Human Tissue and Transplant Act 1982 (WA)

Western Australia Human Tissue and Transplant Act 1982 Western Australia Human Tissue and Transplant Act 1982 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Designated officers 1 5. Delegation by designated officers 1 5A. Delegation by Minister 1 Part 2 — Donations of tissue by living persons Division 1 — Exclusion of certain tissue 6. Interpretation 1 Division 2 — Donations by adults 7. Blood transfusions not subject to this Division 1 8. Consent to removal of regenerative tissue 1 9. Consent to removal of non‑regenerative tissue 1 Division 3 — Donations from children 10. Blood transfusions not subject to this Division 1 11. References to parents 1 12. General prohibition of removal of tissue from children 1 13. Parent may consent to removal of regenerative tissue from a child 1 14. Revocation of consent 1 Division 4 — Effect of consents and authorities 15. Consents under section 8 1 16. Consents under section 9 1 17. Consents under section 13 1 Division 5 — Blood transfusions 18. Consent by adult to removal of blood 1 19. Parent may consent to removal of blood from child 1 20. Consent is sufficient authority for removal of blood 1 21. Blood transfusions upon children without parental consent 1 Part 3 — Donations of tissue after death 21A. No application to Anatomy Act 1930 1 22. Designated officer may authorise removal of tissue from bodies in hospital 1 23. Coroner's consent to removal of tissue required in some cases 1 24. Effect of authority under this Part 1 24A. Appointment of authorised persons 1 Part 4 — Post‑mortem examinations 25. Designated officer may authorise post-mortems of bodies in hospital 1 26. Next of kin may authorise post-mortem of body not in hospital 1 27. Coroner's consent to post-mortem required in some cases 1 28. Effect of authority under this Part 1 Part 5 — Trading in tissue 29. Part does not apply to trading regulated under Human Reproductive Technology Act 1991 1 29A. Unauthorised trading in tissue prohibited 1 29B. Recovery of certain costs by authorised suppliers 1 29C. Recovery of certain costs by authorised school of anatomy 1 29D. Minister may make order as to application of section 29A 1 29E. Minister may approve certain contracts 1 29F. Human Tissue Advisory Body 1 30. Advertisements relating to buying human tissue prohibited 1 Part 6 — Prohibition on the use of embryonic stem cell lines 30A. Terms used 1 30B. Restriction on use of human embryonic stem cells lines 1 Part 7 — Miscellaneous 31. Exclusion of liability of persons acting in pursuance of consent, etc. 1 32. Act does not prevent specified removals of tissue etc. 1 32A. Codes of practice 1 32B. Enforcement of directions contained in a code of practice 1 33. Offences in relation to removal of tissue 1 34. Disclosure of information 1 35. Regulations 1 37. Regulations may adopt codes or legislation 1 Notes Compilation table 1 Defined terms Western Australia Human Tissue and Transplant Act 1982 An Act to make provision — * for and in relation to the removal of human tissue for transplantation and other purposes; and * for post‑mortem examinations; and * for related purposes. [Long title inserted: No. 41 of 2022 s. 4.] Part 1 — Preliminary [Heading amended: No. 41 of 2022 s. 5.] 1. Short title This Act may be cited as the Human Tissue and Transplant Act 1982. 2. Commencement This Act shall come into operation on 1 March 1983. 3. Terms used (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; Chief Health Officer has the meaning given in the Public Health Act 2016 section 4(1); 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; human egg has the meaning given in the Human Reproductive Technology Act 1991 section 3(1); human embryo has the meaning given in the Human Reproductive Technology Act 1991 section 3A; human sperm has the meaning given in the Human Reproductive Technology Act 1991 section 3(1); Human Tissue Advisory Body means the body established under section 29F(1); 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; therapeutic goods has the meaning given in the Therapeutic Goods Act section 3(1); Therapeutic Goods Act means the Therapeutic Goods Act 1989 (Commonwealth); 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 a health service provider as defined in the Health Services Act 2016 section 6 that has the conduct of pathological examinations as an area for which it is established. (3) A reference in this Act to the transplantation of tissue includes 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 Chief Health Officer 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: 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; No. 11 of 2016 s. 294; No. 19 of 2016 s. 102; No. 41 of 2022 s. 6, 29 and 30.] 