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

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Transfer of functions from inspectors of places in State where anatomy is carried on under and in accordance with Anatomy Act 1832 to Medical Council

77. (1) All functions that, immediately before the commencement of this section, were vested in the inspectors of places in the State where anatomical examination is carried on under and in accordance with the Anatomy Act 1832 are transferred to the Medical Council.

(2) Without prejudice to the generality of subsection (1) and (3), the Medical Council shall have the following functions, namely:

(a) to undertake or cause to be undertaken, inspections of, and provide or cause to be provided, reports on, premises identified in applications made by applicant institutions to become licensed institutions under section 68 ;

(b) without prejudice to the generality of paragraph (a), to conduct inspections not less than once every 3 years of all licensed institutions at which anatomical examinations are undertaken;

(c) to monitor compliance by licensed institutions with—

(i) the provisions of this Part,

(ii) any conditions which have been placed on any licence issued to a licensed institution under this Part, and

(iii) any codes of practice for the time being in force in respect of anatomical examination;

(d) without prejudice to sections 68 and 82 , to request an applicant institution or a licensed institution to provide to the Medical Council as soon as it is practicable after receipt of such request, such information as the Medical Council may reasonably require for the purposes of this section and is so specified in its request;

(e) do such other things as are reasonably necessary or expedient for the purposes of monitoring compliance with this Part;

(f) appoint one or more authorised officers to undertake any of the functions referred to in paragraphs (a) to (e) of this subsection;

(g) make reports to the Minister on an annual basis or whenever requested to do so, in respect of inspections undertaken under this section;

(h) of its own motion or at the request of the Minister, to advise the Minister on any matter related to anatomical examination;

(i) at the request of the Minister and as soon as it is practicable after receipt of such request, to provide the Minister with such information as the Minister specifies in his or her request.

(3) The Medical Council shall have all such powers as are necessary or expedient for the performance of its functions under this Part.

(4) Anything commenced and not completed before the commencement of this section by or under the authority of the Inspector of Anatomy may, be carried on or completed on or after that date by the Medical Council.