Queensland Consolidated Acts

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TRANSPLANTATION AND ANATOMY ACT 1979 - SECT 21

21 Revocation of consent

(1) A person who gives a consent or agrees with anything consented to for the purposes of this part may at any time thereafter revoke that consent or agreement by indicating, either orally or in writing--

(a) where the donor, in relation to that consent or agreement, is a patient in a hospital--
(i) to a designated officer for that hospital; or
(ii) to a medical practitioner who is attending the donor in a professional capacity; or
(iii) to a nurse or any other person employed at that hospital; and
(b) where the donor is not a patient in a hospital--to a medical practitioner who is attending the donor in a professional capacity;

that the consent or agreement is revoked.

(2) Where--

(a) the donor is a patient in a hospital; and
(b) the person who gave the consent or agreement for the purposes of this part indicates to a person referred to in subsection (1)(a)(ii) or (iii) that the consent or agreement is revoked;

that person shall inform a designated officer for that hospital forthwith of the revocation of the consent or agreement.

(3) Where a person revokes his or her consent or agreement in accordance with subsection (1)--

(a) if the donor is a patient in a hospital at the time of the revocation--the designated officer for that hospital to whom the revocation is communicated in accordance with subsection (1) or (2); or
(b) if the donor is not a patient in a hospital at that time--the medical practitioner to whom the revocation is communicated;

shall, if it appears to him or her, after making such inquiries (if any) as are reasonable in the circumstances, that a medical practitioner is proposing to rely on the consent and agreement in connection with the removal of tissue from the body of the donor, inform that medical practitioner forthwith that the consent or agreement has been revoked.

(4) Where a consent or agreement is revoked, a person who has in his or her possession the instrument of consent or the instrument of agreement (if any) shall, upon being informed by a designated officer for a hospital or by the medical practitioner to whom the revocation is communicated that the consent or agreement has been revoked, surrender--

(a) that instrument; and
(b) if a certificate given in accordance with section 12, 12C, 12D or 12E is in his or her possession--that certificate;

to the person who gave the consent or agreement.



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