Transplantation and Anatomy (Disclosure of Information and Delegation) Amendment Bill 2024 (SA)

South Australia Transplantation and Anatomy (Disclosure of Information and Delegation) Amendment Bill 2024 A Bill For An Act to amend the Transplantation and Anatomy Act 1983.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Transplantation and Anatomy Act 1983 3 Amendment of section 39—Disclosure of information 4 Insertion of section 40A 40A Delegation Schedule 1—Statute law revision amendment of Transplantation and Anatomy Act 1983

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Transplantation and Anatomy (Disclosure of Information and Delegation) Amendment Act 2024. 2—Commencement This Act comes into operation on a day to be fixed by proclamation.

Part 2—Amendment of Transplantation and Anatomy Act 1983 3—Amendment of section 39—Disclosure of information (1) Section 39(1)—delete "shall not" and substitute: to whom this section applies must not (2) Section 39(1)—after "of a person" insert: or a deceased person (3) Section 39—after subsection (1) insert: (1a) This section applies to the following persons: (a) a person who (whether before or after the commencement of this subsection) undertakes an activity or function, or provides a service, related to the removal, use or transplantation of tissue, post‑mortem examinations or the donation of bodies for anatomical purposes, other than a person who undertakes a function under this Act by virtue of being the next of kin of the person to whom the information or document referred to in subsection (1) relates; (b) a person engaged to work for or with a person referred to in paragraph (a) (including through an employment contract, through a contract for services, through a volunteer or student placement arrangement and in prescribed circumstances) at the time the activity or function was undertaken, or service was provided, or at a later time; (c) if a person referred to in paragraph (a) is engaged to work at, or on behalf of, an entity to undertake the activity or function, or provide the service— (i) that entity (provided that the entity is a person); or (ii) a person engaged to work at or for that entity (including through an employment contract, through a contract for services, through a volunteer or student placement arrangement and in prescribed circumstances) at the time the activity or function was undertaken, or service was provided, or at a later time, provided that the person's knowledge of, or access to, the information or document referred to in subsection (1) was only by reason of being such a person. (4) Section 39(2)—after "any information" insert: or document (5) Section 39(2)(c)—delete paragraph (c) and substitute: (c) with the consent of— (i) the person to whom the information or document relates (the relevant person), provided that the relevant person is not a child at the time of the consent; or (ii) if the relevant person is a child at the time of the consent—the child's parent; or (iii) if the relevant person is a deceased person at the time of the consent—the person's next of kin or legal personal representative; or 4—Insertion of section 40A Before section 41 insert: 40A—Delegation (1) The Minister may delegate a function conferred on the Minister under this Act to a specified body or person (including a person for the time being holding or acting in a specified office or position). (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the ability of the Minister to act in any matter; and (d) is revocable at will. (3) A function delegated under this section may, if the instrument of delegation so provides, be further delegated.