2012
2012
2012-10-23
act
government
publicspecial
act.reprint
allinforce
2012-09-05
2012-09-05
1
2012-10-23
act-1987-015
2012
none
act-2012-072
4a52d7ee-c326-442c-b892-902d29482cfb
5f55c045-5fcb-4cf1-8b95-a53615e176ed
Repeal:
The Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with
effect from 23.10.2012.
An Act to amend the Human
Tissue Act 1983 to make further provision with respect to
the removal of tissue from a deceased person; and to amend the Anatomy Act 1977 to make further
provision with respect to the authorisation of anatomical
examinations.
1Name of
Act
This Act is the Human Tissue
Legislation Amendment Act 2012.
2Commencement
This Act commences on the date of assent to this
Act.
Schedule 1Amendment of Human Tissue Act 1983 No
164
[1]Section 23 Authority to remove
tissues where body of deceased at hospital
Omit section 23 (3) (a). Insert instead:
(a)
the deceased person had not, during the
person’s lifetime, expressed an objection to the removal of tissue from
the person’s body after the person’s death or, if the person had
expressed such an objection, based on the most recent views expressed by the
deceased person, the person no longer had an objection to the removal of
tissue from the person’s body, and
[2]Section 24 Authority to remove
tissue where body of deceased not at a hospital
Omit section 24 (4) (a). Insert instead:
(a)
the deceased person had, during the
person’s lifetime, expressed an objection to the removal of tissue from
the person’s body after the person’s death unless, based on the
most recent views expressed by the deceased person, it appears that the person
no longer had an objection to the removal of tissue from the person’s
body, or
[3]Section 27 Effect of authority
under this Part
Insert “cardiovascular or” before
“musculoskeletal tissue” in section 27 (1A) wherever
occurring.
[4]Section 27
(1B)
Insert after section 27 (1A):
(1B)
Despite subsection (1A), an authority under this
Part which authorises the removal of tissue for the purpose of the
transplantation of cardiovascular tissue is not sufficient authority for a
person other than a medical practitioner to remove the whole of a heart for
the purpose of a heart transplant.
[5]Section
27A
Insert after section 27:
27AGuidelines for removal of
tissue after death
The Director-General may issue guidelines
relating to the removal of tissue after death, including in relation to
recording reasons for not proceeding with the removal of tissue from the body
of a deceased person, where the deceased person has given consent but the
family has objected.
[6]Schedule 1 Savings,
transitional and other provisions
Insert at the end of clause 1 (1):
Human Tissue
Legislation Amendment Act 2012
[7]Schedule
1
Insert at the end of the Schedule with
appropriate Part and clause numbering:
PartProvision consequent on
enactment of Human Tissue Legislation Amendment Act
2012
Authority to remove tissue
where prior objection or views expressed
Sections 23 and 24, as amended by the Human Tissue Legislation Amendment Act
2012, extend to any relevant expression of objection or
views that occurred before the commencement of that
Act.
Review of
amendments
(1)
The Minister is to review this Act to determine
whether the amendments made by the Human Tissue
Legislation Amendment Act 2012 have been effective in
achieving an increase in the rate of tissue donation in the
State.
(2)
In conducting the review the Minister is to
consider any matters affecting the effectiveness of those amendments,
including matters relevant to the administration of this
Act.
(3)
The review is to be undertaken as soon as
possible after the period of 5 years from the commencement of the Human Tissue Legislation Amendment Act
2012.
(4)
A report on the outcome of the review is to be
tabled in each House of Parliament within 12 months after the end of the
period of 5 years.
Schedule 2Amendment of Anatomy Act 1977 No
126
[1]Section 8 Authority for
anatomical examination where body of deceased at a hospital or forensic
institution
Omit section 8 (3) (a). Insert instead:
(a)
the deceased person had not, during the
person’s lifetime, expressed an objection to the anatomical examination
of the person’s body after the person’s death or, if the person
had expressed such an objection, based on the most recent views expressed by
the deceased person, the person no longer had an objection to the anatomical
examination of the person’s body, and
[2]Section 8A Authority for
anatomical examination where body of deceased not at a hospital or forensic
institution
Omit section 8A (4) (a). Insert instead:
(a)
the deceased person had, during the
person’s lifetime, expressed an objection to the anatomical examination
of the person’s body after the person’s death unless, based on the
most recent views expressed by the deceased person, it appears that the person
no longer had an objection to the anatomical examination of the person’s
body, or
[3]Schedule 2 Savings,
transitional and other provisions
Insert at the end of the Schedule with
appropriate Part and clause numbering:
PartProvision consequent on
enactment of Human Tissue Legislation Amendment Act
2012
Authority for anatomical
examination where prior objection or views expressed
Sections 8 and 8A, as amended by the Human Tissue Legislation Amendment Act
2012, extend to any relevant expression of objection or
views that occurred before the commencement of that
Act.
Historical
notes
Table of amending
instruments
Human Tissue
Legislation Amendment Act 2012 No 72. Assented to
22.10.2012. Date of commencement, assent, sec 2.