Western Australian Consolidated Acts

HUMAN TISSUE AND TRANSPLANT ACT 1982 - SECT 3

3 .         Interpretation

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

        blood includes — 

            (a)         any substance derived from blood; and

            (b)         any organ or tissue, including bone marrow and the placenta, of a kind that is suitable as a source from which to derive a constituent of blood for therapeutic use or for the preparation of a substance for therapeutic use;

        child means a person who has not attained the age of 18 years;

        coroner has the same meaning as in the Coroners Act 1996 ;

        designated officer in relation to a hospital, means the person who is the designated officer for that hospital in accordance with section 4;

        Division means Division of the Part of this Act in which the term is used;

        Executive Director means the Executive Director, Public Health and Scientific Support Services of the department of the Public Service of the State principally assisting the Minister in the administration of this Act;

        medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;

        next of kin  — 

            (a)         in relation to a child, means a person referred to in paragraph (a)(i), (ia), (ii), (iii) or (iv) of the definition of “senior available next of kin”; and

            (b)         in relation to a person other than a child, means a person referred to in paragraph (b)(i), (ia), (ii), (iii), or (iv) of the definition of “senior available next of kin”;

        non-regenerative tissue means tissue other than regenerative tissue;

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

        reportable death means a reportable death within the meaning of the Coroners Act 1996 ;

        section means section of this Act;

        senior available next of kin  — 

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

                  (i)         if the child has both a spouse, and a de facto partner who has attained the age of 18 years, the spouse or de facto partner with whom the child is living as a spouse or de facto partner;

            (ia)         the spouse, or de facto partner who has attained the age of 18 years, of the child;

                  (ii)         a parent of the child;

                  (iii)         a brother or sister, who has attained the age of 18 years, of the child;

                  (iv)         a guardian of the child;

                and

            (b)         in relation to a person other than a child, means the first in order of priority of the following persons who is available at the time — 

                  (i)         if the person has both a spouse, and a de facto partner who has attained the age of 18 years, the spouse or de facto partner with whom the person is living as a spouse or de facto partner;

            (ia)         the spouse, or de facto partner who has attained the age of 18 years, of the person;

                  (ii)         a son or daughter, who has attained the age of 18 years, of the person;

                  (iii)         a parent of the person;

                  (iv)         a brother or sister, who has attained the age of 18 years, of the person;

        subsection means subsection of the section in which the term is used;

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

        (2)         For the purposes of this Act hospital includes the State Mortuary of the State Health Laboratory Services Branch of the department principally assisting the Minister in the administration of this Act or any agency established under section 7B of the Hospitals and Health Services Act 1927 that has among its objects and powers the conduct of pathological examinations.

        (3)         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.

        (4)         Where in the case of a particular hospital there is doubt as to which medical practitioner is the chief medical administrator of the hospital, the Executive Director may nominate, either by name or by reference to office, a medical practitioner as the chief medical administrator of that hospital for the purposes of this Act.

        [Section 3 amended by No. 28 of 1984 s. 58 and 59; No. 2 of 1996 s. 61; No. 25 of 1997 s. 4; No. 3 of 2002 s. 78; No. 22 of 2008 s. 162; No. 35 of 2010 s. 97.]