Victorian Current Acts Victorian Current Acts(1) A reference in this section, in relation to a consent given for the purposes of this Act, to the donor shall be read—
(a) in a case in which the consent is given in respect of a child—as a reference to the child; and
(b) in any other case—as a reference to the person who gave the consent.
(2) A person who gives a consent for the purposes of this Act may at any time thereafter revoke that consent by indicating, either orally or in writing—
(a) where the donor, in relation to that consent, is a patient in a hospital—
(i) to a designated officer for that hospital;
S. 18(2)(a)(ii) amended by No. 23/1994 s. 118(Sch. 1 item 27.10).
(ii) to a registered medical practitioner who is attending the donor in a professional capacity; or
S.18(2)(a)(iii) amended by No. 13/2010 s. 51(Sch. item 31.3).
(iii) to a nurse or midwife employed at that hospital; and
S. 18(2)(b) amended by No. 23/1994 s. 118(Sch. 1 item 27.10).
(b) where the donor is not a patient in a hospital—to a registered medical practitioner who is attending the donor in a professional capacity—
that the consent is revoked.
(3) Where—
(a) the donor is a patient in a hospital; and
(b) the person who gave the consent for the purposes of this Act indicates to a person referred to in subparagraph (ii) or (iii) of paragraph (a) of subsection (2) that the consent is revoked—
that person shall inform a designated officer for that hospital forthwith of the revocation of the consent.
S. 18(4) amended by No. 23/1994 s. 118(Sch. 1 item 27.10).
(4) Where a person revokes his consent in accordance with subsection (2)—
(a) if the donor is a patient in a hospital at the time of the revocation—the designated officer for the hospital to whom the revocation is communicated in accordance with subsection (2) or (3); or
S. 18(4)(b) amended by No. 23/1994 s. 118(Sch. 1 item 27.10).
(b) if the donor is not a patient in a hospital at that time—the registered medical practitioner to whom the revocation is communicated—
shall, if it appears to him, after making such inquiries (if any) as are reasonable in the circumstances, that a registered medical practitioner is proposing to rely on the consent in connexion with the removal of tissue from the body of the donor, inform that registered medical practitioner forthwith that the consent has been revoked.
S. 18(5) amended by No. 23/1994 s. 118(Sch. 1 item 27.10).
(5) Where a consent is revoked, a person who has in his possession the instrument of consent shall, upon being informed by a designated officer for a hospital or by the registered medical practitioner to whom the revocation is communicated that the consent has been revoked, surrender—
(a) that instrument; and
(b) if a certificate given in accordance with section 9 or with section 15(2) is in his possession, being a certificate relating to the consent—that certificate—
to the person who gave the consent.
(6) A designated officer to whom a person indicates that his consent is revoked under paragraph (a) of subsection (2) or who is informed under subsection (3) of the revocation of a consent shall forthwith record the fact in writing and shall retain the record for three years.
S. 18(7) amended by No. 23/1994 s. 118(Sch. 1 item 27.10).
(7) A registered medical practitioner to whom a person indicates that his consent is revoked under paragraph (b) of subsection (2) shall forthwith record the fact in writing and shall retain the record for three years.