NSW Authorisation for Ante-Mortem Procedures to Preserve Tissue for Transplantation

Human Tissue Amendment (Ante-mortem Interventions) Bill 2023

Independent Bill

Legislative Assembly

Legislative Council

Assent

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Introduced by: The Hon Courtney Houssos MLC (ALP); Greg Piper MP (IND)

Effects of this bill

If this bill passes, it means that:

Hospital staff members appointed to this role can authorise medical procedures before death to keep tissue viable for transplant.
The potential donor must provide consent; otherwise, a senior available next of kin can consent if the donor lacks capacity.
These appointed hospital officers can authorise the procedure without next-of-kin consent if they find written evidence the donor wanted the tissue removed.
An appointed hospital officer cannot authorise the procedure unless a specialist certifies that death is expected; the procedure must not hasten death or cause more than minimal harm.
The law establishes a hierarchy for next of kin; for adults, this starts with a spouse, then adult children, parents, and adult siblings.
This authority overrides the Guardianship Act 1987; it does not apply if a legal guardian has consented to treatment that is incompatible with the procedure.

The Debate

What different members said when this bill was debated:

The Hon. BRONNIE TAYLOR

“I lead for the Opposition in the second reading debate on the Human Tissue Amendment (Ante-mortem Interventions) Bill 2023. The Opposition supports the bill as amended in the other place. As Minister Houssos said, one organ donor has the potential to save the lives of seven people. That is pretty incredible.”

Official source →

Amanda Cohn GRN

“As the Greens spokesperson for health, I indicate that The Greens support the Human Tissue Amendment (Ante-mortem Interventions) Bill 2023. I acknowledge the member for Lake Macquarie for his work to introduce the bill. Organ donation is a precious gift. It is an extraordinary act of compassion for a person’s final act in life to be the gift of life or better health to a stranger.”

Official source →

Stephen Lawrence ALP

“I voice my support for the Human Tissue Amendment (Ante-mortem Interventions) Bill 2023, introduced by the member for Lake Macquarie in the other place. The bill encapsulates the importance of organ donation in our community and builds on current clinical best practice to increase the rates of organ and tissue donation.”

Official source →

Jeremy Buckingham LCP

“I make a contribution to debate in support of the Human Tissue Amendment (Ante-mortem Interventions) Bill 2023. I begin by commending the Speaker in the other place, the Hon. Greg Piper, and his staffer Roisin for their work to bring the bill to the attention of the House and for leading the campaign, which will ultimately be successful.”

Official source →

Damien Tudehope LIB

“Organ donation after death is a noble act of solidarity. The Human Tissue Amendment (Ante-mortem Interventions) Bill 2023 addresses the ancillary issue of procedures carried out before the death of a person that are directed not to the dying person’s own comfort or benefit but to facilitating the process of organ retrieval and subsequent transplant.”

Official source →

Courtney Houssos ALP

“I thank the Hon. Bronnie Taylor, Dr Amanda Cohn, the Hon. Stephen Lawrence, the Hon. Jeremy Buckingham and the Hon. Damien Tudehope. The bill will enable ante-mortem procedures to be used to maintain or improve the viability of organ and tissue for the purposes of donation where a potential donor lacks capacity.”

Official source →

News articles and press releases

Human Tissue Amendment (Ante-mortem Interventions) Bill 2023

Mr GREG PIPER, Member for Lake Macquarie — 2023-11-23

The bill amends the Human Tissue Act 1983, and subsequently the organ and tissue process in New South Wales, to include a process for the authorisation of ante-mortem interventions prior to a potential tissue donor’s passing. Ante-mortem interventions are procedures carried out before a potential tissue donor dies that do not have a medical benefit to that person but can determine, maintain or improve the viability of organs or tissue to be donated, thereby allowing for better outcomes for organ donation recipients. Such interventions can include the administration of medications, the undertaking of blood tests or the undertaking of medical imaging.