Organ and tissue donation occur a short time after the pronouncement of death, and it is essential that the intentions of the deceased are known to the next of kin. The Transplantation and Anatomy Act 1983 (SA) [s 5] provides that decisions concerning organ and tissue donation can be made by, in order of priority, the person's:

Consent is sought from the senior available next of kin for organ and tissue donation, therefore specific conditions in a will or Advance Care Directive should be made known to that person. Practically, donation agencies may not proceed with organ and/or tissue donation where the senior available next of kin refuses consent.

People considering donating organs or tissues should:

While the Act provides for donation following deaths both in hospital settings and out of hospitals [ss 21, 22], currently in South Australia most organs and tissue can be accepted for transplantation or grafting only if death occurs under certain clinical circumstances in hospital due to the practical, clinical and technical requirements [see Organ and tissue donation for health professionals]. There are some tissues, such as eye tissue, which can be accepted even where the death occurred outside of a hospital provided that practical and technical requirements are met (for example, the need to collect eye tissue within 24 hours of death). All potential organ and tissue donors are screened prior to any donation.

The legal meaning of death under the Death (Definition) Act 1983 (SA) applies to organ and tissue donation. The irreversible cessation of all functions of the brain is commonly called brain death [s 2a]. These patients are maintained in an Intensive Care Unit and depend on a respirator (supportive treatment). They are able to donate vascular organs such as kidneys, liver, heart, lungs and pancreas due to the supply of oxygenated blood to the organs. Brain dead patients are also able to donate tissues such as corneas (eyes), bone and skin, which do not deteriorate without a blood supply.

Tissue donation can occur when there is cessation of the circulation of blood [circulatory death, s 2b] and occurs in the operating theatre after the organ donation, or in the mortuary.

The disposal of the body is the responsibility of the executor or administrator of the estate. Organ and tissue donation does not delay any funeral arrangements.