Northern Territory Consolidated Acts

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HUMAN TISSUE TRANSPLANT ACT - SECT 16

Revocation of consent

16. Revocation of consent

(1) In relation to a consent given for the purposes of this Act, a reference in this section to the donor shall be read as a reference to the person who gave the consent.

(2) A person who gives a consent for the purposes of this Act may, at any time thereafter, revoke that consent by indicating either orally or in writing -

(a) where the donor is a patient in a hospital -

(i) to the person in charge of that hospital;

(ii) to a medical practitioner who is attending the donor in a professional capacity; or

(iii) to a registered or enrolled nurse within the meaning of the Health Practitioners Act ; or

(b) where the donor is not a patient in a hospital - to a medical practitioner who is attending the donor in a professional capacity,

that the consent is revoked.

(3) Where the donor -

(a) is a patient in a hospital; and

(b) indicates to a person referred to in subsection (2)(a)(ii) or (iii) that his consent is revoked,

that person shall inform the person in charge of that hospital forthwith of the revocation of the consent.

(4) Where a donor revokes his consent in accordance with subsection (2) -

(a) where the donor is a patient in a hospital at the time of the revocation - the person in charge of that hospital to whom the revocation is communicated in accordance with subsection (2) or (3); or

(b) where the donor is not a patient in a hospital at that time - the medical practitioner to whom the revocation is communicated,

shall, if it appears to him, after such inquiries, if any, as are reasonable in the circumstances, that a medical practitioner is proposing to rely on the consent in connection with the removal of tissue from the body of the donor, inform that medical practitioner forthwith that the consent has been revoked.

(5) Where a consent is revoked, a person who has in his possession the instrument of consent shall, upon being informed by the person in charge of a hospital or by the medical practitioner to whom the revocation is communicated that the consent has been revoked, surrender -

(a) that instrument; and

(b) if a certificate given in accordance with section 10 is in his possession, being a certificate relating to the consent - that certificate,

to the person who gave the consent.

17. [Repealed]



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