Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Coroners and Human Tissue Acts (Amendment)
Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENT OF THE CORONERS ACT 1985 3
3. Definitions 3
4. Autopsies 3
5. Objects of the Victorian Institute of Forensic Medicine 4
6. Functions of the Victorian Institute of Forensic Medicine 4
7. Validation 5
PART 3--AMENDMENT OF THE HUMAN TISSUE ACT 1982 7
8. Removal of tissue after death 7
9. New section 26A inserted 7
26A. How information may be given 7
10. New section 28A inserted 8
28A. How information may be given 8
11. Post-mortem examinations 9
12. New section 32A inserted 9
32A. How information may be given 9
13. Non-application of Human Tissue Act 1982 10
14. Offences 11
15. Disclosure of information 12
16. New section 45A inserted 13
45A. Validation 13
17. New section 47 inserted 14
47. Transitional 14
ENDNOTES 15
i
551472B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
PARLIAMENT OF VICTORIA
A BILL
to amend the Coroners Act 1985 and the Human Tissue Act 1982
and for other purposes.
Coroners and Human Tissue Acts
(Amendment) Act 2006
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to amend the Coroners Act 1985 in relation
to autopsies and to provide further for the
5
objects and functions of the Victorian
Institute of Forensic Medicine; and
1
551472B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
Coroners and Human Tissue Acts (Amendment) Act 2006
Act No.
Part 1--Preliminary
s. 2
(b) to make miscellaneous amendments to the
Human Tissue Act 1982.
2. Commencement
(1) This Act (except section 13(4)) comes into
operation on the day after the day on which it
5
receives the Royal Assent.
(2) Section 13(4) comes into operation on the day on
which section 163(1)(c) of the Health
Professions Registration Act 2005 comes into
operation.
10
__________________
2
551472B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
Coroners and Human Tissue Acts (Amendment) Act 2006
Act No.
Part 2--Amendment of the Coroners Act 1985
s. 3
See:
PART 2--AMENDMENT OF THE CORONERS ACT 1985
Act No.
10257.
3. Definitions Reprint No. 5
as at
In section 3(1) of the Coroners Act 1985 insert 26 November
2004
the following definitions-- and
amending
' "corresponding law" means a law relating to
5 Act Nos
the donation of human tissue for 108/2004,
18/2005,
transplantation or for use for other 77/2005 and
therapeutic purposes or for medical or 97/2005.
LawToday:
scientific purposes that-- www.dms.
dpc.vic.
(a) substantially corresponds to the
10 gov.au
Human Tissue Act 1982; or
(b) is prescribed for the purposes of this
definition;
"transplantation" has the same meaning as in
section 3(2) of the Human Tissue Act
15
1982;'.
4. Autopsies
After section 27(1) of the Coroners Act 1985
insert--
"(1A) For the purposes of an autopsy performed in
20
accordance with--
(a) a direction under sub-section (1); or
(b) an order under section 28(4)(a)--
a mortuary technician, forensic technician or
scientist, under the general supervision of the
25
pathologist or doctor who is responsible for
the performance of the autopsy, may remove
or assist in the removal of tissue.".
3
551472B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
Coroners and Human Tissue Acts (Amendment) Act 2006
Act No.
Part 2--Amendment of the Coroners Act 1985
s. 5
5. Objects of the Victorian Institute of Forensic
Medicine
(1) In section 64(2)(h) of the Coroners Act 1985, for
"programs" substitute "programs;".
(2) For section 64(2)(i) of the Coroners Act 1985
5
substitute--
"(i) to provide tissue banking facilities and
services referred to in section 66(4).".
6. Functions of the Victorian Institute of Forensic
Medicine
10
(1) In section 66(1) of the Coroners Act 1985--
(a) in paragraph (f), for "examinations;"
substitute "examinations.";
(b) paragraph (g) is repealed.
(2) After section 66(3) of the Coroners Act 1985
15
insert--
"(4) The Institute also has the following
functions--
(a) to receive tissue taken in accordance
with the Human Tissue Act 1982
20
(whether under Part X of that Act or
otherwise) from living persons in
Victoria and to process, store and
supply the tissue for transplantation to
living persons in Victoria or elsewhere
25
or for use, in Victoria or elsewhere, for
other therapeutic purposes or for
medical or scientific purposes;
(b) to remove tissue, or receive tissue
taken, in accordance with the Human
30
Tissue Act 1982 from deceased
persons in Victoria (whether or not a
coroner has jurisdiction to investigate
the deaths) and to process, store and
4
551472B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
Coroners and Human Tissue Acts (Amendment) Act 2006
Act No.
