Victorian Consolidated Legislation

Human Tissue Act 1982 - SECT 18

Revocation of consent

18. Revocation of consent



(1) A reference in this section, in relation to a consent given for the
purposes of this Act, to the donor shall be read-

   (a)  in a case in which the consent is given in respect of a child-as a
        reference to the child; and

   (b)  in any other case-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, in relation to that consent, is a patient in a
        hospital-

   (i)  to a designated officer for that hospital;

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

   (iii) to a nurse or state enrolled nurse employed at that hospital; and

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

that the consent is revoked.

(3) Where-

   (a)  the donor is a patient in a hospital; and

   (b)  the person who gave the consent for the purposes of this Act indicates
        to a person referred to in subparagraph (ii) or (iii) of paragraph (a)
        of subsection (2) that the consent is revoked-

that person shall inform a designated officer for that hospital forthwith of
the revocation of the consent.

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

   (a)  if the donor is a patient in a hospital at the time of the
        revocation-the designated officer for the hospital to whom the
        revocation is communicated in accordance with subsection (2) or (3);
        or

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

shall, if it appears to him, after making such inquiries (if any) as are
reasonable in the circumstances, that a registered medical practitioner is
proposing to rely on the consent in connexion with the removal of tissue from
the body of the donor, inform that registered 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that the consent has been revoked.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 a designated officer for a
hospital or by the registered 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 9 or with section
        15(2) is in his possession, being a certificate relating to the
        consent-that certificate-

to the person who gave the consent.

(6) A designated officer to whom a person indicates that his consent is
revoked under paragraph (a) of subsection (2) or who is informed under
subsection (3) of the revocation of a consent shall forthwith record the fact
in writing and shall retain the record for three years.

(7) A registered medical practitioner to whom a person indicates that his
consent is revoked under paragraph (b) of subsection (2) shall forthwith
record the fact in writing and shall retain the record for three years.