Google AI


Modern Australian

An opt-out system isn't the solution to Australia's low rate of organ donation

  • Written by: Neera Bhatia, Senior Lecturer in Law, Deakin University

Organ transplantation relies on the generosity of a person to volunteer their organs for donation after death, or the generosity of the family to gift or donate the organs of their deceased relative.

But last year, the organs of just 510 deceased donors were transplanted into Australian recipients. This amounts to 20.7 donations per million people and puts Australia down to 17th place for international deceased organ donation.

Last week, a parliamentary committee report on organ donation and trafficking made a number of recommendations for the Australian government, including investigating whether an opt-out system of organ donation could help increase donation rates.

Read more: Here's what Australia can do to help end the Chinese organ trade

Several countries have recently made the switch from opt-in to opt-out systems. But this hasn’t necessarily increased organ donation rates. One reason is if someone hasn’t actively opted in, their family members will still need to consent to their organs being removed. And where families don’t consent, the donation doesn’t proceed.

Opt-in vs opt-out

In Australia, a person must register to donate their organs or tissues. This is sometimes referred to as an opt-in system of organ donation.

While 69% of Australians believe organ donation is important, only one in three people are registered as organ donors.

In an attempt to boost similarly low donation rates, a number of countries – including Wales, Iceland and now England (by mid-2020) – have switched to opt-out systems.

In an opt-out system, a person is automatically presumed to have given their consent to be a donor before their death unless they had made a specific request not to donate their organs. So, organs may be taken unless people have registered an objection not to be donor, or their family members (next of kin) object. This is known as a “soft opt-out”.

Read more: How we can increase Australia's organ donation rate

In 2017, France introduced a law that requires doctors to only inform the relatives about which organs are to be procured, and not ask their permission to procure. This is an example of a “hard opt-out” system.

We believe the consent of the family members (next of kin) should always be sought if a person has not registered their consent before death for their organ to be procured.

Historically, Australian governments have been wary of adopting an opt-out system of organ donation.

Despite several states considering reforming the current organ donation system and a 2016 independent review looking at options to boost donation rates, an opt-out system was not considered preferable. We suspect this was because people tend to react negatively when their choice is taken away.

An opt-out system isn't the solution to Australia's low rate of organ donation There were just 510 deceased organ donors in Australia last year. Nimon/Shutterstock

Family consent

There is no conclusive evidence opt-out systems of organ donation increase the number of donors available.

An opt-out system is unlikely to increase donation rates without the consent of the family.

In our society, the family have always been responsible for decisions about a burial or cremation of the body of their relative. Arbitrarily violating this right would cause psychological harm and no direct benefit.

You only have to consider the anger and grief of parents in the scandal that broke out in 1999 around the non-consensual harvesting of their children’s organs at a UK hospital. It shows how devastating un-consented procurement of organs of a deceased relative would be.

There are other reasons why non-consensual organ procurement would cut across social expectations. Autopsies are now not performed routinely and if conducted are not without the consent of relatives. This further adds to the notion relatives have decision-making rights.

Are we to have an opt-out system which includes all citizens? Who would dare tell parents their dead child’s organs are to be compulsorily procured? Who would ignore the practices of certain religions which expect the deceased body to be buried intact? These are all insurmountable obstructions to hard opt-out systems.

There is significant variability in how opt-out systems work. Take Spain, for example. It introduced an opt-out system, often referred to as a presumed consent model, in 1979 and it took almost a decade before donation rates increased. Even when they did, Spain’s success was due largely to close consultation with family members, which continues today.

Brazil also introduced a presumed consent system of organ donation but abolished it after a year and a half, in late 1998. This was due to uncertainty, fear and mistrust of the medical profession prematurely declaring people dead to remove organs.

And even under the presumed consent system, the majority of doctors would only remove organs from the deceased after receiving consent from family members.

Gift of life

Opt-out systems of organ donation go against the very concept of gifting or donating. It’s taking organs without consent, as opposed to donation. It presumes consent by the deceased when none exists.

As a society, we need to normalise organ donation and dispel the fears, myths and perhaps sheer ambivalence that surrounds it.

We need to encourage innovative education programs and engagement with individuals and families to promote robust, honest and meaningful conversations about organ donation.

Read more: Organ donation campaigns could be more effective if they focused on feelings rather than facts

It may be difficult to have conversations about organ donation with families after a tragic accident or a sudden death. But, where possible, doctors should engage families in discussions about organ donation early on.

