Commonwealth Numbered Acts

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AUSTRALIAN ORGAN AND TISSUE DONATION AND TRANSPLANTATION AUTHORITY ACT 2008 (NO. 122, 2008) - SECT 58

Protection of patient confidentiality

             (1)  In the performance of the CEO's functions, the CEO must not publish or disseminate information that is likely to enable the identification of a particular organ or tissue donor or recipient.

             (2)  Subsection (1) does not apply if the publication or dissemination of the information takes place with the consent of:

                     (a)  if the organ or tissue donor or recipient is aged at least 18 years--the organ or tissue donor or recipient; or

                     (b)  if the organ or tissue donor or recipient has died but is survived by a person (the surviving partner ) who was:

                              (i)  his or her partner immediately before he or she died; and

                             (ii)  living with him or her immediately before he or she died;

                            the surviving partner; or

                     (c)  in any other case--an individual who, under the regulations, is authorised to give consent to the publication or dissemination of the information.

             (3)  For the purposes of paragraph (2)(b), a person is taken to have been living with his or her partner at a particular time if they were not living together at that time only because of:

                     (a)  a temporary absence from each other; or

                     (b)  illness or infirmity of either or both of them.



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