As reported from the Health Committee
Hover your cursor over an amendment for information about that amendment. Download the PDF version to see this information in a form that can be printed out.
Hon David Clark
|3||Amendments to Compensation for Live Organ Donors Act 2016|
|4||Section 4 amended (Interpretation)|
|5||Section 9 amended (Who are qualifying donors)|
|6||Section 10 amended (Qualifying donors entitled to earnings compensation for up to 12 weeks while recuperating)|
|7||Section 29 amended (Regulations)|
|8||Schedule 1 amended|
|9||Schedule 2 amended|
|11||Section 55 amended (Functions of NZBS)|
The Parliament of New Zealand enacts as follows:
This Act is the Organ Donors and Related Matters Act 2019.
This Act comes into force on the earlier of—
a date appointed by the Governor-General by Order in Council; and
the date that is 2 years after the day on which
it receives the Royal assent.
This Part amends the Compensation for Live Organ Donors Act 2016.
In section 4, insert in their appropriate alphabetical order:
reduced hours, in relation to a qualifying donor, means the total hours of employment that the donor works over a week that are less than the donor’s usual hours
usual hours means
a qualifying donor’s average weekly hours of employment as at the application date
After section 9(2), insert:
subsection (1)(b) and (c)
does not apply if the donor surgery is undertaken as part of an overseas organ exchange programme approved by regulations.
In section 10(1)(b), replace
“his or her employment” with
“employment, or, if the donor returns to employment on reduced hours, the date that the donor resumes employment on usual hours”.
After section 10(4), insert:
Subsection (6) applies if, within the 12 weeks after the date of the donor surgery, the donor—
returns to employment on usual hours; and
is subsequently unable to continue working those hours because of the effects of the surgery; and
continues to work, but on reduced hours.
If this subsection applies, the Director-General must pay a qualifying donor earnings compensation for the period that the donor worked reduced hours within the 12 weeks after the date of the donor surgery.
In section 29(2), replace
“the recommendation” with
“a recommendation under subsection (1)”.
After section 29(2), insert:
The Governor-General may, by Order in Council made on the recommendation of the Minister of Health,
make regulations approving an overseas organ exchange programme.
making a recommendation under subsection (3), the Minister must be satisfied, for each overseas country participating in the programme, that—
the programme has been agreed between
2 or more central government agencies of the country; and
the country has ratified—
the United Nations Convention against Transnational Organized Crime; and
the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.
In Schedule 1, after clause 5, insert:
In this Part,—
amendment Act means the Organ Donors and Related Matters Act 2019
former section 10 means section 10 of this Act immediately before it was amended by the amendment Act
new section 10 means section 10 of this Act as amended by the amendment Act.
New section 10 applies to a person who,—
before the commencement
of the amendment Act, had received compensation under former section 10 as a qualifying donor; and
during the payment period,—
returned to employment on reduced hours; or
after returning to employment on usual hours, worked reduced hours because of the effects of the surgery.
The person may apply to the Director-General for additional compensation under new section 10 for the period during which the person worked those reduced hours.
In Schedule 2, clause 2(b), after
“clause 3”, insert
In Schedule 2, after clause 3, insert:
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.
In setting a rate under subclause (1), the Director-General must—
take into account the additional
income received by the qualifying donor as a result of the donor returning to employment on reduced hours; and
be satisfied that the qualifying donor’s
financial position is the same—
immediately before the start of the payment period; and
during the payment period; and
have regard to the evidence available of the donor’s earnings.
This Part amends the New Zealand Public Health and Disability Act 2000.
After section 55(1)(b), insert:
to provide oversight and clinical governance of the organ donation
and transplantation system and to manage any related or incidental matters, in accordance with its statement of intent (including the statement of forecast service performance) and (subject to section 65) any directions given under the Crown Entities Act 2004; and
13 March 2019
Introduction (Bill 117–1)
2 April 2019
First reading and referral to Health Committee
1 Ministry of Health, Increasing Deceased Organ Donation and Transplantation: A national strategy, June 2017.