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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2024-11-28 Daily Xml
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Transplantation and Anatomy (Disclosure of Information and Delegation) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 31 October 2024.)

The Hon. N.J. CENTOFANTI (Leader of the Opposition) (17:19): I rise as the lead speaker of the opposition to indicate our enthusiastic support of this piece of legislation. I would like to thank the government for bringing it to this place. This is a topic that is especially dear to me.

Since being elected to this place in 2020, I have been on a journey with organ donor families around the state and the nation to find ways to formally acknowledge this amazing gift of life, in fact so much so that I introduced a piece of legislation that passed this place earlier this year, the Births, Deaths and Marriages Registration (Tissue Donation Statements) Amendment Bill.

Since then, I have been working with the government to find a way to do just that. I believe this bill is fundamental for organ donor families, as well as recipients, to provide the comfort they need to know that they can speak freely about their loved ones and the amazing gift they have given to others, that is, the gift of life.

The Transplantation and Anatomy (Disclosure of Information Delegation) Amendment Bill 2024 is a bill that addresses critical concerns around organ and tissue donation and brings greater clarity and compassion to the legislation that governs it. This amendment to the Transplantation and Anatomy Act 1983 is both a practical and a moral step forward for South Australia.

At its heart, this bill achieves two key objectives. First, it provides families of deceased organ and tissue donors the legal clarity to share stories about their loved ones without fear of breaching confidentiality laws. Second, it modernises the existing legislation by simplifying administrative processes and enabling ministerial delegation.

The amendments focus on clarifying the disclosure of information provisions under the current act. They specify that confidentiality applies to professionals involved in transplantation, tissue removal, body donation and post-mortem examinations, and not to the next of kin or legal representatives of deceased donors and recipients, who may consent to disclosure. This adjustment ensures that families can honour the legacy of their loved ones and inspire others to consider the life-saving act of organ donation.

Organ and tissue donation is one of the most profound acts of generosity, transforming lives in miraculous ways. From kidney transplants that give new hope to patients with chronic renal failure to life-saving heart and lung transplants, the selfless decision of donors and their families is a gift beyond measure.

In South Australia, we have a proud tradition of organ and tissue donation leadership. We hold the highest rate of registered donors in the nation, with 73 per cent of South Australians opting in, a figure nearly double the national average. This achievement reflects our state's proactive policies, such as allowing driver's licences to indicate donor status. However, we can do more to foster awareness and normalise conversations around donation, and this bill is a crucial step in that direction.

I would like to acknowledge some of the key stakeholders and advocates that I have had the pleasure of working with over the years in the field of organ and tissue donation. In particular, I send a strong thank you to the team at the South Australian branch of DonateLife, the federal Organ and Tissue Authority body, which leads the campaign on researching, reporting and encouraging organ and tissue donation registration in Australia.

I would also like to thank some of the local advocates, including Heather Makris and Oren Klemich, whom it is always a pleasure to see at the annual DonateLife walk for life and also at the DonateLife annual rose planting ceremony in the memorial garden to honour the lives of donors who have contributed to the wellbeing and health of others through organ and tissue donation.

I would also like to acknowledge Donor Families Australia and their lead advocate, Bruce McDowell. Each year, they promote Donor Heroes Night, celebrating those who gave the gift of life and encouraging other Australians to talk with their families and loved ones about organ and tissue donation.

Despite our successes and positive campaigns, ambiguity in the current legislation has posed challenges for families of donors. Some have refrained from sharing their stories publicly, unsure whether doing so could constitute a breach of confidentiality laws. This uncertainty is unnecessary and counterproductive. It silences the voices of those whose stories could inspire others to register as donors.

This bill resolves those uncertainties. Allowing next of kin and legal representatives to consent to disclose information about a deceased donor ensures that families can share their loved one's contributions with dignity and with pride, whether in remembrance ceremonies, advocacy or public campaigns.

The amendments in this bill result from a robust consultation process conducted between July and August 2024. Over 85 responses were received from diverse stakeholders, including donor families, advocacy groups, transplant recipients and medical professionals. Remarkably, over 95 per cent of respondents supported the proposed changes. Their input has been invaluable in shaping legislation that balances the need for privacy with the importance of community education and awareness.

It is also important to note that similar amendments have been successfully implemented in other jurisdictions around Australia, including Victoria, New South Wales, Queensland, Tasmania and the ACT. This bill aligns South Australia's legislation with best practices nationwide and lays the groundwork for further harmonisation in ongoing national reviews of human tissue laws.

