Transplantation and Anatomy (Disclosure of Information and Delegation) Amendment Bill

Second Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (16:40): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and explanation of clauses inserted in Hansard without my reading them.

Leave granted.

I rise today to introduce the Transplantation and Anatomy (Disclosure of Information and Delegation) Amendment Bill 2024.

The Bill will amend the South Australian Transplantation and Anatomy Act 1983 to make it easier for the families to share their stories about their deceased loved one's donation or transplant, and to make minor administrative amendments.

The Transplantation and Anatomy Act 1983 relates to the donation of human tissues including solid organs, eye and other tissues, and blood, for transplantation or other therapeutic, medical, or scientific purposes, and to body donation and post-mortem examination.

The legislation aims to protect identifying information about a donor or recipient from becoming publicly known, except with the consent of that person. The legislation does not currently allow for consent to be provided on behalf of a deceased person.

Some families of deceased donors currently consider they may be in breach of the legislation for sharing stories about their loved one's donation, particularly for the purposes of commemoration or raising awareness about organ and tissue donation.

The amendments clarify that restrictions on the disclosure of information will apply only to persons involved in an activity, function or service relating to the removal of tissues, body donation, and post-mortem examinations, and will allow for a next of kin or personal legal representative (or a parent or guardian in the case of a child) to consent to the disclosure of information on behalf of a deceased donor or recipient. It is also proposed to modernise the legislation by updating the language and providing for the delegation of Ministerial powers or duties.

Consultation on the draft Bill was undertaken over a four-week period from 25 July to 16 August 2024. Detailed information on the proposed changes and a survey inviting feedback was made publicly available on the YourSAy website and promoted on the SA Health website and through social media.

Targeted stakeholder consultation was also undertaken with local and national donation and transplant service providers, government departments and advisory groups, the Commonwealth Organ and Tissue Authority, DonateLife SA, advocacy and charity groups, and representatives of South Australian donor families.

I would like to sincerely thank the stakeholders for their contributions to the consultation process. In total 85 responses were received, with 82 survey responses and 3 written submissions from both local and national respondents.

Overall, there was strong support for families of deceased persons who were a donor or transplant recipient being able to share stories about their loved one. Over 95% of survey respondents supported the proposed changes.

The South Australian legislation forms part of a nationwide set of human tissue laws. Some jurisdictions have undergone similar legislative amendments to provide legal clarity to families who wish to share stories about their deceased loved one's donation or transplant. Nationally, health professionals and governments maintain confidentiality and protect the identity of organ and tissue donors and recipients. These arrangements are not changed by the Bill.

I would like to thank the Department for Health and Wellbeing Public Health Division and the Department's Blood, Organ, and Tissue Program staff for their work in developing the Bill and undertaking extensive consultation with stakeholders and the community.

The Transplantation and Anatomy (Disclosure of Information and Delegation) Amendment Bill will ensure greater legal clarity for donor families acknowledging their loved ones publicly, and in-person at events for the purposes of remembrance, commemoration, or raising awareness about organ and tissue donation.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Transplantation and Anatomy Act 1983

3—Amendment of section 39—Disclosure of information

Currently, section 39 of the principal Act provides that a person must not disclose information or a document about a person in respect of whom certain activities or functions under the Act have been undertaken if the identity of the person may become publicly known as a result of the disclosure (other than in specified circumstances). This clause restricts the operation of section 39 to disclosure by specified persons, being those who have knowledge of, or access to, that information or document only by reason of their work in undertaking an activity or function, or performing a service, under the Act (but not those who undertake a function under the Act by reason of being the next of kin of the person to whom the disclosure relates) or—

through working for or with such a person at the time of the activity, function or service, or later; or

being an entity (that is a legal person) that engages such a person to work at, or on behalf of, the entity; or

through working at or for an entity that engages such a person to work at, or on behalf of, the entity at the time of the activity, function or service, or later.

This clause also clarifies that the restriction on disclosing information and documents applies in respect of information or documents that may result in the identity of a person who is deceased becoming publicly known.

It also amends section 39 to allow a child's parent to consent to the disclosure of information or documents related to the child. In the case of a deceased person, the deceased person's next of kin or legal personal representative can provide consent for the disclosure of such information or documents.

4—Insertion of section 40A

This clause inserts a new section.

40A—Delegation

Proposed section 40A is a standard power of delegation for the Minister.

Schedule 1—Statute law revision amendment of Transplantation and Anatomy Act 1983

The Schedule makes various amendments of a statute law revision nature to the principal Act.

Debate adjourned on motion of Hon. L.A. Henderson.