Part 2--Amendment of the Coroners Act 1985
s. 7
supply the tissue for transplantation to
living persons in Victoria or elsewhere
or for use, in Victoria or elsewhere, for
other therapeutic purposes or for
medical or scientific purposes;
5
(c) to remove tissue, or receive tissue
taken, in accordance with a
corresponding law of another State or a
Territory and to process, store and
supply the tissue for transplantation to
10
living persons in Victoria or elsewhere
or for use, in Victoria or elsewhere, for
other therapeutic purposes or for
medical or scientific purposes;
(d) to receive tissue taken in accordance
15
with a corresponding law of a country
other than Australia and to process,
store and supply the tissue for
transplantation to living persons in
Victoria or elsewhere or for use, in
20
Victoria or elsewhere, for other
therapeutic purposes or for medical or
scientific purposes.".
7. Validation
At the end of section 75 of the Coroners Act
25
1985 insert--
"(2) Anything done or purported to be done under
this Act before the commencement of
section 7 of the Coroners and Human
Tissue Acts (Amendment) Act 2006, that
30
would have been validly done had that Act
been in operation at the time at which the
thing was done or purported to have been
done has, and is deemed always to have had,
the same force and effect as it would have
35
had if the Coroners and Human Tissue
Acts (Amendment) Act 2006 had been in
5
551472B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
Coroners and Human Tissue Acts (Amendment) Act 2006
Act No.
Part 2--Amendment of the Coroners Act 1985
s. 7
operation at the time at which the thing was
done or purported to have been done.".
__________________
6
551472B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
Coroners and Human Tissue Acts (Amendment) Act 2006
Act No.
Part 3--Amendment of the Human Tissue Act 1982
s. 8
See:
PART 3--AMENDMENT OF THE HUMAN TISSUE ACT 1982
Act No.
9860.
8. Removal of tissue after death Reprint No. 3
as at
For section 25(b) of the Human Tissue Act 1982 1 June 2004
and
substitute-- amending
Act No.
"(b) for a prescribed person or a person belonging
5 97/2005.
to a prescribed class of persons to remove LawToday:
www.dms.
tissue, or a prescribed class of tissue, from dpc.vic.
the body of a deceased person in accordance gov.au
with--
(i) an authorisation of a designated officer
10
under section 26(1); or
(ii) an authority given by section 26(2).
Note: See section 47.".
9. New section 26A inserted
After section 26 of the Human Tissue Act 1982
15
insert--
"26A. How information may be given
A reference in section 26--
(a) to the senior available next of kin
making his or her consent known to a
20
designated officer or to a registered
medical practitioner or authorised
person; or
(b) to a designated officer or a registered
medical practitioner or authorised
25
person--
(i) making inquiries; or
7
551472B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
Coroners and Human Tissue Acts (Amendment) Act 2006
Act No.
Part 3--Amendment of the Human Tissue Act 1982
s. 10
(ii) advising the senior available next
of kin--
may be taken to be a reference to the
designated officer, registered medical
practitioner or authorised person being
5
satisfied that the consent has been given, the
inquiries have been made or the advice has
been given, as the case may be.".
10. New section 28A inserted
After section 28 of the Human Tissue Act 1982
10
insert--
"28A. How information may be given
A reference in section 28--
(a) to a designated officer of a hospital or a
registered medical practitioner making
15
inquiries or advising the senior
available next of kin; or
(b) to the senior available next of kin
making his or her consent known to a
designated officer or registered medical
20
practitioner--
may be taken to be a reference to the
designated officer or registered medical
practitioner being satisfied that the inquiries
have been made, the advice has been given
25
or the consent has been given, as the case
may be.".
8
551472B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
Coroners and Human Tissue Acts (Amendment) Act 2006
Act No.
Part 3--Amendment of the Human Tissue Act 1982
s. 11
11. Post-mortem examinations
After section 30(1) of the Human Tissue Act
1982 insert--
"(1A) A mortuary technician, forensic technician or
scientist, under the general supervision of the
5
registered medical practitioner who is
responsible for the conduct of the post-
mortem examination, may remove or assist
in the removal of tissue under sub-section
(1)(b).".
10
12. New section 32A inserted
After section 32 of the Human Tissue Act 1982
insert--
"32A. How information may be given
A reference in section 32--
15
(a) to a designated officer of a hospital or a
registered medical practitioner making
inquiries or advising the senior
available next of kin; or
(b) to the senior available next of kin
20
making his or her consent known to a
designated officer or registered medical
practitioner--
may be taken to be a reference to the
designated officer or registered medical
25
practitioner being satisfied that the inquiries
have been made, the advice has been given
or the consent has been given, as the case
may be.".
9
551472B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
Coroners and Human Tissue Acts (Amendment) Act 2006
Act No.
Part 3--Amendment of the Human Tissue Act 1982
s. 13
13. Non-application of Human Tissue Act 1982
(1) For section 42(1)(a) of the Human Tissue Act
1982 substitute--
"(a) the removal of tissue, whether regenerative
or non-regenerative, from the body of a
5
living person--
(i) in the course of medical treatment or
dental care or a procedure carried out,
in the interests of the health of the
person, by a registered medical
10
practitioner or, in the case of dental
care, by a registered dentist with the
consent, express or implied, given by or
on behalf of the person; or
(ii) in circumstances necessary for the
15
preservation of the life of the person;
(ab) the removal of blood or other regenerative
tissue from the body of a living person in the
course of medical treatment or a procedure
(including the testing of blood to determine
20
whether the person has, or may have in the
future, a disease or medical condition)
carried out, in the interests of the health of
the person, by a health service provider with
the consent, express or implied, given by or
25
on behalf of the person;".
