Commonwealth Consolidated Acts

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

Scope

  (1)   This section applies if:

  (a)   an organ or tissue donation and transplantation has occurred; and

  (b)   the organ or tissue donor or recipient has died.

Publication, dissemination or disclosure by a DonateLife Agency or grant recipient

  (2)   Either of the following:

  (a)   a DonateLife Agency;

  (b)   a person who is a party to an agreement that:

  (i)   is in force; and

  (ii)   provides for the making of one or more grants under paragraph   11(1)(g) to the person;

may publish, disseminate or disclose information that is likely to enable the identification of the deceased organ or tissue donor or the deceased organ or tissue recipient (as the case requires) if:

  (c)   the publication, dissemination or disclosure is for the purposes of any of the following activities:

  (i)   an educational activity that is relevant to an organ or tissue donation and transplantation matter;

  (ii)   a commemorative activity that is an organ or tissue donation and transplantation matter;

  (iii)   a promotional activity that is relevant to an organ or tissue donation and transplantation matter;

  (iv)   a community awareness activity that is relevant to an organ or tissue donation and transplantation matter; and

  (d)   the publication, dissemination or disclosure is made with the consent of an authorised family member of the deceased organ or tissue donor or recipient; and

  (e)   the publication, dissemination or disclosure is made:

  (i)   using a service to which paragraph   51(v) of the Constitution applies; or

  (ii)   using an electronic service (within the meaning of the Online Safety Act 2021 ); or

  (iii)   in a Territory; or

  (iv)   in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970 ); or

  (v)   by a constitutional corporation.

Publication, dissemination or disclosure by an authorised family member

  (3)   An authorised family member of the deceased organ or tissue donor or recipient may publish, disseminate or disclose information that is likely to enable the identification of the deceased organ or tissue donor or the deceased organ or tissue recipient (as the case requires) if:

  (a)   the publication, dissemination or disclosure is for the purposes of any of the following activities of the Authority or a DonateLife Agency:

  (i)   an educational activity that is relevant to an organ or tissue donation and transplantation matter;

  (ii)   a commemorative activity that is an organ or tissue donation and transplantation matter;

  (iii)   a promotional activity that is relevant to an organ or tissue donation and transplantation matter;

  (iv)   a community awareness activity that is relevant to an organ or tissue donation and transplantation matter; and

  (b)   the publication, dissemination or disclosure is made:

  (i)   using a service to which paragraph   51(v) of the Constitution applies; or

  (ii)   using an electronic service (within the meaning of the Online Safety Act 2021 ); or

  (iii)   in a Territory; or

  (iv)   in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970 ).

  (4)   Subsections   (2) and (3) have effect despite anything in a law of a State or Territory.

Secondary publication, dissemination or disclosure

  (5)   If information has been the subject of a publication, dissemination or disclosure under subsection   (2) or (3), a person may publish, disseminate or disclose that information if:

  (a)   the publication, dissemination or disclosure is for the purposes of reporting on any of the following activities:

  (i)   an educational activity that is relevant to an organ or tissue donation and transplantation matter;

  (ii)   a commemorative activity that is an organ or tissue donation and transplantation matter;

  (iii)   a promotional activity that is relevant to an organ or tissue donation and transplantation matter;

  (iv)   a community awareness activity that is relevant to an organ or tissue donation and transplantation matter; and

  (b)   the publication, dissemination or disclosure is made:

  (i)   using a service to which paragraph   51(v) of the Constitution applies; or

  (ii)   using an electronic service (within the meaning of the Online Safety Act 2021 ); or

  (iii)   in a Territory; or

  (iv)   in a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970 ).

  (6)   Subsection   (5) has effect despite anything in a law of a State or Territory.