Transplantation and Anatomy Act 1978

Subject to this section, a person to whom this section applies shall not disclose or give to any other person any information or document by which the identity of a person or a deceased person—

from whose body tissue other than blood has been removed for the purpose of transplantation or for the purpose of the use of the tissue for other therapeutic purposes or for medical or scientific purposes; or

in relation to whom or in relation to whose body a consent, other than a consent under section 20, or authority has been given under this Act; or

into whose body tissue other than blood has been, is being, or may be, transplanted;

may become publicly known.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Subject to this section, a person to whom this section applies shall not disclose or give to any other person any information or document by which the identity of a child from whose body blood has been removed for a purpose referred to in section 20 may become publicly known.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

This section applies—

if a consent has been given in accordance with this Act—to a doctor who gave a certificate in relation to the consent; and

if an authority has been given in accordance with this Act by a designated officer for a hospital—to the designated officer; and

if tissue has been removed from the body of a person or a deceased person—the doctor or the person authorised by the chief health officer under section 31 (3) who removed the tissue and, if the tissue was removed at a hospital, each person who was employed at the hospital at the time of the removal of the tissue or has since been employed at the hospital; and

if tissue has been transplanted into the body of a person—to the doctor who performed the transplantation and, if the tissue was transplanted at a hospital, each person who was employed at the hospital at the time of the transplantation or has since been employed at the hospital; and

if it is proposed that tissue will be transplanted into the body of a person—to the doctor who is to perform the transplantation and, if the tissue is to be transplanted at a hospital, each person who is employed at the hospital or who becomes so employed.

Subsections (1) and (2) do not apply to or in relation to information disclosed—

under an order of a court or when otherwise required by law; or

to a next of kin of a deceased person for the purposes of the Births, Deaths and Marriages Registration Act 1997, section 38A (3); or

for the purposes of hospital administration or genuine medical research; or

with the consent of—

the person to whom the information relates (the relevant person); or

if the relevant person is a child or young person—a person with parental responsibility for the relevant person; or

if the relevant person is a legally incompetent person—a guardian of, or power of attorney for, the relevant person; or

if the relevant person is a deceased person to whom subsection (1) (a) applies—the relevant person’s next of kin or legal personal representative; or

when the circumstances in which the disclosure is made are such that the disclosure is or would be privileged.

For subsection (4) (d), the definition of next of kin in the dictionary does not apply.

In this section:

legally incompetent person means a person who is subject to—

an enduring power of attorney that has become operative; or a guardianship order.

person with parental responsibility, for a child or young person, means a parent or someone else with parental responsibility for the child or young person under the Children and Young People Act 2008, division 1.3.2.