Page 1172 - Week 04 - Wednesday, 4 May 2022
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Therapeutic Goods Administration’s existing powers against corporations, this section will enable authorised TGA officers to take action against sole traders in the ACT, where these traders may be in breach of the Commonwealth Therapeutic Goods Act 1989. For example, sole traders illegally selling nicotine vaping products could be subject to TGA enforcement action. We know that complaints about the illicit sale of nicotine vaping products are increasing in the ACT and nationally—something Dr Paterson has brought to the attention of members and continues to advocate about.
This amendment will provide an additional regulatory resource for the ACT, as well as clarity for the TGA when undertaking regulatory interventions. While the impact of the change will likely affect only a small number of businesses, the involvement of the TGA in compliance and enforcement activities supports good practice regulation and collaboration between ACT government regulators and the TGA.
The final key change proposed by the bill will address an inconsistency between the Transplantation and Anatomy Act and the Births, Deaths and Marriages Registration Act 1997, with respect to confirming and acknowledging a deceased individual’s organ donor status. The Births, Deaths and Marriages Registration Act was amended in May 2021 to allow the family of an organ donor to opt to have the donation formally acknowledged on the person’s death certificate and also formally acknowledged to the family in a letter from the Chief Minister.
Currently, the Transplantation and Anatomy Act does not clearly permit officers to release information about organ or tissue donors. The bill will support the lawful release of this information when a request is received from a bereaved family for an acknowledgement of a person’s donation. Such an acknowledgement can provide solace to family members of those who have passed away, as they are able to have their loved one’s gift officially and publicly acknowledged. The community also benefits from the public discussion of organ donation experiences, as this helps raise awareness, thus further promoting and potentially increasing organ donations in the territory.
I acknowledge the advocacy of families, carers and loved ones regarding the technical barriers that were recently identified across Australia’s transplantation laws that have limited families’ ability to share their stories publicly. In recognition of the importance of organ and tissue donation, it is my intent that further government amendments to the Transplantation and Anatomy Act will be brought forward prior to the debate of this bill.
Additional consultation with the Organ and Tissue Authority and the Government Solicitor’s office will inform the amendments that will potentially be the blueprint for other jurisdictions to also amend their respective pieces of legislation. This change will acknowledge the significant gift of organ donors and allow families to tell their stories to commemorate their loved ones and raise awareness. This, in turn, will enable promotion of, community awareness of and increased territory participation in the Australian Organ Donor Register. I recognise at this point the ongoing advocacy, advice and commitment of my colleague Minister Cheyne, who continues to be a champion for all those in the community touched by organ donation.
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