Victorian Current Acts

HUMAN TISSUE ACT 1982 - SECT 19

    (1)     Where a medical practitioner has given a certificate in accordance with section 15(2) and the child in relation to whom the certificate has been given informs—

        (a)     if the child is a patient in a hospital—

              (i)     a designated officer for that hospital;

              (ii)     a medical practitioner who is attending the child in a professional capacity; or

S.19(1)(a)(iii) amended by No. 13/2010 s. 51(Sch. item 31.4).

              (iii)     a nurse or midwife employed at that hospital; and

        (b)     if the child is not a patient in a hospital—a medical practitioner who is attending the child in a professional capacity—

that he is no longer in agreement with the proposed removal and transplantation of tissue, the succeeding provisions of this section have effect.

    (2)     Where—

        (a)     the child is a patient in a hospital; and

        (b)     the person whom he so informs is a person referred to in subparagraph (ii) or (iii) of paragraph (a) of subsection (1)—

that person shall inform a designated officer for that hospital forthwith that the child is no longer in agreement with the proposed removal and transplantation of tissue.

    (3)     The designated officer for the hospital or, where the child is not a patient in a hospital, the medical practitioner who is attending the child in a professional capacity shall, if it appears to him, after making such inquiries (if any) as are reasonable in the circumstances, that a medical practitioner is proposing to remove the tissue from the body of the child, inform that medical practitioner forthwith that the child is no longer in agreement with the proposed removal and transplantation of tissue.

    (4)     A person who is informed that the child is no longer in agreement with the proposed removal and transplantation of tissue shall, if he has in his possession the instrument of consent that relates to the removal and transplantation of the tissue, surrender—

        (a)     that instrument; and

        (b)     if the certificate given in accordance with section 15(2) is in his possession—that certificate—

to the person who gave the consent.

    (5)     A designated officer whom a child informs that he is no longer in agreement with the proposed removal and transplantation of tissue under paragraph (a) of subsection (1) or who is informed under subsection (2) that a child is no longer in agreement with the proposed removal and transplantation shall forthwith record the fact in writing and shall retain the record for three years.

    (6)     A medical practitioner whom a child informs that he is no longer in agreement with the proposed removal and transplantation of tissue under paragraph (b) of subsection (1) shall forthwith record the fact in writing and shall retain the record for three years.

Part III—Blood donations and blood transfusions