Compensation for Live Organ Donors

The Compensation for Live Organ Donors Act was passed on 5 December 2016. It came into effect on 5 December 2017.

About the Compensation for Live Donors Act

The purpose of this Act is to provide earnings compensation to people who donate kidney or liver tissue for transplantation purposes.

The Act:

  • sets out the criteria for being eligible for compensation
  • gives eligible donors an entitlement to compensation for loss of earnings from employment while they recuperate from their donor surgery for a period of up to 12 weeks
  • provides for discretionary earnings compensation in limited circumstances relating to loss of earnings in the lead up to donor surgery.

The Director-General of Health is responsible for administering the provisions of the Act.

The Organ Donors and Related Matters Act (ODRM Act) came into effect on 17 November 2019.

Part 1 of the ODRM Act makes changes to the Compensation for Live Organ Donors Act 2016 to provide for the payment of compensation for loss of earnings to the following live donors who weren’t previously eligible for compensation:

  • Donors who donate a kidney that is allocated to Australia for transplant under the Australian and New Zealand Paired Kidney Exchange Program, and who are registered with the New Zealand Kidney Exchange Programme.
    Donors in these circumstances who donated before the ODRM Act came into effect may be eligible for backdated compensation.
  • Donors who return to work on reduced hours during the compensation period or who returned to work on usual hours but had to reduce their hours of work within the 12 weeks following their surgery because of the effects of the surgery.
    Previous donors in these circumstances may be eligible for backdated compensation.
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