Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) Subject to section 34, if it appears to a designated officer for a hospital, after making the inquiries that are reasonable in the circumstances, that a deceased person who has died in the hospital or whose dead body has been brought into the hospital—
(a) had, during his or her lifetime, expressed the wish for, or consented to, a post-mortem examination of his or her body for the purpose of investigating the cause of his or her death; and
(b) had not withdrawn the wish or revoked the consent;
the designated officer may, in writing, authorise a post-mortem examination of the body of the deceased person for that purpose.
(2) Subject to section 34, if it appears to a designated officer for a hospital, after making the inquiries that are reasonable in the circumstances in relation to a deceased person who has died in the hospital or whose dead body has been brought into the hospital, that—
(a) the designated officer is not authorised by subsection (1) to give an authority in relation to that person; and
(b) the deceased person had not, during his or her lifetime, expressed an objection to the post-mortem examination of his or her body; and
(c) the senior available next of kin of the deceased person has not objected to a post-mortem examination of the body of the deceased person;
the designated officer may, in writing, authorise a post-mortem examination of the body of the deceased person for the purpose of investigating the cause of the death of that person.
(3) If a designated officer for a hospital, after making the inquiries that are reasonable in the circumstances, is unable to ascertain the existence or whereabouts of the next of kin of the deceased person, subsection (2) applies as if paragraph (c) of that subsection were omitted.
(4) The senior available next of kin of a person may make it known to a designated officer at any time when the person is unconscious before death that he or she has no objection to a post-mortem examination of the body of the person, but the designated officer shall not act on such an indication if the person recovers consciousness.
(5) If there are 2 or more persons having a description referred to in the dictionary, definition of "senior available next of kin", paragraph (a) or (b), an objection by any 1 of those persons has effect for this section notwithstanding any indication to the contrary by the other or any other of those persons.