Australian Capital Territory Consolidated Acts

TRANSPLANTATION AND ANATOMY ACT 1978 - SECT 28

    (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had, during his or her lifetime, expressed an objection to the removal of tissue from his or her body and had not withdrawn that objection; or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his or her death of tissue from his or her body for a purpose referred to in subsection (1) and the wish had not been withdrawn or the consent revoked, the removal of tissue from the body of the deceased person in accordance with the wish or consent is, by force of this subsection,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.