New Zealand Law Society - Organ Donor Bill has third reading

Organ Donor Bill has third reading

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The Organ Donors and Related Matters Bill had its third reading on 12 November 2019. The bill was introduced on 13 March 2019 by Minister for Health (Māori Health) Peeni Henare.

The bill is an omnibus bill that will enable the implementation of a number of recommendations set out in Increasing Deceased Organ Donation and Transplantation: A National Strategy (2017) that are aimed at increasing New Zealand’s deceased organ donation and transplantation rates.

Part 1 amends the Compensation for Live Donors Act 2016 in regard to earnings compensation for qualifying donors who are unable to work their usual hours as they recuperate from donor surgery inserting subsections 5 and 6 in section 10 of the Act. These subsections aim to encourage donors to transition to their usual hours of work by allowing compensation for lost earnings if they return to work at reduced hours.

Clause 7 amends s29 (the regulations) by inserting subsections (3) and (4) which provide that the Governor-General may, by Order in Council on the recommendation of the Minister of Health, make regulations approving an overseas organ exchange programme.

Clause 9 amends Schedule 2 inserting clause 3A which provides that the Director-General may decrease the rate of earnings compensation for a qualifying donor if, during the payment period the qualifying donor returns to employment on reduced hours.

Part 2 amends the New Zealand Public Health and Disability Act 2000 with a consequential amendment to the Health Sector (Transfers) Act 1993.

Clause 11 would expand the functions of the New Zealand Blood and Organ Service (NZBOS) to include oversight and clinical governance of the organ donation and transplantation system

Part 1 comes into force on the day after the date on which the Act receives the Royal assent. Part 2 comes into force on the earlier of a date appointed by the Governor-General by Order in Council: and is the date that is 2 years after the day on which the Act receives the Royal assent.