(2) In section 42(2) of the Human Tissue Act 1982,
after "(a)" insert ", (ab)".
10
551472B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
Coroners and Human Tissue Acts (Amendment) Act 2006
Act No.
Part 3--Amendment of the Human Tissue Act 1982
s. 14
(3) After section 42(2) of the Human Tissue Act
1982 insert--
'(3) In this section--
"health service provider" has the same
meaning as in the Health Records Act
5
2001 and includes--
(a) a person who is employed or
engaged by, or who performs
work for, a health service provider
in the performance of that service;
10
(b) a provider that provides a service
prescribed as a health service for
the purposes of this section;
"registered dentist" has the same meaning
as in the Dental Practice Act 1999.'.
15
(4) In section 42(3) of the Human Tissue Act 1982,
for the definition of "registered dentist"
substitute--
' "registered dentist" means a person registered
in the dentists' division of the register kept
20
by the Dental Practice Board of Victoria
under the Health Professions Registration
Act 2005.'.
14. Offences
In sections 44(4)(a) and 44(4)(b) of the Human
25
Tissue Act 1982, after "make" insert "or having
been satisfied that those inquiries have been
made".
11
551472B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
Coroners and Human Tissue Acts (Amendment) Act 2006
Act No.
Part 3--Amendment of the Human Tissue Act 1982
s. 15
15. Disclosure of information
After section 45(3) of the Human Tissue Act
1982 insert--
"(4) Despite sub-section (1) and Health Privacy
Principles 1 and 2 set out in Schedule 1 to
5
the Health Records Act 2001 and
section 141 of the Health Services Act
1988, any of the persons referred to in sub-
section (5) may--
(a) collect and use health information
10
within the meaning of the Health
Records Act 2001 in relation to a
deceased person or an unconscious
person referred to in section 26(5); and
(b) disclose that information to each other
15
and any other necessary person--
for the purposes of--
(c) assessing whether the tissue of the
deceased person or the person when
deceased is suitable for any use
20
permitted under Part IV, V or VI; and
(d) determining whether the removal of
tissue is authorised under Part IV, V
or VI; and
(e) ascertaining and locating the senior
25
available next of kin of the person
referred to in paragraph (a).
(5) Sub-section (4) applies to--
(a) a hospital where the person has died or
where the person is or had previously
30
been a patient;
(b) a registered medical practitioner of the
person;
12
551472B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
Coroners and Human Tissue Acts (Amendment) Act 2006
Act No.
Part 3--Amendment of the Human Tissue Act 1982
s. 16
(c) the Victorian Institute of Forensic
Medicine established under Part 9 of
the Coroners Act 1985;
(d) a tissue or organ donation service,
including a person or body prescribed
5
as a tissue or organ donation service;
(e) a person who is employed or engaged
by, or who performs work for, a person
or body referred to in paragraph (a), (c)
or (d) in relation to tissue donation.
10
(6) Despite any other Act or law, a person to
whom a request for health information is
made under sub-section (4) is authorised to
provide the requested information.".
16. New section 45A inserted
15
After section 45 of the Human Tissue Act 1982
insert--
"45A. Validation
Anything done or purported to be done under
this Act before the commencement of
20
section 16 of the Coroners and Human
Tissue Acts (Amendment) Act 2006 that
would have been validly done--
(a) had that Act been in operation at the
time at which the thing was done or
25
purported to have been done; and
(b) had the persons referred to in
regulation 4A of the Human Tissue
Regulations 2006 been prescribed to
remove tissue of any kind and had their
30
duties included the removal of tissue of
any kind--
has, and is deemed always to have had, the
same force and effect as it would have had if
the Coroners and Human Tissue Acts
35
13
551472B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
Coroners and Human Tissue Acts (Amendment) Act 2006
Act No.
Part 3--Amendment of the Human Tissue Act 1982
s. 17
(Amendment) Act 2006 had been in
operation at the time at which the thing was
done or purported to have been done and the
persons referred to in regulation 4A of the
Human Tissue Regulations 2006 had been
5
prescribed to remove tissue of any kind.".
17. New section 47 inserted
After section 46 of the Human Tissue Act 1982
insert--
"47. Transitional
10
Until the commencement of regulations
made on or after the commencement of
section 8 of the Coroners and Human
Tissue Acts (Amendment) Act 2006
prescribing persons, or classes of persons for
15
the purposes of section 25(b), the persons
referred to in regulation 4A of the Human
Tissue Regulations 2006 are deemed to have
been prescribed to remove tissue of any kind
and their duties are deemed to include the
20
removal of tissue of any kind.".
14
551472B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
Coroners and Human Tissue Acts (Amendment) Act 2006
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
15
551472B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
[Index] [Search] [Download] [Related Items] [Help]