Subpart 3—Who is entitled to give informed consent

Tissue that is, or is collected from, bodies

31 Who is entitled to give informed consent to collection or use for general purposes

(1)

This section applies to informed consent to collection or use, for any purpose that is not anatomical examination, public display, or both, of human tissue that is, or is collected from, a body.

(2)

Informed consent to which this section applies may only be given by the following people in the following circumstances:

(a)

the individual whose body is the tissue, or from whose body the tissue concerned is collected, and before his or her death:

(b)

that individual’s nominee or nominees, on behalf of that individual and after his or her death, if—

(i)

no consent has been given under paragraph (a); and

(ii)

no informed objection has been raised by that individual:

(c)

a member of that individual’s immediate family and on its behalf after that individual’s death, if—

(i)

no consent has been given under paragraph (b); and

(ii)

no informed objection has been raised by that individual’s nominee or nominees:

(d)

a close available relative of that individual after his or her death, if—

(i)

no consent has been given under paragraph (c); and

(ii)

no informed objection has been raised on behalf of that individual’s immediate family.

Compare: Human Tissue Act 1983 s 23 (NSW); Human Tissue Act 2004 ss 2, 3, 54(9) (UK); Transplantation and Anatomy Act 1978 ss 27, 28 (ACT)