Legislation dealing with procedures when using human tissue for research

22/6/95

Fines of up to $1,000 will be incurred for breaches of the codes of practice to be established under the Human Tissue and Transplant Amendment Bill, introduced into State Parliament today.

Health Minister Graham Kierath, whose Bill complements the Coroners Bill 1995, also introduced today by Attorney General Cheryl Edwardes, said his legislation would help resolve doubts surrounding the donation of tissue for transplants or scientific research.

"At present, there is some doubt as to the correct interpretation of some parts of the Human Tissue and Transplant Act (1982), particularly concerning consent for the use of tissue for medical research," Mr Kierath said.

"This Bill will enable the executive director, Public Health, to prepare codes of practice that will set standards to be observed in obtaining consent, whether it be from the donor before death or from the next of kin after death.

"Anyone breaching the codes will face a fine of up to $1,000 and can be reported to the relevant professional body for disciplinary action.

"The code will also provide for counselling for relatives to ensure that their concerns are not overlooked."

Mr Kierath said the coronial use of human tissue was also to be addressed.

"Where the coroner has jurisdiction in relation to a death, coronial purposes prevail, a position which is to be clarified in the Coroners Bill 1995," he said.

"Under that Bill, Section 28(3) of the present Act will be repealed.

"Separate provisions will then be made for the use of tissue that has been the subject of examination by the coroner."

The Minister said the Human Tissue and Transplant Amendment Bill would assure the public that the Government took a serious view of the practices related to obtaining human tissue.

"These amendments will ensure the provisions of the Act will be properly administered and that the wishes of donors and relatives will prevail," he said.

Media contact: Brian Coulter  222 9595 / 481 2133