Victorian Current Acts

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HUMAN TISSUE ACT 1982 - SECT 15

Removal of regenerative tissue from body of child

    (1)     A parent of a child may give his consent in writing to the removal from the body of the child of specified regenerative tissue for the purpose of the transplantation of the tissue to the body of a brother, a sister or a parent of the child.

S. 15(2) amended by No. 23/1994 s. 118(Sch.  1 item 27.7).

    (2)     A registered medical practitioner may certify in writing—

        (a)     that the consent in writing of a parent of a child was given in his presence; and

        (b)     that he explained to the parent before the consent was given the nature and effect of the removal from the body of that child of the tissue specified in the consent and the nature of the transplantation of that tissue

and—

        (c)     that—

              (i)     he is satisfied that, at the time consent was given, the child was capable of understanding the nature and effect of the removal of the tissue and the nature of the transplantation;

              (ii)     he explained those matters to the child;

              (iii)     the child understood those matters; and

              (iv)     the child was in agreement with the proposed removal and transplantation of tissue; or

        (d)     where the consent relates to the removal of specified regenerative tissue for the purpose of transplantation of the tissue to the body of a brother or sister of the child—that he is satisfied—

              (i)     that the brother or sister is likely to die unless the tissue is transplanted to the body of that brother or sister; and

              (ii)     that, at the time the consent was given, the child, by reason of his age, was not capable of understanding the nature and effect of the removal of the tissue and the nature of the transplantation.

S. 16 amended by No. 23/1994 s. 118(Sch.  1 item 27.8).



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