Release of Human Tissue and Explanted Medical Devices Policy

Applicable to: Health Service Providers

Description: This Policy sets out the minimum requirements for responding to requests for the release of human tissue or an implantable medical device that has been removed (explanted) from an individual’s body. Human tissue in the context of this Policy includes a human fetus or placenta. Accordingly, in all cases, reference to human tissue includes a human fetus or placenta unless stated otherwise.

This Policy is in accordance with the Environmental Protection Act 1986 and Environmental Protection (Controlled Waste) Regulations 2004 which regulate clinical waste; and the Therapeutic Goods Act 1989 (Cth) which regulates medical devices supplied in Australia. Neither State nor Commonwealth legislation explicitly authorises or prohibits the release of human tissue or explanted medical devices to a requestor.

This Policy is a mandatory requirement for Health Service Providers under the Public Health Policy Framework pursuant to section 26(2)(c) of the Health Services Act 2016.

This Policy supersedes OD 0398/12 Release of Human Tissue and Explanted Medical Devices.

The Policy does not relate to actions concerning tissue or organs intended for donation, or teeth, hair and nails.

Date of effect: 28 January 2020

Policy Framework

Related documents

Supporting information