New South Wales Consolidated Acts

HUMAN TISSUE ACT 1983 - SECT 21Z

21Z Authority to use tissue removed from person under guardianship

(1) A person responsible for a person who is a patient to whom Part 5 of the Guardianship Act 1987 applies may, by instrument in writing, authorise the use, for therapeutic, medical or scientific purposes, of any tissue removed from the body of the patient during medical, dental or surgical treatment.

(2) This section does not apply if:

(a) the patient is a child and the 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 patient is a child and 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), or

(c) the patient (whether or not a child) is deceased.

(3) In this section:
"person responsible" for a person has the meaning given by Part 5 of the Guardianship Act 1987 .