Transplantation and Anatomy Act 1978 (ACT)

Case

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

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 type="disc">

  • 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 ( 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).

    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

    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

    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

    Dictionary41

    Endnotes

    1            About the endnotes  44

    2            Abbreviation key  44

    3            Legislation history  45

    4            Amendment history  49

    5            Earlier republications  53

    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 1Preliminary

    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 1The 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 2A 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.

      NoteSee 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.

    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 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

      Note 2In 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 3Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

    Part 2Donations of tissue by living persons

    Division 2.1               Exclusion of certain tissue

    1. Meaning of tissue in pt 2

      In this part:

      tissue does not include fetal tissue, spermatozoa or ova.

    Division 2.2               Donations by adults

    1. 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.

    2. 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.

    3. 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.

      (2)A consent given under subsection (1) shall specify the time when the consent is given.

    4. 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

    1. 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.

    2. 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.

    3. 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.

    4. 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.

      (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;

      (c)a social worker or psychologist.

      Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

      Note 2In 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 3Certain 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

    1. 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.

    2. 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.

    16AEffect 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.

    1. 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.

    2. 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.

    3. 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

      (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

    1. 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.

    1. 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.

    2. 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.

    3. 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.

      (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

    1. 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.

      (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

      (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.

    2. 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

      (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.

    Part 3Donations of tissue after death

    1. 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

      (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.

    2. 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.

      (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.

    3. 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.

      (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.

    4. 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.

      (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.

    5. 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.

      (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).

    Part 4Post-mortem examinations

    1. 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.

      (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.

    2. 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

      (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.

    1. 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.

      (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.

    2. 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.

    Part 5Donations for anatomical purposes

    1. 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.

    2. 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

      (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.

    3. 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.

      (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.

    4. 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.

    5. 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.

      (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.

    6. 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).

    Part 6Schools of anatomy

    1. 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.

      NoteA 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.

      NoteA notifiable instrument must be notified under the Legislation Act.

    2. 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

      (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.

    Part 7Prohibition of trading in tissue

    1. 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 8Definition of death

    1. 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.

    Part 9Miscellaneous

    1. 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.

    2. 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.

    3. 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

      (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.

    4. 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.

      (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.

      (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.

      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.

    5. Regulation-making power

      (1)The Executive may make regulations for this Act.

      NoteRegulations 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

    (see s 2)

    Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

    Note 2For 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.

    NoteFor 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.

    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

    (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.

    NoteFor 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

      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

    1. 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)

      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))

      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)

      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)

    1. Amendment history

      Dictionary

      s 2om R4 LRA

      ins A2007‑3 amdt 3.522

      Notes

      s 3om R4 LRA

      ins A2007‑3 amdt 3.522

      Meaning of transplantation

      s 4am 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 5am 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 6am 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 hdgam A2010‑10 amdt 2.118

      s 10am 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 13am A2010‑10 amdt 2.118

      Removal for transplantation of non-regenerative tissue from body of child

      s 14am 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 15am A2010‑10 amdt 2.118

      Effect of consent under s 9

      s 16am A2010‑10 amdt 2.118

      Effect of consent by ACAT

      s 16A hdgsub A2008‑36 amdt 1.642

      s 16Ains A1991‑63

      am A2008‑36 amdt 1.643; A2010‑10 amdt 2.118

      Effect of consent under s 13

      s 17am A2010‑10 amdt 2.118

      Effect of authority under s 14

      s 18am A2010‑10 amdt 2.118

      When written consent not sufficient authority

      s 19am 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 hdgsub A2000‑45 s 4

      s 20am A2000‑45 s 4

      Consents to removal of blood from children under 16 years old

      s 21 hdgsub A2000‑45 s 5

      s 21am A2000‑45 s 5; A2010‑10 amdt 2.118

      Administration of blood transfusions to children without parental consent

      s 23am 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 24am Ord1988‑62; A2010‑10 amdt 2.114, amdt 2.118

      Child no longer in agreement with removal and transplantation

      s 25am Ord1988‑62; A2010‑10 amdt 2.115, amdt 2.118

      De facto spouses

      s 26om A2003‑14 amdt 1.105

      Authority to remove tissue if body of deceased at hospital

      s 27am A2007‑3 amdt 3.525

      Authority to remove tissue if body of deceased not at hospital

      s 28am A2007‑3 amdt 3.525

      Consent by coroner—pt 3

      s 29 hdgsub A2016-16 s 4

      s 29am 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 30am A1998‑54 sch; A2001‑56 amdt 1.79, amdt 1.80; A2010‑10 amdt 2.118

      Effect of authority under pt 3

      s 31am 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 32am A2007‑3 amdt 3.525

      Authority for post-mortem examination if body of deceased not at hospital

      s 33am A2007‑3 amdt 3.525

      Consent by coroner—pt 4

      s 34 hdgsub A2016-16 s 8

      s 34am Ord1989‑38 sch 1; A1997‑58 sch 2; A2010‑10 amdt 2.118; A2016-16 s 9

      Effect of authority under pt 4

      s 35am A1997‑58 sch 2; A2010‑10 amdt 2.118; A2012‑5 s 8

      Meaning of school of anatomy—pt 5

      s 36am Ord1989‑38 sch 1

      Authority for anatomy if body of deceased at hospital

      s 37am A2007‑3 amdt 3.525

      Authority for anatomy if body of deceased not at hospital

      s 38am A2007‑3 amdt 3.525

      Consent by coroner—pt 5

      s 40 hdgsub A2016-16 s 10

      s 40am Ord1989‑38 sch 1; A1997‑58 sch 2; A2010‑10 amdt 2.118; A2016-16 s 11

      Schools of anatomy

      s 42am 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 43am A2001‑44 amdt 1.4091, amdt 1.4092

      Certain contracts not to be entered into

      s 44am A1998‑54 sch; A2010‑10 amdt 2.118

      Act does not prevent specified removals of tissue etc

      s 46am A2010‑10 amdt 2.118

      Offences

      s 48am 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 49am A1998‑54 sch; A1999‑6; A2010‑10 amdt 2.118;


      A2012‑5

      s 9; A2022‑24 ss 10-12; pars renum R18 LA

      Amendment of Seat of Government (Administration) Ordinance 1930

      s 50om R4 LRA

      Regulation-making power

      s 51am Ord1989‑38 sch 1; A1998‑54 sch

      sub A2001‑44 amdt 1.4093

      am A2009‑20 amdt 3.205

      Dictionary

      dictins 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

    2. 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

    ©  Australian Capital Territory 2022

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