Queensland Consolidated Acts

TRANSPLANTATION AND ANATOMY ACT 1979 - SECT 12D

12D Certifications where child is not capable of understanding by reason of age

(1) Where a child referred to in section 12B , by reason of his or her age, is not capable of understanding the nature and effect of the removal of the tissue and the nature of the transplantation, each of 3 medical practitioners may, by writing signed in the presence of a designated officer, certify that, at the time of certification—

(a) the child, by reason of his or her age, was not capable of understanding the nature and effect of the removal and the nature of the transplantation; and

(b) the brother, sister or parent of the child, in the medical practitioner’s opinion, is likely to die unless the tissue specified in the consent is transplanted to the body of that brother, sister or, as the case may be, parent; and

(c) the risk to the child, in the medical practitioner’s opinion, is minimal.

(2) However, 1 of the 3 medical practitioners shall be a specialist paediatrician and another shall be a specialist anaesthetist.

(3) In this section—

"specialist anaesthetist" means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession as a specialist registrant in the specialty of anaesthesia, other than as a student.

"specialist paediatrician" means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession as a specialist registrant in the specialty of paediatrics and child health, other than as a student.