Parliamentary Committees

Joint Committee on the Operation of the Transplantation and Anatomy Act 1983

Adjourned debated on motion of the Hon. T.A. Franks:

That the report of the committee be noted.

(Continued from 2 December 2015.)

The Hon. J.S.L. DAWKINS (20:48): I rise to speak on the report of the Joint Committee on the Operation of the Transplantation and Anatomy Act 1983, of which I was a member. I understand from the Hon. Kelly Vincent's office that she is not going to speak and is happy for us to put it through.

The Hon. K.L. Vincent interjecting:

The Hon. J.S.L. DAWKINS: Thank you. The committee was established pursuant to a motion in this place on 25 March this year, followed by the concurrence of the other place on 6 May. The purpose of the committee was to inquire into and report on the operation of the Transplantation and Anatomy Act 1983, and whether or not it should be amended to combat potential human organ trafficking, and for other related purposes.

It is important to note that the act is now over three decades old, and the committee was a prime opportunity to consider whether it required updating to reflect the medical advances and social changes that we have seen in that time, such as family composition, media and the increased demand for organ transplants that have occurred, as I say, over that significant period of time.

The committee received evidence from a range of sources, including witnesses and written submissions, and generally a level of satisfaction with the current act was expressed. However, there were three particular areas of concern highlighted and these were, as quoted in the report of the committee:

1. The current requirement for Designated Officers to be medical practitioners has been identified as 'a challenge' in terms of timely completion of the donation process;

2. The requirement for Ministerial permission for participation in the Australian Paired Kidney Exchange Program (AKX); and

3. The dichotomy between the provisions for consent for donation under the Act and the provisions for 'protected persons' under the Guardianship and Administration Act, 1993.

What became evident to the committee from the submissions from numerous stakeholders was the increasing problem around the globe of harvesting and transplant tourism. I am pleased to say that, while there is not currently any evidence of this within South Australia, the establishment of the committee provided an opportunity to update and futureproof the act so it may become a future deterrent to such activities in the state and demonstrate South Australia's solidarity with countries where this type of human rights abuse is currently occurring.

The committee looked extensively at the background of the state act and other related legislation as well as paying considerable attention to interstate, commonwealth and international approaches to the issue. This enabled us to make a number of recommendations for changes to the act relating to procedural considerations, patient considerations and ethical matters. Given the comprehensive work we had done during the life of the committee, it was also possible to make a number of recommendations in the areas of other state and commonwealth legislation in health service administration that, while outside the remit of the Transplantation and Anatomy Act 1983, had sufficient relation to its functions.

The establishment of this committee was particularly appropriate in 2015 as we celebrate 50 years of successful kidney transplantations in South Australia. Our state has also had the highest per capita organ donation rate amongst all states in Australia. What was clear during the evidence received by the committee was that South Australia has a proud tradition of facilitating best practice in transplant processes in Australia and around the globe.

The report of the committee made 19 recommendations. I will not dwell on all of those. Obviously, members can read the report at their leisure; however, in summary, some of these recommendations were procedural in nature, which reflect the requirement to update the act to fit modern definitions and practices in the present day, and others were ethical. It was the six ethical recommendations by the committee that I think are issues most in need of review by this parliament, and I encourage the minister to seriously consider these and other medical considerations in updating this act.

It would be remiss of me not to take this opportunity to encourage our federal colleagues to take heed of a number of recommendations of this report and to formulate a national coordinated approach to organ harvesting and trafficking. While these considerations are outside the jurisdiction of this parliament, I believe it is important that all Australians and the medical community come together to ensure our country does not become involved in this detestable international trade.

I would like to take the opportunity to thank the other members of the committee for their efforts in putting together this report: the Chair of the committee, the Parliamentary Secretary to the Minister for Mental Health and Substance Abuse, the member for Taylor in another place, Ms Leesa Vlahos; the member for Elder in the other place, Ms Annabel Digance; and my Liberal colleague, Mr Sam Duluk the member for Davenport, who was serving on his first parliamentary committee.

I must make sure that the Hon. Rob Lucas is aware that Mr Duluk enjoyed working on a joint committee. The Hon. Mr Lucas is not a great fan of joint committees, but I think it certainly demonstrated the different roles that the two houses can play in providing members of those committees. Also, of course, my colleagues in this place, the Hon. Kelly Vincent and the Hon. Tammy Franks.

It was a very good committee. It reported in a relatively short space of time. I think perhaps some of the evils that some had expected to find do not exist at the moment but, as I said earlier, I think it is an appropriate time for us to update an act that is over 30 years old. I commend the work of all of those on the committee and, too, the various staff that we had. We had two different executive officers due to maternity leave, but to all of those staff of the House of Assembly who serviced the committee, I pass on my thanks. I commend the report to the council.

Motion carried.