Transplantation and Anatomy Amendment Bill 2016
Wednesday 24 February 2016 @ 11.06 a.m. | Legal Research
The Australian Capital Territory’s Parliament has introduced the Transplantation and Anatomy Amendment Bill 2016 into its Legislative Assembly. The bill would amend the Transplantation and Anatomy Act 1978 to allow the removal of whole organs for the purpose of tissue transplantation and to allow, prior to the death of an intended organ donor, for a Coroner to direct that a coroner’s consent is not required to release a body for the purpose of tissue donation.
Background
The principal act was amended in 2012 to allow suitably trained officers (other than certified medical practitioners) to retrieve musculoskeletal, cardiovascular, eye and skin tissue from donors as a measure to improve the efficiency of organ and tissue donation services. However, these officers were prohibited from harvesting whole organs as this was a complex procedure as the removal of the organ is critical to the transplant outcome.
The Bill
It is not stated in the 2012 amendment that suitably trained officers, who are not doctors, can remove whole organs where only parts of the organs, such as heart valves, are to be used. As a result, this has led to a reading of the Act that is inconsistent with the purpose of the 2012 amendments. Section 31 of the Act is currently read to prohibit officers from removing whole organs under any circumstances. However, the original intent of the 2012 amendment was to allow officers to remove all relevant musculoskeletal, cardiovascular, eye and skin tissue for the purpose of transplantation. The current bill will amend the Act to endorse this interpretation.
Further to this, the bill will remove the current restraint on a coroner which permits him/her to provide consent for donation of organs after the intended donor as died. As Minister, Meegan Fitzharris, said in her second reading speech:
“The object of the amendment to section 29(4) of the act is to enable a coroner to advise before the person dies that the coroner’s consent is not required after the death for organ donation.”
The bill, once passed, will improve the efficiency, effectiveness, and timely delivery and quality of services in the organ and tissue donation sector in the ACT.
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Sources:
Transplantation and Anatomy Amendment Bill 2016, bill, second reading speech and explanatory memorandum as published on LawOne
