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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Human Tissue Amendment (Ante-mortem
Interventions) Bill 2024
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Human Tissue Act 1983 No 164 3
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2024
New South Wales
Human Tissue Amendment (Ante-mortem
Interventions) Bill 2024
Act No , 2024
An Act to amend the Human Tissue Act 1983 to allow ante-mortem procedures to be carried out
to facilitate post-mortem tissue donation; and for related purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Human Tissue Amendment (Ante-mortem Interventions) Bill 2024 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Human Tissue Amendment (Ante-mortem Interventions) Act 2024.
2 Commencement
This Act commences on the day that is 4 months after the date of assent to this Act.
Page 2
Human Tissue Amendment (Ante-mortem Interventions) Bill 2024 [NSW]
Schedule 1 Amendment of Human Tissue Act 1983 No 164
Schedule 1 Amendment of Human Tissue Act 1983 No 164
[1] Section 4 Definitions
Omit "senior available next of kin means--" from section 4(1), definition of senior
available next of kin.
Insert instead "senior available next of kin, other than in Part 4A, means--".
[2] Part 4A
Insert after Part 4--
Part 4A Ante-mortem procedures for donation of tissue
after death
27B Definitions
In this part--
ante-mortem procedure means the following medical procedures, other than
normothermic regional perfusion, carried out to determine, maintain or
improve the viability of tissue for a relevant purpose--
(a) the administration of medication,
(b) the removal of blood and tissue for testing,
(c) medical imaging and other diagnostic procedures,
(d) blood transfusions for the purpose of improving organ viability.
potential tissue donor means the person on whom an ante-mortem procedure
is to be carried out.
relevant purpose means the expected transplantation of tissue, excluding
gametes, from a potential tissue donor's body, after the potential tissue donor's
death, to the body of another living person.
senior available next of kin, of a potential tissue donor, means--
(a) in relation to a child who is a potential tissue donor--
(i) a parent of the child, or
(ii) if a parent of the child is not available--a brother or sister of the
child who is at least 18 years of age, or
(iii) if no person referred to in subparagraph (i) or (ii) is available--a
guardian of the child, and
(b) otherwise--
(i) the potential tissue donor's spouse, or
(ii) if the potential tissue donor does not have a spouse or the
potential tissue donor's spouse is not available--a child of the
potential tissue donor who is at least 18 years of age, or
(iii) if no person referred to in subparagraph (i) or (ii) is available--a
parent of the potential tissue donor, or
(iv) if no person referred to in subparagraph (i), (ii) or (iii) is
available--a brother or sister of the potential tissue donor who is
at least 18 years of age.
27C Authority to carry out ante-mortem procedures
(1) A designated officer in relation to a hospital may authorise the carrying out of
an ante-mortem procedure if the potential tissue donor provides consent.
Page 3
Human Tissue Amendment (Ante-mortem Interventions) Bill 2024 [NSW]
Schedule 1 Amendment of Human Tissue Act 1983 No 164
(2) If the potential tissue donor lacks the capacity to provide consent under
subsection (1), the designated officer may authorise the carrying out of an
ante-mortem procedure if--
(a) there are one or more senior available next of kin of the potential tissue
donor and a senior available next of kin provides consent under section
27D, or
(b) there are no known senior available next of kin of the potential tissue
donor and the designated officer is satisfied that--
(i) the potential tissue donor has, during the potential tissue donor's
lifetime, provided consent in writing to the removal of tissue for
a relevant purpose, and
(ii) the consent has not been revoked, and
(iii) the potential tissue donor has not expressed an objection to the
carrying out of an ante-mortem procedure on the potential tissue
donor.
(3) Despite subsections (1) and (2), a designated officer must not give an
authorisation unless--
(a) the designated officer is reasonably satisfied an authorisation to remove
tissue after the death of the potential tissue donor under the Act, Part 4
will be given, and
(b) a prescribed practitioner has certified in writing that the prescribed
practitioner is reasonably satisfied--
(i) the death of the potential tissue donor is imminently expected,
and
(ii) the carrying out of an ante-mortem procedure on the potential
tissue donor will not--
(A) hasten the death of the potential tissue donor, or
(B) cause more than minimal harm to the potential tissue
donor, or
(C) cause undue risk to the potential tissue donor.
(4) In this section--
experienced medical practitioner means a medical practitioner who has been
a registered medical practitioner for at least 5 years.
prescribed practitioner means a designated specialist or, if a designated
specialist is not available, an experienced medical practitioner, who is not
involved in--
(a) transplantation procedures, or
(b) the care of the potential tissue donor, or
(c) the care of a potential recipient of tissue.
27D Senior available next of kin may consent to ante-mortem procedures
(1) A senior available next of kin may consent to the carrying out of an
ante-mortem procedure on a potential tissue donor.
(2) The senior available next of kin must not provide consent under subsection (1)
unless the senior available next of kin is satisfied that there is no reason to
believe the potential tissue donor has expressed an objection to the carrying
out of an ante-mortem procedure on the potential tissue donor.
Page 4
Human Tissue Amendment (Ante-mortem Interventions) Bill 2024 [NSW]
Schedule 1 Amendment of Human Tissue Act 1983 No 164
27E Effect of an authority
An authority under section 27C is sufficient authority for the carrying out of
an ante-mortem procedure on a potential tissue donor.
27F Relationship with Guardianship Act 1987
(1) An authority under section 27C has effect despite the Guardianship Act 1987.
(2) Despite subsection (1), an authority under section 27C does not have effect
if--
(a) a person responsible has given consent to treatment on the potential
tissue donor under the Guardianship Act 1987, Part 5, and
(b) the treatment is incompatible with the ante-mortem procedure.
(3) In this section--
person responsible has the same meaning as in the Guardianship Act 1987,
Part 5.
treatment has the same meaning as in the Guardianship Act 1987, Part 5.
27G Ante-mortem procedure not to interfere with coroner's functions
Despite the other provisions of this part, an ante-mortem procedure must not
be carried out if the procedure is reasonably likely to interfere with the
functions of the coroner under the Coroners Act 2009 in respect of the death
of the potential tissue donor.
Page 5
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