11. Consent for research or removal or use of tissue for research in case of deceased persons

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(1)

Where the prospective research subject or tissue donor is a deceased person, the appropriate consent —

(a)

for the use of the deceased person’s individually‑identifiable —

(i)

biological material;

(ii)

body or any part of the body; or

(iii)

health information; or

(b)

for the removal or use of human tissue for research from the deceased person,must be obtained from any of the following persons in the order of priority stated, when persons in prior classes are not available at the time of death, and in the absence of actual notice of contrary indications by the deceased person, or actual notice of opposition of a member of the same class or a prior class:

(c)

the spouse;

(d)

an adult son or daughter;

(e)

either parent or a guardian of the deceased person at the time of the person’s death;

(f)

an adult brother or sister;

(g)

the administrator or executor of the estate of the deceased person;

(h)

any other person authorised or under obligation to dispose of the body of the deceased person.

(2)

The person specified in subsection (1)(c) to (g) must, in determining whether to give appropriate consent under subsection (1), have regard to such matters, considerations and procedures as may be prescribed.

Terms defined in s 2

adult
Defined · s 2
“adult” means a person who is 21 years of age or older or a person below 21 years of age who was or is married;
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appropriate consent
Defined · s 2
“appropriate consent” means the consent given by a person or, where applicable, by another person on his or her behalf, in accordance with Part 3;
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biological material
Defined · s 2
“human biological material” or “biological material” means any biological material obtained from the human body that consists of, or includes, human cells;
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donor
Defined · s 2
“donor”, in relation to human tissue, means a natural person, whether living or dead, from whose body the human tissue is obtained;
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health information
Defined · s 2
“health information” means information pertaining to an individual —(a)obtained in the course of or in connection with providing healthcare services; or(b)relating to the study, prevention, prognostication, diagnosis, or alleviation of a disease, disorder, or injury;
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human tissue
Defined · s 2
“human tissue” or “tissue” means any human biological material but excludes human biological material specified in the First Schedule;
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individually‑identifiable
Defined · s 2
“individually‑identifiable”, in relation to human biological material or health information pertaining to an individual, means that the individual can be identified —(a)from the human biological material or health information; or(b)from that human biological material or health information and other information to which the person, research institution, tissue bank or other organisation has or is likely to have access;
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research
Defined · s 2
“research” means any systematic investigation with the intention of developing or contributing to generalisable knowledge;
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research subject
Defined · s 2
“research subject” means a natural person, whether living or dead —(a)whom a researcher involves in human biomedical research; or(b)from whom human biological material or health information is obtained for use in the human biomedical research;
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tissue
Defined · s 2
“human tissue” or “tissue” means any human biological material but excludes human biological material specified in the First Schedule;
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