Australian Capital Territory Consolidated Acts

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TRANSPLANTATION AND ANATOMY ACT 1978 - SECT 40

Consent by coroner

    (1)     This section applies to a deceased person—

        (a)     who has died in a way or in circumstances referred to in the Coroners Act 1997 , section 13 (1) (other than paragraph (f)); or

        (b)     in relation to whom a medical practitioner has not given a certificate about the cause of death; or

        (c)     in relation to whose death a coroner is required by the Attorney-General to hold an inquest.

    (2)     The designated officer for a hospital or a senior available next of kin shall not, in relation to the body of a deceased person to whom this section applies, give an authority under section 37 (1) or 38 (1), as the case may be, except with the consent of the coroner.

    (3)     Section 39 does not apply in relation to a deceased person to whom this section applies unless the coroner has given his or her permission for the body of the deceased person to be dealt with in accordance with that section.

    (4)     The coroner may give a direction that his or her consent to the removal of tissue from the body of the person is not required and, in that event, subsections (2) and (3) do not apply to or in relation to the removal of tissue from the body of the person.

    (5)     A consent or direction by the coroner under this section may be expressed to be subject to the conditions that are specified in the consent or the direction.

    (6)     A consent or direction may be given orally by the coroner, and if so given, shall be confirmed in writing.



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