Australian Capital Territory Consolidated Acts

TRANSPLANTATION AND ANATOMY ACT 1978 - SECT 25

    (1)     If a medical practitioner 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 medical practitioner who is attending the child in a professional capacity; or

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

        (b)     if the child is not a patient in a hospital—a medical practitioner 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 medical practitioner 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 medical practitioner is proposing to remove the tissue from the body of the child, inform that medical practitioner 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.