The passage of this bill has the potential to strengthen South Australia's already impressive record in organ and tissue donation. By removing barriers to open dialogue about donation, we can further foster a culture of generosity and inspire more people to consider registering as donors.

Moreover, this legislation respects the emotional journey of donors' families and transplant recipients. It ensures that their stories, often marked by profound loss and hope, can be shared without fear of legal repercussions. This is an important step in humanising the act of organ donation, reinforcing the message that it is an act of love and of community.

The Transplantation and Anatomy (Disclosure of Information and Delegation) Amendment Bill 2024 is a testament to the power of legislation to reflect and support the values of a community. It honours the selflessness of organ donors and their families whilst encouraging more South Australians to consider giving the gift of life. I commend this amendment bill to the chamber.

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (17:25): I thank all honourable members for their contribution to this important bill, and I look forward to the committee stage.

Bill read a second time.

The Hon. T.A. FRANKS (17:25): I move, contingently, on the Transplantation and Anatomy (Disclosure of Information and Delegation) Amendment Bill being read a second time:

That it be an instruction to the Committee of the Whole Council on the bill that it have power to consider a new clause relating to mandatory notification of overseas transplant.

I move this contingent notice of motion noting that, while I do not necessarily expect support for the clause, the amendment that I seek to make today in regard to the disclosure of information, in particular mandatory notifications where there has been an overseas transplant, has the intention of raising an important issue, namely, that I feel that in the future it would be a really productive conversation to continue the work of the joint parliamentary select committee of some years ago to address the issue of organ harvesting.

There have been many recommendations, both from that committee's report and at a federal level, to address this scourge, the human rights abuse of forced organ harvesting, particularly as documented in, for example, prison camps in some countries. It might seem to somebody who is desperate for an organ that to travel overseas to acquire one might be an option for them if they are on a very long waiting list or they feel that they have no other options. However, this state and this nation have said that we will not abide the human rights abuses that come from forced organ harvesting.

We are taking measures at a federal level, and I would hope at a state level, to address that really important issue. At the federal level, I note that there has been a previous debate in recent months in regard to organ transplantation being declared on custom forms; that is, should somebody have gone overseas and had an organ transplant, that they declare it on their customs declaration card. This would go some way towards ensuring, at a state level through our health system, that mandatory notification of an overseas transplant is required of an appropriate medical practitioner if they have a reasonable belief that a patient has received an organ in a country outside of Australia.

I will move the amendment when we get to that point, but I will make the case now that I do not expect anyone to necessarily support this today. But I would hope that everyone will give consideration to coming back at a future date, with a different bill perhaps, to work collaboratively and cross-party on this really important issue of human rights abuses that are obviously happening beyond our shores but for which there are things that we can do here in South Australia to address it and stop the scourge of it.

The Hon. C. BONAROS (17:29): I did not speak at the second reading, but I indicate my support for the bill and commend all honourable members for their work in this space across the political divide. In relation to the amendment itself, in principle I am not opposed to what the honourable member is proposing. However, I would prefer to come back and consider it in the future in another piece of legislation as opposed to this one. On that basis I am not opposed to the concept, but I am hoping some undertakings will be provided by both major parties, which appear to have worked collaboratively on this issue up until now to revisit this issue in the new year in an effort to address the issue that the Hon. Tammy Franks has raised on behalf of the Greens.

The Hon. N.J. CENTOFANTI (Leader of the Opposition) (17:30): I also rise to indicate that, although the opposition appreciates and definitely supports the intent behind the Hon. Tammy Franks' amendment, it is also our view that this should be part of a wider set of reforms, including on individuals themselves, who broker or advertise human organs for purchase or sale abroad, including medical or health professionals, and therefore should form part of a standalone amendment bill. While we are supportive of the intent, we are not supportive of the motion today.

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (17:31): I thank the honourable member for bringing this amendment to this chamber and putting it on the record as an issue to be looked at. Although we will not support the amendment today, we are keen to look at it. I am advised that in August this year the federal government announced the Australian government will establish an Australian Law Reform Commission inquiry into human tissue laws, and this may well be something that can be looked at for, particularly, national harmonisation. I thank the honourable member for raising this issue and for putting it on the agenda.

Motion negatived.

Committee Stage

Bill taken through committee without amendment.

Third Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (17:33): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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