New South Wales Consolidated Acts

HUMAN TISSUE ACT 1983 - SECT 16

16 Revocation of consent

(1) A reference in this section, in relation to a consent given in accordance with a provision of this Act, to the donor:

(a) in a case in which the consent is given in respect of a child-is a reference to the child, and

(b) in any other case-is a reference to the person who gave the consent.

(2) Where a medical practitioner has given a certificate in accordance with section 9, 11 or 11A and the person by whom the consent the subject of the certificate was given indicates:

(a) if the donor is a patient in a hospital:

(i) to a designated officer for the hospital,

(ii) to a medical practitioner who is attending the donor in a professional capacity, or

(iii) to a nurse employed at the hospital, or

(b) if the donor is not a patient in a hospital-to a medical practitioner who is attending the donor in a professional capacity,

that the consent is revoked, subsections (3), (4) and (5) have effect.

(3) Where:

(a) the donor is a patient in a hospital, and

(b) the person who gave the consent for the purposes of this Act indicates to a person referred to in subsection (2) (a) (ii) or (iii) that the consent is revoked,

the person to whom the indication is given shall forthwith inform a designated officer for the hospital of the revocation of the consent.

Maximum penalty: 40 penalty units or imprisonment for 6 months, or both.

(4) The designated officer for the hospital or, where the donor is not a patient in a hospital, the medical practitioner who is attending the donor in a professional capacity shall, if it appears to the designated officer or medical practitioner, as the case may be, after making such inquiries (if any) as are reasonable in the circumstances, that any other medical practitioner is proposing to remove tissue from the body of the donor pursuant to the consent, inform that other medical practitioner forthwith that the consent is revoked.

Maximum penalty: 40 penalty units or imprisonment for 6 months, or both.

(5) A medical practitioner who has possession of:

(a) an instrument of consent, or

(b) a certificate given in accordance with section 9, 11 or 11A in relation to the consent,

or both, shall, as soon as practicable after becoming aware that the consent is revoked, furnish the instrument or certificate, or both, as the case may be, to the person who gave the consent.

Maximum penalty: 40 penalty units or imprisonment for 6 months, or both.