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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Human Tissue Amendment (Children
in Care of State) Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Human Tissue Act 1983 No 164 2
4 Repeal of Act 2
Schedule 1 Amendments 3
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2008
New South Wales
Human Tissue Amendment (Children
in Care of State) Bill 2008
Act No , 2008
An Act to amend the Human Tissue Act 1983 to make further provision for the
removal of tissue from deceased children who were in the care of the State.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Human Tissue Amendment (Children in Care of State) Bill 2008
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Human Tissue Amendment (Children in Care of State)
Act 2008.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Human Tissue Act 1983 No 164
The Human Tissue Act 1983 is amended as set out in Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Human Tissue Amendment (Children in Care of State) Bill 2008
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 4 Definitions
Insert after section 4 (6):
(7) For the purposes of this Act, a child is in the care of the State if:
(a) a Minister administering the Children and Young Persons
(Care and Protection) Act 1998 has sole parental
responsibility in respect of the child (whether under that
Act or otherwise), or
(b) the Director-General under the Children and Young
Persons (Care and Protection) Act 1998 has sole parental
responsibility in respect of the child (whether under that
Act or otherwise).
(8) For the purposes of this Act, the principal care officer, in relation
to a child in the care of the State, means the principal officer of a
designated agency that has the supervisory responsibility for the
child under the Children and Young Persons (Care and
Protection) Act 1998.
[2] Section 23 Authority to remove tissue where body of deceased at a
hospital
Insert after section 23 (3):
(4) This section does not apply to a deceased child who, immediately
before his or her death, was in the care of the State.
[3] Section 23A
Insert after section 23:
23A Authority to remove tissue where body of deceased child in care
of State at a hospital
If a designated officer for a hospital is satisfied, after making
such inquiries as are reasonable in the circumstances in relation
to a child in the care of the State who has died in the hospital or
whose dead body has been brought into the hospital, that:
(a) the deceased child had not, during the child's lifetime,
expressed an objection to the removal of tissue from the
child's body for the purpose of its transplantation to the
body of a living person, and
Page 3
Human Tissue Amendment (Children in Care of State) Bill 2008
Schedule 1 Amendments
(b) the principal care officer for the child has given his or her
consent in writing, or in any other manner prescribed by
the regulations, to the removal of tissue from the child's
body for the purpose of its transplantation to the body of a
living person,
the designated officer may, by instrument in writing, authorise
the removal of tissue from the deceased child's body for the
purpose of its transplantation to the body of a living person in
accordance with the terms and any conditions of the consent
referred to in paragraph (b).
[4] Section 24 Authority to remove tissue where body of deceased not at a
hospital
Insert after section 24 (4):
(5) This section does not apply to a deceased child who, immediately
before his or her death, was in the care of the State.
[5] Sections 24A and 24B
Insert after section 24:
24A Authority to remove tissue where body of deceased child in care
of State not at a hospital
If the body of a deceased child who, immediately before his or
her death, was in the care of the State, is at a place other than a
hospital, the principal care officer for the child may, by
instrument in writing or in any other manner prescribed by the
regulations, authorise the removal of tissue from the deceased
child's body for the purpose of its transplantation to the body of
a living person.
24B Consent and authorisation of principal care officer
(1) A principal care officer must not give consent under section 23A
or grant an authority under section 24A if:
(a) it appears to the officer, after making such inquiries as are
reasonable in the circumstances, that the deceased child
had, during the child's lifetime, expressed an objection to
the removal of tissue from the child's body and had not
withdrawn that objection, or
(b) the officer has not undertaken the consultation and
obtained the approvals required by the following
subsections.
Page 4
Human Tissue Amendment (Children in Care of State) Bill 2008
Amendments Schedule 1
(2) Before determining whether or not to give consent under section
23A or grant an authority under section 24A, the principal care
officer is to use reasonable efforts to consult with such persons as
the officer considers might be appropriate.
(3) If any of the persons consulted is a person whose approval the
principal care officer considers should be obtained before
consent is given or an authority is granted, the officer must not
give consent or grant an authority unless that person approves.
(4) The principal care officer may determine that more than one
person's approval is required under subsection (3).
[6] Section 25 Consent by coroner
Omit "or a senior available next of kin" from section 25 (2).
Insert instead ", a senior available next of kin or a principal care officer".
[7] Section 34A Authority not to be given in respect of child in care of the
State
Omit section 34A (1) (a). Insert instead:
(a) authorise the removal of tissue from the body of a deceased
child for any purpose (other than for the purpose of its
transplantation to the body of a living person) if the child
was, immediately before his or her death, in the care of the
State, or
[8] Section 34A (4)
Omit the subsection.
[9] Schedule 1 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Human Tissue Amendment (Children in Care of State) Act 2008
Page 5
Human Tissue Amendment (Children in Care of State) Bill 2008
Schedule 1 Amendments
[10] Schedule 1, Part 4
Insert after Part 3:
Part 4 Provisions consequent on enactment of
Human Tissue Amendment (Children in
Care of State) Act 2008
7 Authorities in respect of deceased children in care of State
An amendment made to this Act by the Human Tissue
Amendment (Children in Care of State) Act 2008 applies only in
respect of the death of a child that occurs on or after the
commencement of the amendment.
Page 6
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