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s 25

Child no longer in agreement with removal and transplantation

In force
Part 2Donations of tissue by living persons
Division 2.6Revocation of consent or agreement

25 Child no longer in agreement with removal and transplantation

(1)

If a doctor has given a certificate in accordance with section 13 (2) or 14 (3) 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; or

(ii)

a doctor who is attending the child in a professional capacity; or

(iii)

a nurse or enrolled nurse employed at that hospital; and

(b)

if the child is not a patient in a hospital—a doctor who is attending the child in a professional capacity;

that he or she is no longer in agreement with the proposed removal and transplantation of tissue, subsections (2) to (4) have effect.

(2)

If—

(a)

the child is a patient in a hospital; and

(b)

the person whom he or she so informs is a person referred to in subsection (1) (a) (ii) or (iii);

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, if the child is not a patient in a hospital, the doctor who is attending the child in a professional capacity shall, if it appears to him or her, after making the inquiries (if any) that are reasonable in the circumstances, that a doctor is proposing to remove the tissue from the body of the child, inform that doctor 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 or she has in his or her 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 subsection 13 (2) or 14 (3) is in his or her possession—that certificate;

to the person who gave the consent.

Part 3 Donations of tissue after death

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