New South Wales Consolidated Acts

HUMAN TISSUE ACT 1983 - SECT 24B

24B Consent and authorisation of principal care officer

(1) A principal care officer must not give consent under section 23A or grant an authority under section 24A if:

(a) it appears to the officer, after making such inquiries as are reasonable in the circumstances, that the deceased child had, during the child’s lifetime, expressed an objection to the removal of tissue from the child’s body and had not withdrawn that objection, or

(b) the officer has not undertaken the consultation and obtained the approvals required by the following subsections.

(2) Before determining whether or not to give consent under section 23A or grant an authority under section 24A, the principal care officer is to use reasonable efforts to consult with such persons as the officer considers might be appropriate.

(3) If any of the persons consulted is a person whose approval the principal care officer considers should be obtained before consent is given or an authority is granted, the officer must not give consent or grant an authority unless that person approves.

(4) The principal care officer may determine that more than one person’s approval is required under subsection (3).