4. Designated officers (1) The chief medical administrator of a hospital may nominate a medical practitioner as the designated officer of that hospital for the purposes of this Act. (1A) The nomination must be in writing signed by the chief medical administrator of the hospital. (2) A nomination under subsection (1) must be submitted to the Chief Health Officer for approval and, upon the grant of approval by the Chief Health Officer, the person nominated is the designated officer for the hospital concerned and may exercise the powers and is subject to the duties conferred and imposed on designated officers by this Act. (3) The chief medical administrator of a hospital may revoke the nomination of a person as designated officer for the hospital by serving on that person a notice of the revocation signed by the chief medical administrator. (4) As soon as practicable after revoking the nomination of a person as designated officer for a hospital, the chief medical administrator of the hospital must inform the Chief Health Officer of the revocation. (4a) If in the case of a particular hospital there is no medical practitioner readily identifiable as the chief medical administrator of the hospital, the Chief Health Officer may nominate a medical practitioner as the designated officer of that hospital for the purposes of this Act. (4b) A person nominated under subsection (4a) is the designated officer for the hospital concerned and may exercise the powers and is subject to the duties conferred and imposed on designated officers by this Act. (5) The Chief Health Officer may revoke the approval or nomination of a person as designated officer for a hospital by serving on that person a signed notice of the revocation. [Section 4 amended: No. 28 of 1984 s. 59; No. 25 of 1997 s. 5; No. 19 of 2016 s. 102; No. 41 of 2022 s. 7, 28 and 29.] 5. Delegation by designated officers (1) A designated officer may, subject to and in accordance with this section, either generally or as otherwise provided by the instrument of delegation, delegate to 1 or more persons any powers or duties of the designated officer under this Act, other than this power of delegation. (1A) The delegation must be in writing signed by the designated officer. (2) A delegation under this section may be made to a specified medical practitioner by name or to a medical practitioner who is the holder for the time being of a specified office at the hospital concerned, being in every case an office relevant to the subject matter of this Act. (3) A delegation under this section — (a) may be made subject to such conditions, qualifications, and exceptions as are set out in the instrument of delegation; (b) has immediate effect, unless the instrument of delegation provides otherwise, and continues in force until revoked by writing signed by the designated officer and given to the delegate. (4) A designated officer must inform the Chief Health Officer as soon as practicable of every delegation made by the designated officer under this section and where the delegation is to the holder of a specified office, the designated officer must inform the Chief Health Officer as soon as practicable of the name of each successive holder of that office and furnish further information in respect of such persons as the Chief Health Officer may require. (5) The Chief Health Officer may require the designated officer to revoke a delegation made by the designated officer and the designated officer must immediately comply with the requirement. (5A) A requirement under subsection (5) must — (a) be in writing signed by the Chief Health Officer; and (b) be given to the designated officer. (6) A designated officer may exercise a power and perform a duty under this Act notwithstanding that the designated officer has delegated its exercise or performance under this section. [Section 5 amended: No. 28 of 1984 s. 59; No. 19 of 2016 s. 102; No. 41 of 2022 s. 8, 28 and 29.] 5A. Delegation by Minister (1) The Minister may delegate to a person any power or duty of the Minister under another provision of this Act. (2) The delegation must be in writing signed by the Minister. (3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty. (4) A person exercising or performing a power or duty that has been delegated to the person under this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown. (5) Nothing in this section limits the ability of the Minister to perform a function through an officer or agent. [Section 5A inserted: No. 41 of 2022 s. 9.] Part 2 — Donations of tissue by living persons [Heading amended: No. 41 of 2022 s. 10.] Division 1 — Exclusion of certain tissue 6. Interpretation In this Part, a reference to tissue does not include a reference to fetal tissue, a human embryo, human sperm or a human egg. [Section 6 amended: No. 41 of 2022 s. 11.] Division 2 — Donations by adults 7. Blood transfusions not subject to this Division Nothing in this Division prevents the removal in accordance with Division 5 of blood from the body of a person. 