Human Tissue Act 1983 (NSW)

Human Tissue Act 1983 No 164

An Act relating to the donation of tissue by living persons, the removal of tissue from deceased persons, the conduct of post-mortem examinations of deceased persons, and certain other matters.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Human Tissue Act 1983.

2 Commencement (1) Sections 1 and 2 shall commence on the date of assent to this Act. (2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3 (Repealed)

4 Definitions (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires— blood product means a product or extract derived or extracted from blood by any process of manufacture. child means a person who has not attained the age of 18 years and who is not married. designated officer means— (a) in relation to a hospital, a person appointed for the time being under section 5 (1) (a) to be a designated officer for the hospital, or (b) in relation to a forensic institution, a person appointed for the time being under section 5 (3) to be a designated officer for the forensic institution. designated specialist, in relation to a hospital, means a person appointed for the time being under section 5 (1) (b) to be a designated specialist for the hospital. donor, in relation to blood, means the person from whom the blood has been removed. exempt supplier— (a) in relation to the supply of blood or a blood product, means— (i) the Australian Red Cross Society, or (ii) the governing body of a hospital, or (iii) any other body declared by the regulations to be an exempt supplier for the purposes of this Act, or (a1) in relation to the supply of blood products that are therapeutic goods within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth and that are registered goods within the meaning of that Act—a body that supplies those goods, or (a2) in relation to the supply of blood products that are therapeutic goods within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth and that are exempt goods for the purposes of Part 3–2 of that Act—a body that supplies those goods in compliance with the conditions (if any) of the relevant exemption. (b) (Repealed) exercise a function includes perform a duty. forensic institution means— (a) an institution that is under the control of a public health organisation (within the meaning of the Health Services Act 1997), or (b) an accredited pathology laboratory under the Health Insurance Act 1973 of the Commonwealth, or (c) an institution that is under the control of the Health Administration Corporation, at which post-mortem examinations of human bodies are carried out, but does not include a hospital. function includes a power, authority or duty. governing body means— (a) in relation to a hospital— (i) in the case of a public hospital that is controlled by a public health organisation within the meaning of the Health Services Act 1997—the public health organisation, or (ii) in the case of a public hospital within the meaning of the Health Services Act 1997 that is controlled by the Crown (including the Minister or the Health Administration Corporation)—the Crown, or (iii) in the case of a private health facility within the meaning of the Private Health Facilities Act 2007—the licensee of the facility, or (b) in relation to a forensic institution— (i) in the case of a forensic institution that is controlled by a public health organisation within the meaning of the Health Services Act 1997—the public health organisation, or (ii) in the case of an accredited pathology laboratory under the Health Insurance Act 1973 of the Commonwealth—the person in charge of the laboratory (however designated), or (iii) in the case of a forensic institution that is controlled by the Health Administration Corporation—the Health Secretary. Health Secretary means the Secretary of the Ministry of Health. hospital means— (a) a public hospital within the meaning of the Health Services Act 1997, or (b) a private health facility within the meaning of the Private Health Facilities Act 2007. inspector means a person appointed as an inspector under Part 7A. medical, dental or surgical treatment means any medical, dental or surgical treatment carried out by, or under the supervision of, a medical practitioner or dentist with respect to a living person in the interests of the health of the person. next of kin means— (aa) in relation to a child who is living—a person referred to in paragraph (aa) of the definition of senior available next of kin, and (a) in relation to a deceased child—a person referred to in paragraph (a) of the definition of senior available next of kin, and (b) in relation to any other deceased person—a person referred to in paragraph (b) of that definition. non-regenerative tissue means tissue other than regenerative tissue. premises includes any means of vehicular transport. prescribed contaminant means an organism or substance declared by the regulations to be a prescribed contaminant for the purposes of this Act. record includes book, account, deed, writing, document and any other source of information compiled, recorded or stored in written form, or on micro-film, or by electronic process, or in any other manner or by any other means. regenerative tissue means tissue that, after injury or removal, is replaced in the body of a living person by natural processes of growth or repair. regulation means a regulation made under this Act. senior available next of kin, other than in Part 4A, means— (aa) in relation to a child who is living— (i) a parent of the child, or (ii) if no person referred to in subparagraph (i) is available—a person who is a guardian of the child, and (a) in relation to a deceased child— (i) a parent of the child, (ii) where a parent of the child is not available—a brother or sister of the child, being a brother or sister who has attained the age of 18 years, or (iii) where no person referred to in subparagraph (i) or (ii) is available—a person who was a guardian of the child immediately before the death of the child, and (b) in relation to any other deceased person— (i) a person who was a spouse of the deceased person immediately before the deceased person's death, (ii) where the deceased person, immediately before death, had no spouse or where the deceased person had a spouse but the person who was then the deceased person's spouse is not available—a son or daughter (if any) of the deceased person, being a son or daughter who has attained the age of 18 years, (iii) where no person referred to in subparagraph (i) or (ii) is available—a parent of the deceased person, or (iv) where no person referred to in subparagraph (i), (ii) or (iii) is available—a brother or sister of the deceased person, being a brother or sister who has attained the age of 18 years. spouse means— (a) the person to whom a person is legally married (including the husband or wife of a person), or (b) a de facto partner, but where more than one person would so qualify as a spouse, means only the last person so to qualify.