Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(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 medical practitioner 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 medical practitioner gives a certificate in accordance with subsection (3) in relation to those consents, the medical practitioner 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 medical practitioner;
(c) a social worker or psychologist.
Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2 In 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 3 Certain 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 medical practitioner 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 medical practitioner, 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.