8. Consent to removal of regenerative tissue (1) This section applies to a person who — (a) has attained the age of 18 years; and (b) is of sound mind; and (c) is, in the light of medical advice furnished to the person, prepared to consent as referred to in subsection (1A). (1A) The person may, by writing signed by the person otherwise than in the presence of any member of the person's family or any of the person's friends, consent to the removal from the person's body of regenerative tissue, other than blood, specified in the consent — (a) for the purpose of the transplantation of the tissue to the body of another living person; or (b) for use of the tissue for other therapeutic purposes or for medical or scientific purposes; or (c) for use of the tissue for the purposes of training, education or quality assurance relating to a use referred to in paragraph (b). (2) A person who has given a consent referred to in subsection (1A) may, at any time before the removal of the regenerative tissue to which the consent applies, revoke, either orally or in writing, the person's consent to the removal. [Section 8 amended: No. 41 of 2022 s. 12 and 28] 9. Consent to removal of non‑regenerative tissue (1) A person who — (a) has attained the age of 18 years; and (b) is of sound mind; and (c) is in the light of medical advice furnished to the person prepared to do so, may, by writing signed by the person otherwise than in the presence of any member of the person's family or any of the person's friends, consent to the removal, after the expiration of a period of 24 hours from the time at which the consent is signed, from the person's body of non‑regenerative tissue specified in the consent for the purpose of the transplantation of the tissue to the body of another living person. (2) A person who has given a consent referred to in subsection (1) may, at any time before the removal of the non‑regenerative tissue to which the consent applies, revoke, either orally or in writing, the person's consent to the removal. [Section 9 amended: No. 41 of 2022 s. 28.] Division 3 — Donations from children 10. Blood transfusions not subject to this Division Nothing in this Division prevents the removal in accordance with Division 5 of blood from the body of a child. 11. References to parents In this Division, a reference to the parent of a child does not include a reference to the guardian of a child or to another person standing in loco parentis to the child. [Section 11 amended: No. 41 of 2022 s. 29.] 12. General prohibition of removal of tissue from children (1) It is not lawful, except as provided by this Part, to remove regenerative tissue from the body of a living child for the purpose of the transplantation of the tissue to the body of another living person. (2) It is not lawful to remove non‑regenerative tissue from the body of a living child for the purpose of the transplantation of the tissue to the body of another living person. 13. Parent may consent to removal of regenerative tissue from a child (1) A parent of a child may, in the circumstances specified in subsection (2), consent in writing to the removal from the body of the child of specified regenerative tissue for the purpose of the transplantation of the tissue to the body of another member of the family of the child or to the body of a relative of the child. (2) The circumstances specified for the purposes of subsection (1) are that — (a) medical advice has been furnished to the parent and the child regarding the nature and effect of the removal and the nature of the transplantation; and (b) the child has the mental capacity to understand the nature and effect of the removal and the nature of the transplantation; and (c) the child has agreed to the removal of the regenerative tissue for the purpose of its transplantation to the body of the person referred to in subsection (1). 14. Revocation of consent A parent who has given a consent under this Division, or a child who has under this Division agreed to the removal of tissue from the child's body, may, at any time before the removal of the tissue to which the consent or agreement applies, revoke, either orally or in writing, the consent or agreement, as the case requires, to the removal. [Section 14 amended: No. 41 of 2022 s. 28.] Division 4 — Effect of consents and authorities 15. Consents under section 8 A consent under section 8 is, unless it has been revoked under section 8(2), sufficient authority for a medical practitioner, other than a medical practitioner by whom the medical advice referred to in that section was furnished, to remove the regenerative tissue referred to in the consent — (a) for the purpose of the transplantation of the tissue to the body of another living person; or (b) for use for other therapeutic purposes or for medical or scientific purposes; or (c) for use of the tissue for the purposes of training, education or quality assurance relating to a use referred to in paragraph (b). [Section 15 amended: No. 41 of 2022 s. 13.] 