Interpretation Act 1965 · 2020 Revised Edition · Part 1 · General Provisions of Interpretation
2A. Criteria for determining death
Feedback & supportLast amended by an amending law of 2005.
For all purposes, a person has died when there has occurred either —
person
“person” and “party” include any company or association or body of persons, corporate or unincorporate;
irreversible cessation of circulation of blood and respiration in the body of the person; or
total and irreversible cessation of all functions of the brain of the person.
The determination of the irreversible cessation of circulation of blood and respiration in the body of a person must, subject to subsection (5), be made in accordance with the ordinary standards of current medical practice.
The determination of the total and irreversible cessation of all functions of the brain of a person must, subject to subsections (4) and (6), be made in accordance with the prescribed criteria.
prescribed
“prescribed” means prescribed by the Act in which the word occurs or by any subsidiary legislation made thereunder and, in relation to forms, includes being set out in electronic form on an electronically accessible server (such as an internet website) that is specified in the Act or subsidiary legislation in which the word occurs;
Except in the circumstances referred to in subsection (6), the determination of the total and irreversible cessation of all functions of the brain of a person must be certified in the prescribed form by 2 medical practitioners —
at least one of whom has not been involved in the care or treatment of the person so certified; and
who possess the prescribed postgraduate medical qualifications.
If the death of a person from whose body an organ is to be removed after his or her death as authorised under the Human Organ Transplant Act 1987 or the Medical (Therapy, Education and Research) Act 1972 is determined by the irreversible cessation of circulation of blood and respiration in the body of that person, the person’s death must be certified in the prescribed form by 2 medical practitioners —
act
“act”, in relation to an offence or civil wrong, includes a series of acts, and words which refer to acts done are to be construed as extending to illegal omissions;
who have not been involved in the care or treatment of the person so certified;
who do not belong to the team of medical practitioners that will effect the removal of the organ from the body;
who have not been involved in the selection of the proposed recipient of the organ; and
who will not be involved in the care or treatment of the proposed recipient of the organ during his or her hospitalisation for the purpose of the transplant.
If the death of a person from whose body an organ is to be removed after his or her death as authorised under the Human Organ Transplant Act 1987 or the Medical (Therapy, Education and Research) Act 1972 is determined by the total and irreversible cessation of all functions of the brain of that person, the person’s death must be certified in the prescribed form by 2 medical practitioners —
who have not been involved in the care or treatment of the person so certified;
who do not belong to the team of medical practitioners that will effect the removal of the organ from the body;
who have not been involved in the selection of the proposed recipient of the organ;
who will not be involved in the care or treatment of the proposed recipient of the organ during his or her hospitalisation for the purpose of the transplant; and
who possess the prescribed postgraduate medical qualifications.
The Minister may, for the purposes of all laws or any specified written law, by regulations prescribe —
Minister
“Minister” means the Minister for the time being charged with the responsibility for the department or subject to which the context refers;
the criteria for determining the total and irreversible cessation of all functions of the brain of a person mentioned in subsections (1)(b) and (3); and
the postgraduate medical qualifications and form of the death certificate for the purposes of subsection (4), (5) or (6).
Nothing in this section —
affects the operation of section 110 of the Evidence Act 1893 (burden of proving that a person is alive who has not been heard of for 7 years), section 100 of the Women’s Charter 1961 (proceedings for interim judgment of presumption of death and divorce) or any other written law relating to the presumption of death;
prevents the certification or determination of death in a case where the body of a person is not found or recovered.
In this section, “medical practitioner” means a person who is registered, or deemed to be registered, as a medical practitioner under the Medical Registration Act 1997.
registered
“registered”, in relation to a document, means registered under the provisions of any written law for the time being applicable to the registration of such document;