Family members should be encouraged to respect the wishes of the deceased, whether that was via the organ donation register, a prior conversation, or by any other means.

It’s unlikely there will be an adequate supply of organs to meet the demand anytime soon in Australia. There is no simple solution or quick fix to increase organ donation rates, but an opt-out system is not the answer.

Organ donation should continue to be just that – a donation. Based on the generosity and free will of the donor by virtue of a gift, and not based on a default system of taking without consent.

Authors: Neera Bhatia, Senior Lecturer in Law, Deakin University

Read more http://theconversation.com/an-opt-out-system-isnt-the-solution-to-australias-low-rate-of-organ-donation-108336

Pool and Deck Design: How to Plan the Perfect Outdoor Living Space for Your Sydney Home

For many Australians, the backyard is where life happens. Summer barbecues, weekend swims and long evenings outdoors are all part of the lifestyle, ...

Is Solar Pool Heating Worth It? What Sydney Homeowners Should Know

There's nothing quite like a backyard pool on a hot Sydney day. But once autumn rolls in, many pools sit unused for months because the water is simp...

Planning a Luxury House Move: A Week-by-Week Timeline for Prestige Sydney Homes

Selling or buying a prestige home is a major milestone. Whether it's a waterfront residence in Birchgrove, a grand Federation home in Haberfield or ...

Downsizing or Upgrading Your Caravan? Here's How to Sell It Without the Hassle

Selling a caravan can feel like a major task, especially when you are unsure about its value, paperwork, or how to find a buyer. Whether you are dow...

The Best Overseas Adventure Holidays for Australians Who Love the Outdoors

Australia offers no shortage of incredible outdoor experiences, but sometimes the best way to satisfy your sense of adventure is to head overseas. A...

Cape Town Wine Shuttle: Winelands Tasting & Tours

Embark on an unforgettable journey through the picturesque Cape Winelands, where world-class wines and breathtaking scenery await. Our Cape Town Win...

Why Giant Rats Tail Grass Keeps Coming Back After Spraying

Giant Rats Tail Grass (GRT) is one of the most frustrating pasture weeds for farmers and lifestyle property owners. You spray an infested area, see th...

When Custom Cardboard Boxes Make Sense for Your Business

Custom cardboard boxes can be useful when a standard carton does not fit a product, packing method or presentation requirement particularly well. A ...

Bottle Label Printing: Key Factors for a Professional Finish

Why the Printing Method Matters When businesses need packaging or printed containers developed for a particular application, the right supplier can m...

Virtual Livestock Fencing and GPS Tracking: Improving Visibility Across Cattle Properties

What Virtual Livestock Fencing Means for Modern Cattle Management Managing cattle across extensive properties requires more than knowing where anim...

Sydney Pawnbrokers Explained: How Hocking Your Car Actually Works

Sometimes you need cash, and you need it soon. If you own a car, you may already have a way to get it. That's what people mean when they say they've...

Moving Interstate from the Gold Coast to Brisbane (or Back)? What Removalists Wish You Knew First

Have you talked to anyone who’s done the move? They say the same thing: the drive up the M1 is the easy part. It's everything around it that catches...

Why the Spring School Holidays Are a Great Time to Visit Coffs Harbour

The spring school holidays are a good time to spend a few days on the Coffs Coast. The weather is starting to warm up, there is plenty to do outdoor...

What to Do When an Older Car Is No Longer Worth Keeping in Melbourne

Ever looked at another repair quote and wondered whether your old car is still worth the trouble? It is a common turning point for Melbourne motoris...

Your Baby's First Year: A Local Guide to Feeding, Sleep, and When to Get Extra Support

Ask ten parents in a Brisbane mothers' group how their baby is feeding or sleeping, and expect ten different answers.  Someone's baby sleeps throug...

Kitchen and Laundry Makeover Ideas That Don't Require a Full Renovation

Full kitchen renos are expensive — and most people don't actually need one.  They need the kitchen to stop looking like it's stuck in 2009, or they...

How Technology Is Reshaping the Modern Australian Commercial Kitchen

The commercial kitchen has always been shaped by technology. Refrigeration changed how ingredients could be stored, modern ventilation transformed k...

The Number on a Roller Blind Fabric That Nobody Explains

Somewhere in the fabric book, next to the colour name, there is a percentage. Three per cent. Five per cent. Ten per cent. Nobody explains it, most c...