Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024

Nominated person

52. (1) A hospital at which post-mortem activities or coronial post-mortem examinations, as the case may be, take place or will take place shall, subject to subsection (2), as soon as practicable after the commencement of this section and, in any event, not later than 12 weeks after such commencement, nominate in writing at least one suitably qualified person for the purposes of this Part (in this Part referred to as a “nominated person”).

(2) A nominated person shall be an employee of the hospital concerned and shall be a suitably qualified person by reason of his or her training and experience to discharge the responsibilities of a nominated person.

(3) A nominated person shall have the following responsibilities namely:

(a) to ensure that an internal audit of post-mortem activities or coronial post-mortem examinations that take place in the hospital is maintained;

(b) to ensure that an annual report of post-mortem activities or coronial post-mortem examinations that take place in the hospital is compiled and submitted to the Authority;

(c) to maintain or cause to be maintained records in accordance with this Part;

(d) without prejudice to the powers of the Authority under this Part to monitor compliance with this Part, to notify the Authority in writing when he or she becomes aware of any breach of a provision of this Part;

(e) to liaise with the Authority from time to time and when requested to do so by the Authority.

(4) A hospital in which post mortem activities or coronial post mortem examinations take place or will take place shall inform the Authority of the name and particulars of the person nominated under subsection (1).

(5) A nominated person shall, in accordance with any guidelines, notify the Authority as soon as practicable, but no later than 3 months after the commencement of this section, of the post-mortem activities which take place in the hospital in relation to which he or she is the nominated person.

(6) A hospital at which post-mortem activities or coronial post-mortem examinations take place shall, notwithstanding the nomination by the hospital of a nominated person, at all times remain responsible for, and accountable to the Authority in respect of, compliance with this Part.