Currently under NSW law consent for interventions that are not for the benefit of a patient can only be provided by that patient while they are alive. This would include ante mortem interventions for organ donation. Most potential donors are critically ill and are unable to provide consent.

To permit the patient’s senior available next of kin to provide consent to the use of ante mortem interventions, changes will be required to NSW law.

The NSW Health Ministry has published online a discussion paper with invitations for submissions by 30 January 2017.