Victorian Consolidated Legislation

Human Tissue Act 1982 - SECT 42

PART X MISCELLANEOUS

Act does not prevent specified removals of tissue etc.

42. Act does not prevent specified removals of tissue etc.



(1) Nothing in this Act applies to or in relation to-

   (a)  the removal of tissue, whether regenerative or non-regenerative, from
        the body of a 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 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 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 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 on behalf
        of the person;

   (b)  the use or disposal of the tissue so removed;

   (c)  the embalming of the body of a deceased person; or

   (d)  the preparation, including the restoration of any disfigurement or
        mutilation, of the body of a deceased person for the purpose of
        interment or cremation.

(2) In paragraph (a), (ab) and (b) of subsection (1) a reference to tissue
does not include a reference to foetal tissue, spermatozoa or ova.

(3) In this section-

health service provider has the same meaning as in the Health Records Act 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;

   (b)  a provider that provides a service prescribed as a health service for
        the purposes of this section; registered dentist means a person
        registered in the dentists' division of the register kept by the
        Dental Practice Board of Victoria under the
        Health Professions Registration Act 2005.