New South Wales Consolidated Acts

HUMAN TISSUE ACT 1983 - SECT 23

23 Authority to remove tissue where body of deceased at a hospital

(1) If a designated officer for a hospital is satisfied, after making such inquiries as are reasonable in the circumstances in relation to a person who has died in the hospital or whose dead body has been brought into the hospital, that:

(a) the person had, during the person’s lifetime, given his or her consent in writing to the removal after that person’s death of tissue from that person’s body for the purpose of:

(i) its transplantation to the body of a living person, or

(ii) its use for other therapeutic purposes or for medical purposes or scientific purposes, and

(b) the consent had not been revoked,

the designated officer may, by instrument in writing, authorise the removal of tissue from that person’s body in accordance with the terms and any conditions of the consent.

(2) An authority under subsection (1) is not to be given in respect of a deceased child.

(3) If the designated officer is not satisfied as to the matters referred to in subsection (1), or the deceased person is a deceased child, and the designated officer is satisfied, after making such inquiries as are reasonable in the circumstances in relation to the deceased person, that:

(a) the deceased person had not, during the person’s lifetime, expressed an objection to the removal of tissue from the person’s body, and

(b) a senior available next of kin has given his or her consent in writing, or in any other manner prescribed by the regulations, to the removal of tissue from the person’s body, and

(c) there is no next of kin of the same or a 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 removal of tissue from the person’s body,

the designated officer may, by instrument in writing, authorise the removal of tissue from the deceased person’s body in accordance with the terms and any conditions of the consent referred to in paragraph (b).

(4) This section does not apply to a deceased child who, immediately before his or her death, was in the care of the State.