Australian Capital Territory Consolidated Acts

TRANSPLANTATION AND ANATOMY ACT 1978 - SECT 24

    (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 medical practitioner who is attending the donor in a professional capacity; or

              (iii)     to a registered nurse or enrolled nurse employed at that hospital; and

        (b)     if the donor is not a patient in a hospital—to a medical practitioner 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 medical practitioner 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 medical practitioner is proposing to rely on the consent in connection with the removal of tissue from the body of the donor, inform that medical practitioner forthwith that the consent has been revoked.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officer for a hospital or by the medical practitioner to whom the revocation is communicated that the consent has been revoked, surrender—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.