House debates

Thursday, 1 June 2023

Bills

Australian Organ and Tissue Donation and Transplantation Authority Amendment (Disclosure of Information) Bill 2023; Second Reading

12:52 pm

Photo of Brian MitchellBrian Mitchell (Lyons, Australian Labor Party) Share this | Hansard source

Organ and tissue donation saves lives. It's an act of selflessness and compassion. It's a gift that has within it the power to give somebody else a second chance at life, to restore hope to those grappling with debilitating illness and to alleviate the suffering of individuals and their loved ones. By donating organs or tissue, Australians can provide life-saving opportunities and extend the lives of transplant recipients, enabling them to pursue their dreams and aspirations or simply to spend more time with those that they love. The efforts undertaken by the Organ and Tissue Authority in state and territory DonateLife agencies are instrumental in increasing the number of registered organ and tissue donors and informing Australians about the critical importance of sharing their wishes regarding donation with their own loved ones.

I'm proud to say Tasmania is leading the country with donation outcomes, according to DonateLife Tasmania. It's a proud achievement that has only been made achievable by the generosity of organ donors and their families. In 2022, 57 people received a life-saving transplant in Tasmania. That's 57 lives saved and 57 families who get to enjoy more time with their loved ones. But there's still more work to do to grow donation and transplantation outcomes in Tasmania and nationally. With around 1,800 Australians currently on the waitlist for an organ transplant, I encourage everyone to register to donate their organs and to communicate this wish with their families.

The OTA, alongside state and territory DonateLife agencies, plays a pivotal role in raising awareness, facilitating education and promoting the importance of registering as an organ and tissue donor. Their tireless efforts aim to bridge the gap between the limited supply of organs and tissues and the ever-growing demand for life-saving transplants. Community awareness campaigns, educational initiatives and public engagement activities are crucial to fostering a culture of donation and encouraging individuals to make their wishes known to loved ones.

The importance of organ donation can never be overstated. Tasmanian woman Maddie Bonney is currently in Melbourne where she requires around-the-clock support as she waits for a matching organ donor. Maddie was diagnosed with pulmonary arterial hypertension five years ago and is on the waitlist to receive a double lung transplant. With two young children, Maddie is desperate for an organ donor match so she can get home to Tasmania and spend time with her kids, watching them grow. She's waiting for organs to be made available to her, which, of course, requires somebody else to be lost, but those people are lost anyway. Imagine if they make their organs available to her, so that she can live with her kids. That would be a real gift, indeed.

Each state and territory in Australia has its own human tissue act. The legislation is not uniform and imposes limits on the information that can be disclosed to donation recipients or the family of an organ donor. It can often prevent recipients and the families of donors from connecting—something that can be quite heartfelt and important for both parties. Unfortunately, the Northern Territory, South Australia and Western Australia have some of the most restrictive laws, preventing any individual from disclosing such information even if there is full consent and a desire for information to be shared. This can make it difficult for the OTA and DonateLife agencies across Australia to deliver services more effectively, especially through providing community awareness activities and events which involve donor families.

To address this issue, the proposed bill aims to expand the disclosure of information provisions in the OTA act. It seeks to permit DonateLife agencies, grant recipients and authorised family members to publish, disseminate or disclose information about deceased donors and recipients, subject to the consent of the respective parties, without infringing upon the laws of individual states or territories. It is important to stress that the bill upholds the need for family consent before the disclosure of information, ensuring the wishes and privacy of the organ donor's family are always respected. Furthermore it clarifies and extends the definition of 'authorised family member' to encompass a broader range of individuals who can provide consent in this regard.

These amendments align with the sentiment expressed by many families whose loved ones become donors. They support the idea of raising community awareness about donation and registration, as well as commemorating loved ones through remembrance services. For many, knowing that their loved one has saved others' lives is a thing to treasure. This bill signifies an opportunity to align legislative requirements on disclosure nationally, promoting greater consistency and coherence in the organ and tissue donation process. By harmonising these provisions, we can enhance community awareness, encourage public engagement and inspire individuals to register as organ and tissue donors. Through the sharing of personal stories and the commemoration of donors' selflessness, we can create a culture that values and prioritises organ and tissue donation, ultimately saving more lives and alleviating the suffering of those in need.

Organ and tissue donation is an extraordinary act of generosity, but few might realise that the opportunity to donate is rare, as donors must die in hospital with viable organs, accounting for only two per cent of the 1,400 people who die in hospitals annually. Australia's organ and tissue donation system has come a long way thanks to the pioneering efforts of the Rudd Labor government. It's viewed by many as being best practice internationally and is seen as a proud legacy of the Rudd government. Through the Australian Organ and Tissue Donation and Transplantation Authority Act 2008, the Organ and Tissue Authority was established as a statutory authority entrusted with the responsibility of coordinating a nationally cohesive approach to organ and tissue donation and transplantation.

The Albanese Labor government remains committed to extending this legacy and improving donation rates, and this bill represents the next crucial step in our collective effort. By allowing authorised family members to give consent for the disclosure of information, this bill empowers the OTA and DonateLife staff to include information about deceased donors in promotional and educational activities. This enables the families of organ donors, who made that decision to say yes to organ donation during one of the most difficult times of their lives, to commemorate the gift that their family member gave, the gift of life for up to seven people.

This bill grants donor families the opportunity to share their stories. Through these stories, they can inspire the broader Australian public to follow suit, encouraging them to register as organ and tissue donors themselves and to engage in crucial conversations with loved ones about their wishes.

I want to emphasise again that this bill maintains essential safeguards to protect privacy. It's a cornerstone of our organ and tissue donation system. It does not facilitate direct contact between donor families and organ and tissue recipients, ensuring the rights of both parties who wish to remain anonymous. Donor families and transplant recipients can continue to contact each other anonymously through their jurisdictional DonateLife agency.

What this bill does is harmonise legislative requirements on disclosure across the nation. It supports increased community awareness about donation registration, empowering donor families to share their powerful stories and commemorate their loved ones through remembrance services.

I want to take a moment to recognise and applaud the brave and compassionate families who have made the courageous decision to say yes to organ and tissue donation during what are some of the most challenging moments of their lives. As their loved ones are often dying in hospital before them, they are asked to extend the hope of life to others. And, for those who are able to consider the wellbeing of strangers as their own loved one lives their final moments, I say thank you. Their unwavering generosity and resilience allows others to live and spend time with their loved ones.

There is an immense impact that organ and tissue donation can have on individuals, families and communities. By supporting the bill, we can empower family members to commemorate their loved one's gift of life, share their powerful stories and inspire others to register as donors. Together, we can embolden a society that values the preciousness of life, the transformative power of the donation and the enduring legacy of compassion.

I'm proud to be an organ donor. I carry the card with me everywhere I go. I understand that if something should happen to me, I have the opportunity to help others. And, importantly, my family is aware of my wishes. It's not left to them in those final moments to have to decide what I want; they know what I want.

In closing, I urge every person listening to consider organ donation. Grab your phones, sign up to be an organ and tissue donor. It takes just a minute to register online at DonateLife.org.au or three taps on your Express Plus Medicare app. By doing so, you can be part of the committee that saves lives, brings hope to those in need and creates a lasting legacy of compassion and generosity. I commend the bill to the House.

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