Change in law to support organ donation remembrance and thanksgiving


Released 24/11/2022

Today the ACT Legislative Assembly passed the Health Legislation Amendment Bill 2022, which includes changes that will allow DonateLife ACT to share stories of individuals and their loved ones at commemorative occasions and in material that promotes the importance of conversations about organ donation.

DonateLife ACT is currently prohibited from disclosing information about a deceased donor or from sharing stories of bereaved families because consent cannot be obtained from the deceased donor.

The amended Bill passed today expands the list of people eligible to provide consent to disclose identifying information to include the next of kin of a deceased donor, the parent of a child, and the guardian or legal power of attorney of a legally incompetent person.

Minister for Health Rachel Stephen-Smith said it is important that families can honour and commemorate their loved ones who have donated organs and saved lives.

“The annual DonateLife ACT Service of Remembrance and Thanksgiving is an important opportunity for donor families to have their loved one’s generous gift recognised. This can provide some comfort to bereaved families over a most difficult time.”

“This change will allow DonateLife ACT, with consent, to share stories of individuals and their loved ones at occasions such as the annual DonateLife ACT Service of Remembrance and Thanksgiving and other commemorative occasions without contravening the Transplantation Act.”

“Acknowledgment and recognition of organ donation is critical for educating the wider community. Donor families sharing their stories can be both healing for them, and send a strong message of the importance of organ donation in the community. We still have a lot of work to do, but changes such as this are another step in supporting organ donation in the ACT.

“If you are not already registered to be an organ donor I would strongly encourage you to register through the Australian Organ Donor Register. It only takes a minute and could save up to seven lives,” said Minister Stephen-Smith.

These changes have been shared with other jurisdictions and have helped inform similar proposed Commonwealth changes that may be considered by the Commonwealth Parliament over the coming year.

Quotes attributable to Agency Manager of DonateLife ACT, Nadia Burkolter

“This is wonderful news. I am so glad that if donor families in the ACT would like to honour their loved ones by sharing their donation story, as of today, they will be able to if they wish. I am very happy that thanks to today’s legislative changes, DonateLife ACT will be able to assist them in doing so. It is important for some donor families to tell their story. Thanks to the changes to the Transplant and Anatomy Act made today, DonateLife ACT will now be able to support these generous families in doing so.

“When donor families share their story, not only is their loved one honoured for giving the gift of life, it also raises much needed awareness that organ and tissue donation is lifesaving.”

Find out more about organ and tissue donation and how to register as a donor at www.donatelife.gov.au.

- Statement ends -

Rachel Stephen-Smith, MLA | Media Releases


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