New South Wales Consolidated Acts

ANATOMY ACT 1977 - SECT 11A

11A Transfer of human tissue

(1) The holder of a licence may transfer human tissue from a body that is in the holder’s possession for anatomical examination:

(a) to another holder of a licence, or

(b) to an authorised officer of a hospital, or

(c) to an authorised officer of an interstate hospital, or

(d) to any other person approved in writing by the Director-General, subject to such conditions as may be imposed by the Director-General,

for use for medical or scientific purposes, unless the holder has reason to believe that to do so would be contrary to the wishes of the deceased or the senior available next of kin of the deceased.

(2) The holder of a licence must ensure that arrangements are made for the return of the human tissue to the holder of the licence as soon as practicable and by no later than the end of the period (if any) within which the human tissue is required to be disposed of under section 12.

Maximum penalty: 10 penalty units.

Note: Section 12 requires a body that is retained for anatomical examination, and any human tissue from that body, to be disposed of within a certain period after the death of the person. Section 12 does not apply if a specific authority has been given to retain the human tissue.

(3) The holder of a licence must, immediately after transferring human tissue under subsection (1), enter in the register kept by the holder opposite the particulars relating to the body concerned:

(a) the fact that the human tissue was transferred, and

(b) the date on which it was transferred, and

(c) the name and address of the person to whom it was transferred and of the licensed premises, hospital or other place at which the human tissue is to be retained, and

(d) details of the arrangements made with respect to the return of the human tissue.

Maximum penalty: 10 penalty units.

(4) Subject to subsection (5), the following persons are authorised to use, for medical or scientific purposes, human tissue transferred under this section:

(a) the person to whom the tissue was transferred,

(b) any person authorised by that person.

(5) A person who has possession of human tissue that has been transferred by the holder of a licence under this section must ensure that the human tissue is returned to the possession of the holder of the licence:

(a) within the period specified in the arrangements referred to in subsection (2), or

(b) if no period is specified, by the end of the period within which the human tissue must be disposed of under section 12.

Maximum penalty: 10 penalty units.

(6) Subsections (2) and (5) do not apply in respect of any human tissue:

(a) that will be or has been wholly or substantially destroyed as a consequence of its use for medical or scientific purposes, or

(b) that is not required to be disposed of by section 12.

(7) In this section:
"authorised officer" means an employee or officer of a hospital or interstate hospital who is authorised by the governing body of the hospital to take possession of human tissue on behalf of the hospital.
"interstate hospital" means a public or private hospital of another State or a Territory.