Northern Territory Numbered Acts Northern Territory Numbered Actsrepeal, insert
A person (the donor ) who gives a consent to the removal of tissue from the donor's body for this Act, may revoke the consent at any time by indicating, either orally or in writing, it is revoked to:
(a) if the donor is a patient in a hospital:
(i) a designated officer for the hospital; or
(ii) a medical practitioner who is attending the donor in a professional capacity; or
(iii) a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a student); or
(b) otherwise – a medical practitioner who is attending the donor in a professional capacity.
(1) The medical practitioner or nurse to whom the revocation of the consent is indicated under section 16(a)(ii) or (iii) must immediately inform the designated officer for the hospital that the donor has revoked the consent.
(2) Subsection (3) applies to:
(a) the designated officer for the hospital:
(i) to whom the revocation of the consent is indicated under section 16(a)(i); or
(ii) who is informed about the revocation of the donor's consent under subsection (1); or
(b) the medical practitioner to whom the revocation of the consent is indicated under section 16(b).
(3) The medical practitioner or designated officer (the responsible person ) must make the inquiries that are reasonable in the circumstances to find out whether a medical practitioner is proposing to rely on the consent for the removal of tissue from the donor's body.
(4) If the responsible person finds out a medical practitioner is proposing to so rely on the consent, the responsible person must immediately inform the medical practitioner that the consent has been revoked.
Maximum penalty: 100 penalty units.
(5) An offence against subsection (4) is an offence of strict liability.
(6) It is a defence to a prosecution for an offence against subsection (4) if the defendant establishes a reasonable excuse.
(1) This section applies if:
(a) the donor's consent is revoked under section 16; and
(b) a medical practitioner or designated officer for a hospital informs the person who has possession of the instrument of consent that it has been revoked.
(2) Immediately after being informed of the revocation, the person must give the donor:
(a) the instrument of consent; and
(b) if the person has possession of the certificate given under section 10 for the consent – the certificate.
Maximum penalty: 100 penalty units.
(3) An offence against subsection (2) is an offence of strict liability.
(4) It is a defence to a prosecution for an offence against subsection (2) if the defendant establishes a reasonable excuse.