Australian Capital Territory Consolidated Acts

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TRANSPLANTATION AND ANATOMY ACT 1978 - SECT 38

Authority for anatomy if body of deceased not at hospital

    (1)     Subject to this part, if the body of a deceased person is at a place other than a hospital, the senior available next of kin of the deceased person may, in writing, authorise the retention and use of the body of the deceased person at a school of anatomy—

        (a)     for the purpose of anatomical examination; or

        (b)     for the purpose of the use of the body for the study and teaching of the anatomy of the human body.

    (2)     If it appears to the senior available next of kin of the deceased person, after making the inquiries (if any) that are reasonable in the circumstances, that—

        (a)     the deceased person had, during his or her lifetime, expressed an objection to the retention of his or her body for a purpose referred to in subsection (1) and had not withdrawn that objection; or

        (b)     another next of kin of the same or a higher order of the classes in the dictionary, the definition of "senior available next of kin", paragraph (a) or (b) has an objection to the retention of the body of the deceased person for that purpose;

the senior available next of kin shall not, under subsection (1), authorise the retention and use of the body of the deceased person for that purpose at a school of anatomy.



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