South Australian Consolidated Acts

TRANSPLANTATION AND ANATOMY ACT 1983 - SECT 5

5—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"child" means a person who—

            (a)         has not attained the age of eighteen years; and

            (b)         is not married;

"designated officer", in relation to a hospital, means a person appointed under section 6 to be a designated officer for that hospital;

"domestic partner" means a person who is a domestic partner within the meaning of the Family Relationships Act 1975 , whether declared as such under that Act or not;

"medical practitioner" means a legally qualified medical practitioner;

"next of kin" means—

            (a)         in relation to a child—a person referred to in paragraph (a)(i), (a)(ii) or (a)(iii) of the definition of "senior available next of kin ; and

            (b)         in relation to any other person—a person referred to in paragraph (b)(i), (b)(ii), (b)(iii) or (b)(iv) of that definition;

"non-regenerative tissue" means tissue other than regenerative tissue;

"parent" of a child includes a guardian of the child;

"regenerative tissue" means tissue that, after injury or removal, is replaced in the body of a living person by natural processes;

"senior available next of kin" means—

            (a)         in relation to a child, the first in order of priority of the following persons who is available at the time:

                  (i)         a parent of the child;

                  (ii)         a brother or sister, who has attained the age of eighteen years, of the child;

                  (iii)         a guardian of the child; and

            (b)         in relation to any other person, the first in order of priority of the following persons who is available at the time:

                  (i)         the spouse or domestic partner of the person;

                  (ii)         a son or daughter, who has attained the age of eighteen years, of the person;

                  (iii)         a parent of the person;

                  (iv)         a brother or sister, who has attained the age of eighteen years, of the person;

"spouse"—a person is the spouse of another if they are legally married;

"tissue" includes an organ, or part, of a human body or a substance extracted from, or from a part of, the human body.

        (2)         A reference in this Act to the transplantation of tissue shall be read as including a reference to the transplantation of any part of the tissue and to the transplantation of a substance obtained from the tissue.