New South Wales Consolidated Acts

HUMAN TISSUE ACT 1983 - SECT 21Y

21Y Authority to use tissue removed from child

(1) A senior available next of kin of a child may, by instrument in writing, authorise the use, for therapeutic, medical or scientific purposes, of any tissue removed from the body of the child during medical, dental or surgical treatment.

(2) A senior available next of kin must not grant an authority under subsection (1) if it appears to the senior available next of kin, after making such inquiries as are reasonable in the circumstances, that:

(a) the child objects to the use of the tissue for the purposes to be authorised, or

(b) there is another next of kin of the same or higher order of the classes in paragraph (aa) of the definition of "senior available next of kin" in section 4 (1) who objects to the use of the tissue for the purposes to be authorised.

Maximum penalty: 10 penalty units.

(3) This section does not apply if the child is deceased.

Note: Section 21ZA may apply if the child is deceased.