allow a next of kin of a deceased person to apply to the Registrar-general of births, deaths and marriages to include a statement in the register of a person’s death that they were a tissue donor, or to request the Chief Minister for a letter acknowledging the tissue donation.Presumably people have always been able to request a statement or letter, with the request being disregarded.
The Explanatory Statement for the Bill, as amended by the Government, indicates
The purpose of the Government Amendments is to reduce the complexity of the scheme as embodied in the Bill to avoid unintended impacts, and to allow it to be successfully implemented.
The Amendments will limit the scope of recognition of tissue donors on the Register and on death certificates to deceased tissue donors, rather than allowing for recognition of all persons who made tissue donations during their lifetime. It removes the aspect of the Bill providing for the Registrar-General to notify the Chief Minister of the wish of the next of kin to receive a letter of acknowledgement. Such letters can be provided through administrative processes. Finally the Amendments provide for a delayed commencement to allow additional time for implementation of the proposals.
The Government Amendments may promote the right to privacy protected in s 12 of the Human Rights Act 2004, in removing the requirement for a family member to apply to the Registrar-General to receive an acknowledgement letter from the Chief Minister.
Removing this requirement, and instead allowing a letter to be sought directly from the Chief Minister through administrative processes, will reduce the level of disclosure of personal information required from family members to different Government agencies.The Government Amendments do not otherwise engage human rights.
Although the amendments will reduce the scope of recognition to deceased tissue donors, rather than including recognition of a tissue donation made by the person during their lifetime, this differential treatment of different circumstances is reasonable and does not substantively limit equality rights of family members
