Ged Kearney (Cooper, Australian Labor Party, Assistant Minister for Health and Aged Care) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

Transplantation through organ and tissue donation gives people a second chance at life, allowing them to resume the roles they love among their family, friends, and communities. One organ and tissue donor can transform the lives of many people, and transplants are a well-researched and highly effective treatment. The benefits of organ and tissue transplantation to our society are undeniable.

Australia has implemented a best-practice donation system. In 2009, under the then Rudd Labor government, Australia commenced our national program to increase organ and tissue donation for transplantation. Since then, there has been a significant growth in donation rates, with more than 16,000 Australians receiving a life-changing transplant.

Few people have the opportunity to become an organ donor. An individual needs to die in a hospital, with organs functioning well, to be a donor.

Only around two per cent of people who die in a hospital are able to be considered for organ donation. That's only around 1,400 people a year.

The Australian Organ and Tissue Donation and Transplantation Authority, also known as the Organ and Tissue Authority, has led the national effort to increase organ and tissue donations, in partnership with:

Critical to this work of the Organ and Tissue Authority and DonateLife agencies are promotional and educational activities to increase community awareness of organ and tissue donation. The key aim is to encourage people to register on the Australian Organ Donor Register and talk to their family about donation and what they would like at the end of their life. These activities include commemorative services, educational and community awareness materials such as posters and flyers, and social media content, which often include the sharing of experiences by individuals and families involved in organ and tissue donation and transplantation.

Currently, there are provisions in both state and territory legislation, and the Australian Organ and Tissue Donation and Transplantation Authority Act 2008 that prohibit the sharing of some information related to deceased donors and recipients for the purposes of community awareness and other educational activities by the Organ and Tissue Authority and DonateLife agencies. As a result, the Organ and Tissue Authority, and Commonwealth funded state and territory DonateLife agencies are limited in the ways they can deliver the national organ and tissue donation and transplantation program, and in particular, community awareness, educational activities, and commemorative events for donor families.

This bill will amend the Australian Organ and Tissue Donation and Transplantation Authority Act 2008to allow the Organ and Tissue Authority, DonateLife agencies, grant recipients and authorised family members to publish, disseminate or disclose information about deceased donors for the purposes of the Organ and Tissue Authority's community awareness, educational or commemorative activities.

Currently, the OTA act has restrictive provisions on who can provide that consent being limited to partners of the deceased donor, or by parental guardians if the donor was less than 18 years. These changes will allow the Organ and Tissue Authority and DonateLife agencies to obtain consent for this information from an extended list of family members of donors and recipients that includes a partner, parent, child, sibling, grandparent and grandchild.

With this consent from the family, this information about the respective deceased donor or recipient can then be included in community awareness and educational activities, and in remembrance services for families to commemorate their family member. The sharing of these experiences is invaluable, as it:

The disclosure of this information is restricted to the functions of the Organ and Tissue Authority and DonateLife staff and purposes of the activities as defined in this bill.

It is important to note that these amendments are not intended to facilitate direct contact between donor families and organ and tissue recipients. Governments intend to protect the right of both donor families and transplant recipients to remain anonymous.

These legislative amendments align with the sentiment that many donor families wish to commemorate their family member in remembrance services, and some also want to help raise community awareness about donation and transplantation.

I would like to acknowledge the valuable work of the Organ and Tissue Authority and DonateLife agencies in leading the national program to increase organ and tissue donation. And of course, none of this would be possible without donors and their families. I cannot express the extent of my admiration of the families who, during such difficult circumstances, have made the incredible decision to give the ultimate gift of life to another by saying 'yes' to donation. Not only do these families make these decisions, but often they then share their experience to encourage others to do the same. This is truly remarkable.

I would like to finish by sharing the incredibly moving story told by Mr Rob Clemmens. I met Rob and his two adult daughters, Emily and Isabella last month at the announcement event for the 2022 donation and transplantation outcomes at the Royal Melbourne Hospital. Rob was there to share his story and raise awareness about donation. Rob lost his beloved wife Katie last year. Rob and his daughters, made the decision to say yes to organ donation because Katie was always giving to others. Together, they believed it was the right thing to do and something Katie would have wanted. Rob and his family are immensely proud of Katie's legacy as an organ and tissue donor, giving the ultimate gift of life to people through the donation of her liver and kidneys, as well as skin, eyes, and bone. As Rob says, 'Katie gave herself in life and in death.' I pay tribute to Katie and her family today.

I acknowledge and sincerely thank every donor for the ultimate gift—giving a chance at a full and long life for those needing a transplant. The sharing of donor family stories, such the story of Katie Clemmens, is very powerful in showing what a true gift organ donation is, and in raising community awareness of the importance of organ donation.

This important legislative amendment will enable more families, who would not have otherwise been able, to share their extraordinary stories with the Australian community. This is crucial to improving donation outcomes in Australia.

It is vitally important for all Australians to have a conversation with their families about what they want at the end of their life and if they want to be a donor, to register. I encourage you all to do this as soon as possible.

The ability to communicate the stories of those who have given the gift of life, and of those who have received this gift, is vital to saving lives, and improving the quality of life for more Australians. These changes will support the Organ and Tissue Authority and DonateLife agencies in more effectively achieving these goals.

I commend the bill to the House.

Debate adjourned.