16. Consents under section 9 A consent under section 9 is, unless it has been revoked under section 9(2), sufficient authority for a medical practitioner, other than a medical practitioner by whom the medical advice referred to in that section was furnished, to remove, after the expiration of a period of 24 hours after the time at which the consent was given, the non‑regenerative tissue referred to in the consent for the purpose of the transplantation of the tissue to the body of another living person. 17. Consents under section 13 A consent under section 13 is, unless the parent who gave the consent has revoked the consent or the child has revoked the child's agreement under section 14, sufficient authority for a medical practitioner, other than a medical practitioner by whom the medical advice referred to in that section was furnished, to remove from the body of the child the regenerative tissue referred to in the consent for the purpose of the transplantation of the tissue to the body of another member of the family of the child or of a relative of the child. [Section 17 amended: No. 41 of 2022 s. 28.] Division 5 — Blood transfusions 18. Consent by adult to removal of blood (1) This section applies to a person who — (a) has attained the age of 18 years; and (b) is of sound mind. (2) The person may consent to the removal of blood from the person's body — (a) for transfusion of the blood to another person; or (b) for use of the blood or of any of its constituents for other therapeutic purposes or for medical or scientific purposes; or (c) for use of the blood or of any of its constituents for the purposes of training, education or quality assurance relating to a use referred to in paragraph (b). [Section 18 inserted: No. 41 of 2022 s. 14.] 19. Parent may consent to removal of blood from child The parent of a child may consent to a removal of blood from the body of the child for a use referred to in section 18(2) if — (a) a medical practitioner advises that the removal should not be prejudicial to the health of the child; and (b) the child agrees to the removal. [Section 19 amended: No. 41 of 2022 s. 15.] 20. Consent is sufficient authority for removal of blood A consent under this Division is sufficient authority for the removal of blood from the body of the person who has given the consent, or from the body of the child of the person who has given the consent, as the case requires. 21. Blood transfusions upon children without parental consent (1) A medical practitioner may perform a blood transfusion upon a child without the consent of any person who is legally entitled to authorise the blood transfusion if — (a) such person — (i) fails or refuses to so authorise the blood transfusion when requested to do so; or (ii) cannot be found after such search and enquiry as is reasonably practicable in the circumstances of the case; and (b) the medical practitioner and another medical practitioner agree — (i) as to the condition from which the child is suffering; and (ii) that the blood transfusion is a reasonable and proper treatment for that condition; and (iii) that without a blood transfusion the child is likely to die; and (c) the medical practitioner who performs the blood transfusion on the child — (i) has had previous experience in performing blood transfusions; and (ii) is, before commencing the transfusion, satisfied that the blood to be transfused is suitable for the child. (2) When a medical practitioner has performed a blood transfusion on a child without the consent of any person legally entitled to authorise it and in respect of that transfusion the requirements and conditions of this section have been complied with, the transfusion is taken for all purposes to have been performed with the authority of a person legally entitled to authorise it. (3) Where a medical practitioner other than the medical practitioner who is to perform the blood transfusion on the child cannot be found after search or enquiry for such time as the last‑mentioned medical practitioner considers reasonable in the circumstances of the case, having regard to the emergency arising from the condition of the child, it is sufficient compliance with subsection (1)(b) if that last‑mentioned practitioner is satisfied — (a) as to the condition from which the child is suffering; and (b) that a blood transfusion is a reasonable and proper treatment for that condition; and (c) that to delay the blood transfusion until that other medical practitioner can be found and be available for consultation would cause a serious deterioration in the child's condition; and (d) that without a blood transfusion the child is likely to die. (4) In this section — blood transfusion means the transfusion of human blood, any constituent of human blood or saline solution or