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. Schedule 1—Statute law revision amendment of Transplantation and Anatomy Act 1983 Provision amended|How amended| Section 5(1) definition of child, (a)|Delete "eighteen" and substitute: 18| Section 5(1) definition of next of kin, (a)|Delete "(i), (a)(ii) or (a)(iii)"| Section 5(1) definition of next of kin, (b)|Delete "(i), (b)(ii), (b)(iii) or (b)(iv)"| Section 5(1) definition of senior available next of kin|Delete "eighteen" wherever occurring and substitute in each case: 18| Section 5(2)|Delete "shall" and substitute: will| Section 5A heading|Delete "a"| Section 7|Delete "shall not" and substitute: is not to| Section 8 heading|Delete "this"| Section 9(1)|Delete "him" wherever occurring and substitute in each case: them| Section 9|Delete "his" wherever occurring and substitute in each case: their| Section 10(1)|Delete "him" wherever occurring and substitute in each case: them| Section 10|Delete "his" wherever occurring and substitute in each case: their| Section 10(1)|Delete "twenty-four" and substitute: 24| Section 11 heading|Delete "this"| Section 13 heading|Delete "a"| Section 13(4)|Delete "shall" wherever occurring and substitute in each case: must| Section 13(4)|Delete "three" and substitute: 3| Section 13(4)|Delete "one" wherever occurring and substitute in each case: 1| Section 13(4)(a)|Delete "seven" and substitute: 7| Section 14|Delete "his" wherever occurring and substitute in each case: their| Section 15|Delete "section 9, is" and substitute: section 9 is,| Section 16|Delete "twenty-four" and substitute: 24| Section 17|Delete "his" wherever occurring and substitute in each case: their| Section 18|Delete "his" and substitute: their| Section 21(2) and (3)|Delete "his" wherever occurring and substitute in each case: their| Section 21(4)|Delete "he has" and substitute: they have| Section 21(4)|Delete "shall" and substitute: may| Section 21(5)|Delete "two" and substitute: 2| Section 21(5)|Delete "a subparagraph of"| Section 22(2)(a) and (3)(a)|Delete "his" wherever occurring and substitute in each case: their| Section 22(3)|Delete "hereby"| Section 23(1)|Delete "shall not" and substitute: may only| Section 23(1)|Delete "unless" and substitute: if| Section 23(3)|Delete "his or her" and substitute: their| Section 23(5)|Delete "shall" and substitute: must| Section 24 heading|Delete "this"| Section 24(2)|Delete "shall not" and substitute: may only| Section 24(2)|Delete "unless" and substitute: if| Section 24(2)|Delete "two" and substitute: 2| Section 24(2)|Delete "five" and substitute: 5| Section 24(3)|Delete "shall" and substitute: is to| Section 24(3)|Delete "five" and substitute: 5| Section 25|Delete "his or her" wherever occurring and substitute in each case: their| Section 25(7) and (9)|Delete "two" wherever occurring and substitute in each case: 2| Section 25(7)(a)|Delete "one" and substitute: 1| Section 25(9)|Delete "a subparagraph of"| Section 26(2)|Delete "he or she has" and substitute: they have| Section 26|Delete "his or her" wherever occurring and substitute in each case: their| Section 27|Delete "his or her" wherever occurring and substitute in each case: their| Section 27(2)|Delete "he or she has" and substitute: they have| Section 27(4)|Delete "two" and substitute: 2| Section 27(4)|Delete "a subparagraph of"| Section 28 heading|Delete "this"| Section 29(2) and (3)|Delete "his" wherever occurring and substitute in each case: their| Section 29(4)|Delete "he has" and substitute: they have| Section 29(4)|Delete "shall" and substitute: may| Section 29(5)|Delete "two" and substitute: 2| Section 29(5)|Delete "a subparagraph of"| Section 30(2)(a) and (3)(a)|Delete "his" wherever occurring and substitute in each case: their| Section 30(3)|Delete "hereby"| Section 31(1)|Delete "shall not" and substitute: may only| Section 31(1)|Delete "unless" and substitute: if| Section 31(3)|Delete "his" and substitute: their| Section 31(5)|Delete "shall" and substitute: must| Section 32 heading|Delete "this"| Section 33(5)|Delete "shall be deemed" and substitute: will be taken| Section 33(6)|Delete "shall" and substitute: must| Section 34 heading|Delete "the"| Section 35(1)|Delete "himself" and substitute: themself| Section 35(1)|Delete "his" wherever occurring and substitute in each case: their| Section 35(6)|Delete "he" and substitute: the Minister| Section 35(7)|Delete "shall" and substitute: must| Section 36(2)|Delete "shall" and substitute: will| Section 36(2)|Delete "he" wherever occurring and substitute in each case: they| Section 37(2)|Delete "(1)(a) and (1)(b)" and substitute: (1)(a) and (b)| Section 38(1)|Delete "shall" and substitute: must| Section 38(2)(a)|Delete "he is" and substitute: they are| Section 39(2)(b)|Delete "bona fide" and substitute: genuine| Section 40|Delete the section| Section 41(2)(a)|After "Act;" insert: and| Section 41(2)(ab)|After "obtained;" insert: and|