Human Tissue Act 1985

Subject to this section, a person to whom this section applies shall not disclose or give to any other person any information or document whereby 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, medical or scientific purposes; with respect to whom or with respect to whose body a consent, other than a consent under section 18, 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. Fine not exceeding 5 penalty units or imprisonment for a term not exceeding 3 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 whereby the identity of a child from whose body blood has been removed for a purpose referred to in section 18 may become publicly known. Fine not exceeding 5 penalty units or imprisonment for a term not exceeding 3 months, or both.

This section applies – where a consent has been given in accordance with this Act – to a medical practitioner who gave a certificate in relation to the consent; where an authority has been given in accordance with this Act by a designated officer for a hospital – to the designated officer; where tissue has been removed from the body of a person or a deceased person – to the medical practitioner 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; where tissue has been transplanted into the body of a person – to the medical practitioner 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 where it is proposed that tissue will be transplanted into the body of a person – to the medical practitioner 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 – in pursuance of an order of a court or when otherwise required by law; for the purposes of hospital administration or bona fide medical research; with the consent of the person to whom the information relates, or, if that person is deceased, the consent of that person's next of kin; or when the circumstances in which the disclosure is made are such that the disclosure is or would be privileged.