Human Tissue Amendment Act 2020 (Vic)

Human Tissue Amendment Act 2020

No. 42 of 2020

table of provisions

Section  Page

1Purpose

2Commencement

3Principal Act

4Definitions

5New Division 1 of Part IV inserted

6Repeal of this Act

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Endnotes

1      General information

Human Tissue Amendment Act 2020

No. 42 of 2020

[Assented to 8 December 2020]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to amend the Human Tissue Act 1982 to establish a process for authorising the carrying out of ante-mortem procedures for the purposes of donating human tissue after death.

2Commencement

This Act comes into operation on the day after the day on which this Act receives the Royal Assent.

3Principal Act

In this Act, the Human Tissue Act 1982 is called the Principal Act.

4Definitions

In section 3(1) of the Principal Act, insert the following definitions—

"ante-mortem procedure has the meaning given by section 24A;

medical treatment decision maker has the same meaning as in the Medical Treatment Planning and Decisions Act 2016;".

5New Division 1 of Part IV inserted

Before section 25 of the Principal Act insert—

"Division 1—Ante-mortem procedures for donations of tissue after death

24AAnte-mortem procedures

An ante-mortem procedure is a medical procedure carried out to determine, maintain or improve the viability of tissue, including—

(a)the administration of medication; and

(b)the taking of blood for testing; and

(c)medical imaging; and

(d)the maintenance of life support.

24BAuthority to carry out ante-mortem procedures

(1)Subject to this Division, the designated officer for a hospital may authorise the carrying out of ante-mortem procedures in respect of a person—

(a)for the purposes of the transplantation of the tissue of that person after death to the body of a living person; or

(b)for the use of the tissue of that person after death for other therapeutic purposes or for medical or scientific purposes.

(2)Before the designated officer for a hospital gives an authority under this section in respect of a person, the medical treatment decision maker of that person must consent to the carrying out of ante-mortem procedures in respect of that person under section 24C, unless the circumstances set out in section 24E apply.

24CMedical treatment decision maker may consent to ante-mortem procedures

The medical treatment decision maker of a person may consent to the carrying out of ante-mortem procedures in respect of that person—

(a)for the purposes of the transplantation of the tissue of that person after death to the body of a living person; or

(b)for the use of the tissue of that person after death for other therapeutic purposes or for medical or scientific purposes.

24DCircumstances under which authority may be given

A designated officer for a hospital must not give an authority under section 24B in respect of a person unless, where the respiration or the circulation of the blood of the person is being maintained by artificial means, two registered medical practitioners, neither of whom is the designated officer and each of whom has been for a period of not less than five years a registered medical practitioner, have each certified in writing—

(a)that the practitioner has carried out a clinical examination of the person while the respiration or the circulation of the blood of that person was being maintained by artificial means; and

(b)that, in the practitioner's opinion, at the time of examination, death of the person would occur as a result of the withdrawal of the artificial means of maintaining the respiration or the circulation of the blood of the person.

24EFurther conditions of an authority

A designated officer for a hospital may give an authority under section 24B where the designated officer—

(a)after making such inquiries as are reasonable in the circumstances, is unable to ascertain the existence or whereabouts of the medical treatment decision maker of the person; and

(b)has no reason to believe that the person had expressed an objection to the carrying out of ante-mortem procedures in respect of that person—

(i)for the purposes of the transplantation of the tissue of that person after death to the body of a living person; or

(ii)for the use of the tissue of that person after death for other therapeutic purposes or for medical or scientific purposes.

24FEffect of an authority

An authority under section 24B with the consent of a medical treatment decision maker under section 24C, or in the circumstances set out in section 24E, is sufficient authority for the carrying out of ante-mortem procedures in respect of the person for the purposes of the donation of tissue after death.

Division 2—Donations of tissue after death".

6Repeal of this Act

This Act is repealed on the first anniversary of the day on which it receives the Royal Assent.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 4 September 2020

Legislative Council: 29 October 2020

The long title for the Bill for this Act was "A Bill for an Act to amend the Human Tissue Act 1982 to establish a process for authorising the carrying out of ante-mortem procedures for the purposes of donating human tissue after death and for other purposes."