circumstances.

Maximum penalty:     100 penalty units.

    (3)     An offence against subsection (2) is an offence of strict liability.

19     Authorisation by senior available next of kin before death

    (1)     The senior available next of kin of a person in a hospital (the patient ) may advise the designated officer for the hospital at any time the patient is unconscious and before death that the next of kin has no objection to the removal of tissue from the patient's body for an authorised purpose after the patient's death.

    (2)     The advice authorises the removal of the tissue from the patient's body for an authorised purpose after the patient's death.

    (3)     However, subsection (2) does not apply if:

    (a)     there is more than one senior available next of kin of the patient; and

    (b)     one of them:

        (i)     has an objection to the removal of the tissue; and

        (ii)     advises the designated officer of the objection.

    (4)     Also, the advice ceases to have effect if the patient regains consciousness.

19A     Authorisation by senior available next of kin after death

    (1)     This section applies if the body of a deceased person is not at a hospital.

    (2)     Subject to this Part, the senior available next of kin of the deceased may, by signed writing, authorise the removal of tissue from the deceased's body for an authorised purpose.

    (3)     However, subsection (2) does not apply if the senior available next of kin reasonably believes the deceased:

    (a)     had, during his or her lifetime, expressed an objection to the removal of the tissue from his or her body; and

    (b)     had not withdrawn the objection.

    (4)     Also, subsection (2) does not apply if:

    (a)     there is more than one senior available next of kin of the deceased; and

    (b)     one of them has an objection to the removal of the tissue.

19B     Authorisation by deceased

    (1)     This section applies if, during his or her lifetime, a deceased person:

    (a)     by signed writing expressed the wish for, or consented to, the removal of tissue from his or her body after death for an authorised purpose; and

    (b)     had not withdrawn the wish or revoked the consent.

    (2)     The removal of the tissue from the deceased's body in accordance with the wish or consent is authorised.