New South Wales Consolidated Acts

CORONERS ACT 2009 - SECT 101

101 Order authorising disposal of human remains

(cf Coroners Act 1980 , s 53B (1)-(3) and (5))

(1) A coroner may, by order in writing, authorise the disposal of human remains.

(2) Without limiting subsection (1), the order may be made by a coroner who:

(a) is holding, has held or is intending to hold an inquest in respect of the death, or

(b) has dispensed with the holding of an inquest in respect of the death.

(3) If the remains are that of a stillborn child and a medical practitioner has not certified the cause of death of the child, the order may be made by a coroner who has been informed by a police officer of the stillbirth and who is, after consideration of any information in the possession of the coroner, satisfied as to the occurrence of the stillbirth.

Note: A post mortem investigation direction may be given by a coroner to an appropriate medical investigator under section 89 (2) for the conduct of an examination of human remains for the purpose of determining whether the remains are those of a stillborn child.

(4) If an order is made under subsection (1) authorising the disposal of human remains and it is established at an inquest that the remains were those of a stillborn child, the order is valid and is taken to have been made under subsection (3).