other liquid, into a child and includes the exchange of the whole or any part of the blood of a child and all medical and surgical procedures necessary to perform the transfusion or exchange; and child means a person who is or appears to be under the age of 18 years. (5) Nothing in this section relieves a medical practitioner from liability in respect of the administration of a blood transfusion to a child being a liability to which the medical practitioner would have been subject if the transfusion had been administered with the consent of a parent of the child or a person having authority to consent to the administration of the transfusion. [Section 21 amended: No. 41 of 2022 s. 28 and 29.] Part 3 — Donations of tissue after death [Heading amended: No. 41 of 2022 s. 16.] 21A. No application to Anatomy Act 1930 Nothing in this Part applies to the removal of tissue for the purpose of the practice of anatomy under the Anatomy Act 1930. [Section 21A inserted: No. 41 of 2022 s. 17.] 22. Designated officer may authorise removal of tissue from bodies in hospital (1) A designated officer for a hospital may, subject to and in accordance with this Part, authorise the removal of tissue from the body of a person who has died in hospital or whose dead body has been brought into the hospital — (a) for the purpose of the transplantation of the tissue to the body of a living person; or (b) for use of the tissue for other therapeutic purposes or for medical or scientific purposes; or (c) for use of the tissue for the purposes of training, education or quality assurance relating to a use referred to in paragraph (b). (2) A designated officer for a hospital may authorise the removal of tissue from the body of a person who has died in the hospital or whose dead body has been brought into the hospital — (a) where, after making inquiries, the designated officer is satisfied that the deceased person during the person's lifetime expressed the wish for, or consented to, the removal after death of tissue from the body of the deceased person for the purpose or a use referred to in subsection (1) and had not withdrawn the wish or revoked the consent; or (b) where, after making inquiries, the designated officer has no reason to believe that the deceased person had expressed an objection to the removal after death of tissue from the body of the deceased person for the purpose or a use referred to in subsection (1) and the designated officer is satisfied that the senior available next of kin consents to the removal of tissue from the body of the deceased person for the purpose or a use referred to in subsection (1). (3) The authority of a designated officer to authorise the removal of tissue from the body of a deceased person under this section is restricted — (a) in the case of the circumstances referred to in subsection (2)(a), by the expressed terms of the wishes or consent of the deceased person; (b) in the case of the circumstances referred to in subsection (2)(b), by the consent of the senior available next of kin, both as to the tissue which may be removed and as to the purpose or use of the tissue. (4) The senior available next of kin of a person may make it known to a designated officer at any time when the person is unconscious before death that the senior available next of kin consents to the removal, after the death of the person, of tissue from the body of the person for the purpose or a use referred to in subsection (1), but the designated officer must not act on such an indication if the person recovers consciousness. (5) Where there are 2 or more persons having a description referred to in a subparagraph of paragraph (a) or (b) of the definition of "senior available next of kin" in section 3, an objection by any one of those persons has effect for the purposes of this section notwithstanding any indication to the contrary by the other or any other of those persons. [Section 22 amended: No. 25 of 1997 s. 6; No. 41 of 2022 s. 18, 28 and 29.] 23. Coroner's consent to removal of tissue required in some cases (1) If the designated officer for a hospital has reason to believe that the death of a person is or may be a reportable death, the designated officer must not, under and in accordance with section 22, authorise the removal of tissue from the body of the deceased person unless the coroner has given consent to the removal. (2) A coroner may give a direction either before or after the death of a person that the coroner's consent to the removal of tissue from the body of the person after the death of the person is not required and, in that event, subsection (1) does not apply to or in relation to the removal of tissue from the body of the person. (3) A consent or direction by a coroner under this section may be expressed to be subject to such conditions as are specified in the consent or the direction. (4) A consent or direction may be given orally by a coroner, and if so given, must be confirmed in writing. [Section 23 amended: No. 2 of 1996 s. 61; No. 41 of 2022 s. 28 and 29.] 