New South Wales Consolidated Acts

HUMAN TISSUE ACT 1983 - SECT 24

24 Authority to remove tissue where body of deceased not at a hospital

(1) If the body of a deceased person (other than a deceased child) is at a place other than a hospital, the removal of tissue from the body of the deceased person for the purpose of its transplantation to the body of a living person, or its use for other therapeutic purposes or for medical purposes or scientific purposes, is authorised if:

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

(b) the consent had not been revoked.

(2) The authority conferred by subsection (1) is subject to the terms and any conditions of the consent referred to in that subsection.

(3) If the body of a deceased person is at a place other than a hospital, a senior available next of kin of the person may, by instrument in writing or in any other manner prescribed by the regulations, authorise the removal of tissue from the deceased person’s body for the purpose of its transplantation to the body of a living person, or its use for other therapeutic purposes or for medical purposes or scientific purposes.

(4) A senior available next of kin must not grant an authority under subsection (3) 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had, during the person’s lifetime, expressed an objection to the removal of tissue from the person’s body and had not withdrawn that objection, or

(b) 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) objects to the removal of tissue from the person’s body.

Maximum penalty: 10 penalty units.