New South Wales Consolidated Acts

HUMAN TISSUE ACT 1983 - SECT 37

37 Disclosure of information

(1) This section applies:

(a) where a consent has been given pursuant to this Act-to a medical practitioner who has given a certificate in relation to the consent,

(b) where an authority has been given pursuant to this Act by a designated officer for a hospital-to the designated officer,

(c) where tissue other than blood has been removed from the body of a person (whether living or deceased)-to the medical practitioner who removed the tissue and, if the tissue was removed at a hospital, to each person who was employed at the hospital when the tissue was removed or who has since been employed at the hospital,

(ca) where blood has been removed from the body of a person (whether living or deceased):

(i) by a medical practitioner,

(ii) by an employee or member of the Australian Red Cross Society or of a body prescribed for the purpose of this subparagraph, or

(iii) by any other person of a class prescribed for the purpose of this subparagraph,

to:

(iv) the medical practitioner, any person who was the employer or partner of that practitioner when the blood was removed and any person who was an employee of that practitioner when the blood was removed or who has since been employed by that practitioner,

(v) the Australian Red Cross Society or body so prescribed and any person who was an employee or member of that Society or body when the blood was removed or who has since been employed by that society or body, or

(vi) that other person, any person who was the employer or partner of that other person when the blood was removed and any person who was an employee of that other person when the blood was removed or has since been employed by that other person,

(cb) where blood has been removed from the body of a person (whether living or deceased) at a hospital or at premises prescribed, or at premises of a class prescribed, for the purposes of this paragraph-to any person who was employed at the hospital or premises when the blood was removed or who has since been employed at the hospital or premises,

(d) where tissue has been transplanted into the body of a person-to the medical practitioner who performed the transplantation and, if the tissue was transplanted at a hospital, to each person who was employed at the hospital when the transplantation was performed or who has since been employed at the hospital, and

(e) where it is proposed that tissue be transplanted into the body of a person-to a medical practitioner who proposes to perform the transplantation and, if the tissue is to be transplanted at a hospital, to each person who is employed at the hospital or who is subsequently employed at the hospital.

(2) A person to whom this section applies shall not disclose information or publish a record whereby the identity of a person (whether living or deceased):

(a) from whose body tissue has been, is being or may be removed for the purpose of its transplantation or its use for other therapeutic purposes or for medical purposes or scientific purposes,

(b) with respect to whom or with respect to whose body a consent or authority has been given under this Act, or

(c) into whose body tissue has been, is being or may be transplanted,

may become publicly known.

Maximum penalty: 10 penalty units.

(3) Subsections (1) and (2) do not apply to or in respect of the disclosure of information or the publication of a record:

(a) with the consent of the person (not being a child) to whom the information or record relates,

(b) in connection with the administration or execution of this Act,

(c) in connection with bona fide medical research,

(d) for the purposes of any legal proceedings or of any report of any such proceedings, or

(e) with other lawful excuse.

(4) For the purposes of this section, a person shall be deemed to have published a record if that person permits or facilitates access to that record by another person.