24. Effect of authority under this Part (1) In this section — permitted practitioner, in relation to an authority under this Part, means a medical practitioner other than — (a) if subsection (2) applies — a medical practitioner who made a declaration under that subsection relating to the authority; or (b) the designated officer for the hospital in which the authority was given or a person who has lawfully exercised the designated officer's powers under section 22; permitted purpose or use, in relation to the removal of tissue, means — (a) the purpose of the transplantation of the tissue to the body of a living person; or (b) use of the tissue for other therapeutic purposes or for medical or scientific purposes; or (c) use of the tissue for the purposes of training, education or quality assurance relating to a use referred to in paragraph (b). (1A) Subject to subsection (2), an authority under this Part is sufficient authority for the removal of tissue from the body of the deceased person referred to in the authority, for a permitted purpose or use, by — (a) if the tissue to be removed is ocular tissue — (i) a permitted practitioner; or (ii) a person appointed under section 24A(1) as an authorised person for the purposes of this paragraph; or (b) if the tissue to be removed is musculoskeletal tissue — (i) a permitted practitioner; or (ii) a person appointed under section 24A(1) as an authorised person for the purposes of this paragraph; or (c) if the tissue to be removed is skin — (i) a permitted practitioner; or (ii) a person appointed under section 24A(1) as an authorised person for the purposes of this paragraph; or (d) in any other case — a permitted practitioner. (1B) An authority under this Part is subject to any restriction that applies in relation to the authority by reason of section 22(3). (2) Where the respiration and the circulation of the blood of a person are being maintained by artificial means, tissue must not be removed from the body of the person for a permitted purpose or use unless 2 medical practitioners (each of whom has carried out a clinical examination of the person, each of whom has been for a period of not less than 5 years a medical practitioner and one of whom holds specialist qualifications in general medicine, neurology or neurosurgery or has such other qualifications as are accepted by the Chief Health Officer) have declared that irreversible cessation of all function of the brain of the person has occurred. (3) For the purposes of subsection (2), any period during which a person who is a medical practitioner practised as a medical practitioner, however described, under the law in force in a country outside Australia must be taken into account in calculating the period of 5 years referred to in that subsection. [(4) deleted] [Section 24 amended: No. 28 of 1984 s. 59; No. 5 of 1987 s. 3; No. 19 of 2016 s. 102; No. 41 of 2022 s. 19 and 29.] 24A. Appointment of authorised persons (1) The Minister may, in writing, appoint a person, or a person in a class of person, to be an authorised person for the purposes of any 1 or more of section 24(1A)(a)(ii), (b)(ii) or (c)(ii). (2) A person cannot be an authorised person if the person is a medical practitioner. (3) The Minister may, in writing, revoke an appointment made under subsection (1) if the Minister considers it appropriate to do so. (4) If, immediately before the day on which the Human Tissue and Transplant Amendment Act 2022 section 20 comes into operation, a person is an authorised person for the purposes of section 24 — (a) the person is taken to have been appointed under subsection (1) to be an authorised person for the purposes of section 24(1A)(a)(ii); and (b) for the purposes of subsection (3), the person's appointment is taken to be an appointment made under subsection (1). [Section 24A inserted: No. 41 of 2022 s. 20.] Part 4 — Post‑mortem examinations [Heading amended: No. 41 of 2022 s. 21.] 25. Designated officer may authorise post-mortems of bodies in hospital (1) A designated officer for a hospital may, subject to and in accordance with this Part, authorise a post‑mortem examination of the body of a person who has died in the hospital, or whose dead body has been brought into the hospital, for the purpose of — (a) ascertaining the cause or extent of disease or any pathological condition that may be present in that person; or (b) ascertaining whether the health of that person was affected by any condition of health that is prescribed for the purposes of this paragraph; or (c) teaching pathology. (2) Where the designated officer, after making such inquiries as are reasonable in the circumstances, has reason to believe that the deceased person had, during the person's lifetime, expressed the wish for,