Authorisation by designated officer for hospital
18 Authorisation by designated officer for hospital
(1) Subject to this Part, a designated officer for a hospital may, by signed writing, authorise the removal of tissue from the body of a deceased person at the hospital for an authorised purpose if:
the designated officer has no reason to believe the deceased:
(i) had, during his or her lifetime, expressed the wish for, or consented to, the removal of tissue from his or her body for an authorised purpose after death; or
(ii) had, during his or her lifetime, expressed an objection to the removal of tissue from his or her body for an authorised purpose after death; and
the designated officer:
(i) has no reason to believe the senior available next of kin of the deceased has an objection to the removal of tissue from the body of the deceased for an authorised purpose; or
(ii) is unable to ascertain the existence or whereabouts of any of the next of kin of the deceased; or
(iii) is unable to ascertain whether any of the next of kin of the deceased has an objection to the removal of tissue from the body of the deceased for an authorised purpose.
(2) The designated officer must not give the authorisation unless the designated officer makes the inquiries that are reasonable in the circumstances.
Maximum penalty: 100 penalty units.
(3) An offence against subsection (2) is an offence of strict liability.
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