New South Wales Consolidated Acts

HUMAN TISSUE ACT 1983 - SECT 21ZA

21ZA Authority to use tissue removed from deceased person

(1) A senior available next of kin of a person who is deceased may, by instrument in writing, authorise the use, for therapeutic, medical or scientific purposes, of any tissue that was removed from the body of the deceased person, before that person’s death, 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 deceased person had, during the person’s lifetime, expressed an objection to the use of tissue removed from the person’s body for the purposes to be authorised and had not withdrawn that objection, or

(b) there is another next of kin of the same or higher order of the classes in paragraph (a) or (b) 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.