HUMAN TISSUE ACT 1983 - As at 25 March 2024 - Act 164 of 1983

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
3. (Repealed)
• 4 Definitions
• 4A Notes
• 5 Designated officers and designated specialists
• 5A Delegation of functions of next of kin
• 5B Delegation of functions of principal care officer

PART 2 - DONATIONS OF TISSUE BY LIVING PERSONS

Division 1 - Exclusion of certain tissue

• 6 Definition

Division 2 - Donations by adults

• 7 Consents to removal of regenerative tissue from adults
• 8 Consents to removal of non-regenerative tissue from adults
• 9 Medical practitioners' certificates

Division 3 - Donations by children

• 10 Consents to removal of regenerative tissue from children
• 11 Medical practitioners' certificates
• 11A Medical practitioners' certificate--child not capable of understanding

Division 4 - Effect of consent

• 12 Effect of consent under section 7
• 13 Effect of consent under section 8
• 14 Effect of consent under section 10
• 15 Written consent not to be sufficient authority in certain circumstances

Division 5 - Revocation of consent or agreement

• 16 Revocation of consent
• 17 Child no longer in agreement with removal or transplantation

PART 3 - BLOOD DONATIONS

Division 1 - Preliminary

• 18 Objects of Part
• 18A Application of Part

Division 2 - Consent to removal of blood

• 19 Consent to removal of blood from persons 16 years and over
• 20 Consent to removal of blood from persons under 16 years
• 20A Consent to removal of blood from child if child unable to agree
• 20B Effect of consent under Division

Division 3 - Special provisions concerning donors

• 20C Application of Division
• 20D Certificates by donors
• 20E False or misleading statements
• 20F Restrictions as to legal proceedings involving infection by a prescribed contaminant involving blood
20G. (Repealed)
• 20H Records

PART 3A - REGULATION OF BUSINESSES SUPPLYING BLOOD AND BLOOD PRODUCTS

• 21 Unauthorised persons prohibited from carrying on a business of supplying blood or blood products
• 21A Presumptions in certain legal proceedings
• 21B Offences by corporations
• 21C Injunctions
21D-21E. (Repealed)

PART 3B - (Repealed)

PART 3C - USE OF TISSUE REMOVED DURING MEDICAL, DENTAL OR SURGICAL TREATMENT

• 21W Application
• 21X Authority to use tissue removed from adult
• 21Y Authority to use tissue removed from child
• 21Z Authority to use tissue removed from person under guardianship
• 21ZA Authority to use tissue removed from deceased person
• 21ZB Effect of authority under this Part

PART 4 - REMOVAL OF TISSUE AFTER DEATH

• 23 Authority to remove tissue where body of deceased at a hospital
• 23A Authority to remove tissue where body of deceased child in care of State at a hospital
• 24 Authority to remove tissue where body of deceased not at a hospital
• 24A Authority to remove tissue where body of deceased child in care of State not at a hospital
• 24B Consent and authorisation of principal care officer
• 25 Consent by coroner
• 26 Certificates required in certain situations
• 27 Effect of authority under this Part
• 27A Guidelines for removal of tissue after death

PART 5 - POST-MORTEM EXAMINATIONS

Division 1 - Authority to conduct post-mortem examinations

• 28 Authority for post-mortem examination where body of deceased at a hospital
• 29 Authority for post-mortem examination where body of deceased not at a hospital
• 30 Consent by coroner
• 31 Effect of authority under this Division

Division 2 - Use of tissue removed for post-mortem examination for other purposes

• 31A Authority to use tissue removed for post-mortem examination for other purposes
• 31B Consent by coroner
• 31C Effect of authority under this Division

Division 3 - General

• 31D General

PART 6 - PROHIBITION OF TRADING IN TISSUE

• 32 Trading in tissue prohibited

PART 7 - DEFINITION OF DEATH

• 33 When death occurs

PART 7A - ENFORCEMENT

• 33A Appointment of inspectors
• 33B Powers of inspectors
• 33C Provisions relating to exercise of powers
• 33D Requirement to provide information and records
• 33E Power of inspectors to require answers
• 33F Power to demand name and address
• 33G Search warrants
• 33H Offences
• 33I Disallowance of seizure
• 33J Disposal of seized items

PART 8 - MISCELLANEOUS

• 34 Act does not prevent specified removals of tissue
• 34A Authority not to be given in respect of child in care of the State
• 35 Exclusion of liability of persons acting in pursuance of consent or authority
• 36 Offences
• 37 Disclosure of information
• 37A Recovery of costs incurred by the State in connection with the supply of blood and blood products to approved health providers
• 38 Proceedings for offences
• 39 Regulations
• 40 Savings, transitional and other provisions
• SCHEDULE 1