Commonwealth Consolidated Acts

AUSTRALIAN ORGAN AND TISSUE DONATION AND TRANSPLANTATION AUTHORITY ACT 2008 - SECT 58

  (1A)   In the performance of the Authority's functions, the Authority must not publish or disseminate information that is likely to enable the identification of a particular organ or tissue donor or recipient.

  (1)   In the performance of the CEO's functions, the CEO must not publish or disseminate information that is likely to enable the identification of a particular organ or tissue donor or recipient.

  (2)   Subsections   (1A) and (1) do not apply if the publication or dissemination of the information takes place with the consent of:

  (a)   if the organ or tissue donor or recipient is aged at least 18 years--the organ or tissue donor or recipient; or

  (ab)   if the organ or tissue donor or recipient is under 16 years of age-- a parent or legal guardian of the organ or tissue donor or recipient; or

  (ac)   if the organ or tissue donor or recipient:

  (i)   is 16 or 17 years of age; and

  (ii)   has legal capacity to consent to the publication or dissemination of the information;

    the organ or tissue donor or recipient; or

  (ad)   if the organ or tissue donor or recipient:

  (i)   is 16 or 17 years of age; and

  (ii)   does not have legal capacity to consent to the publication or dissemination of the information;

    a parent or legal guardian of the organ or tissue donor or recipient; or

  (b)   if the organ or tissue donor or recipient has died but is survived by one or more authorised family members--any of those authorised family members; or

  (c)   in any other case--an individual who, under the regulations, is authorised to give consent to the publication or dissemination of the information.

  (3)   Subsection   (2) does not permit the publication or dissemination by the Authority or the CEO of information that reveals that an organ and/or tissue was:

  (a)   removed from the body of a particular organ or tissue donor; and

  (b)   transplanted to the body of a particular organ or tissue recipient.

  (4)   To avoid doubt, if the publication or dissemination by the Authority or the CEO of particular information is permitted by subsection   (2), a law of a State or Territory does not prevent the publication or dissemination by the Authority or the CEO of the information.