New South Wales Consolidated Acts

HUMAN TISSUE ACT 1983

- As at 25 March 2024 
- Act 164 of 1983 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      (Repealed)
   4.      Definitions
   4A.     Notes
   5.      Designated officers and designated specialists
   5A.     Delegation of functions of next of kin
   5B.     Delegation of functions of principal care officer

   PART 2 - DONATIONS OF TISSUE BY LIVING PERSONS

           Division 1 - Exclusion of certain tissue

   6.      Definition

           Division 2 - Donations by adults

   7.      Consents to removal of regenerative tissue from adults
   8.      Consents to removal of non-regenerative tissue from adults
   9.      Medical practitioners' certificates

           Division 3 - Donations by children

   10.     Consents to removal of regenerative tissue from children
   11.     Medical practitioners' certificates
   11A.    Medical practitioners' certificate--child not capable of understanding

           Division 4 - Effect of consent

   12.     Effect of consent under section 7
   13.     Effect of consent under section 8
   14.     Effect of consent under section 10
   15.     Written consent not to be sufficient authority in certain circumstances

           Division 5 - Revocation of consent or agreement

   16.     Revocation of consent
   17.     Child no longer in agreement with removal or transplantation

   PART 3 - BLOOD DONATIONS

           Division 1 - Preliminary

   18.     Objects of Part
   18A.    Application of Part

           Division 2 - Consent to removal of blood

   19.     Consent to removal of blood from persons 16 years and over
   20.     Consent to removal of blood from persons under 16 years
   20A.    Consent to removal of blood from child if child unable to agree
   20B.    Effect of consent under Division

           Division 3 - Special provisions concerning donors

   20C.    Application of Division
   20D.    Certificates by donors
   20E.    False or misleading statements
   20F.    Restrictions as to legal proceedings involving infection by a prescribed contaminant involving blood
   20G.    (Repealed)
   20H.    Records

   PART 3A - REGULATION OF BUSINESSES SUPPLYING BLOOD AND BLOOD PRODUCTS

   21.     Unauthorised persons prohibited from carrying on a business of supplying blood or blood products
   21A.    Presumptions in certain legal proceedings
   21B.    Offences by corporations
   21C.    Injunctions
           21D-21E. (Repealed)

   PART 3B - (Repealed)
   None

   PART 3C - USE OF TISSUE REMOVED DURING MEDICAL, DENTAL OR SURGICAL TREATMENT

   21W.    Application
   21X.    Authority to use tissue removed from adult
   21Y.    Authority to use tissue removed from child
   21Z.    Authority to use tissue removed from person under guardianship
   21ZA.   Authority to use tissue removed from deceased person
   21ZB.   Effect of authority under this Part

   PART 4 - REMOVAL OF TISSUE AFTER DEATH

   22.     (Repealed)
   23.     Authority to remove tissue where body of deceased at a hospital
   23A.    Authority to remove tissue where body of deceased child in care of State at a hospital
   24.     Authority to remove tissue where body of deceased not at a hospital
   24A.    Authority to remove tissue where body of deceased child in care of State not at a hospital
   24B.    Consent and authorisation of principal care officer
   25.     Consent by coroner
   26.     Certificates required in certain situations
   27.     Effect of authority under this Part
   27A.    Guidelines for removal of tissue after death

   PART 5 - POST-MORTEM EXAMINATIONS

           Division 1 - Authority to conduct post-mortem examinations

   28.     Authority for post-mortem examination where body of deceased at a hospital
   29.     Authority for post-mortem examination where body of deceased not at a hospital
   30.     Consent by coroner
   31.     Effect of authority under this Division

           Division 2 - Use of tissue removed for post-mortem examination for other purposes

   31A.    Authority to use tissue removed for post-mortem examination for other purposes
   31B.    Consent by coroner
   31C.    Effect of authority under this Division

           Division 3 - General

   31D.    General

   PART 6 - PROHIBITION OF TRADING IN TISSUE

   32.     Trading in tissue prohibited

   PART 7 - DEFINITION OF DEATH

   33.     When death occurs

   PART 7A - ENFORCEMENT

   33A.    Appointment of inspectors
   33B.    Powers of inspectors
   33C.    Provisions relating to exercise of powers
   33D.    Requirement to provide information and records
   33E.    Power of inspectors to require answers
   33F.    Power to demand name and address
   33G.    Search warrants
   33H.    Offences
   33I.    Disallowance of seizure
   33J.    Disposal of seized items

   PART 8 - MISCELLANEOUS

   34.     Act does not prevent specified removals of tissue
   34A.    Authority not to be given in respect of child in care of the State
   35.     Exclusion of liability of persons acting in pursuance of consent or authority
   36.     Offences
   37.     Disclosure of information
   37A.    Recovery of costs incurred by the State in connection with the supply of blood and blood products to approved health providers
   38.     Proceedings for offences
   39.     Regulations
   40.     Savings, transitional and other provisions
           SCHEDULE 1