CORONERS ACT 2009 - SECT 89 Coroner may give certain post mortem investigation directions

CORONERS ACT 2009 - SECT 89

89 Coroner may give certain post mortem investigation directions

(cf Coroners Act 1980 , ss 48, 49 and 53B(4))

(1) A coroner may, by written order, give any one or more of the following directions (a
"post mortem investigation direction" ) to an appropriate medical investigator if the coroner considers that it is necessary or desirable to do so for the purpose of assisting in the investigation of the death of a deceased person under this Act--

(a) a direction that the investigator conduct (or arrange for another person to conduct) a post mortem examination on the remains of the deceased person,

(b) a direction that the investigator conduct (or arrange for another person to conduct) a special examination or test specified in the direction of--

(i) the remains of the deceased person, or

(ii) the contents of the person's body or any part of the person's body, or

(iii) such other matters or things as the coroner considers ought to be examined for the purpose of coronial proceedings (including, without limitation, any tissue taken from the deceased person before the person's death),

(c) a direction that the investigator conduct (or arrange for another person to conduct) a review of the medical records of the deceased person, which may include consultations with medical practitioners involved in the treatment of the deceased person,

(d) if it appears to the coroner that the cause of death of the deceased person has not been satisfactorily explained by a report given pursuant to a previous post mortem investigation direction (whether given by the same investigator or another person)--a direction that the investigator conduct (or arrange for another person to conduct) another examination, test or review of the kind referred to in paragraph (a), (b) or (c) (whether or not it is of the same kind as that specified in the previous direction).

(2) In addition to the kinds of directions referred to in subsection (1), the coroner may also give a post mortem investigation direction to an appropriate medical investigator that directs the investigator to conduct (or arrange for another person to conduct) an examination of human remains for the purpose of determining whether the remains are those of a stillborn child.

(3) An
"appropriate medical investigator" for the purposes of a post mortem investigation direction is any of the following persons--

(a) a Coronial Medical Officer,

(b) a pathologist,

(c) any other person that the coroner considers has appropriate qualifications to conduct (or has the capacity to arrange for another appropriately qualified person to conduct) the examination, test or review specified in the direction.

(4) A post mortem investigation direction is subject to such limitations (if any) as may be specified in the order.

(5) The following provisions apply in relation to a post mortem investigation direction that requires or permits an appropriate medical investigator to arrange for another person to conduct an examination, test or review specified in the direction--

(a) the investigator may (subject to any limitations specified in the direction) arrange for a person (the
"selected person" ) to conduct the examination, test or review if the investigator considers that the person has appropriate qualifications to do so,

(b) the selected person is authorised to conduct the examination, test or review on behalf of the investigator,

(c) the investigator may, for the purposes of subsection (7), rely on any report prepared by the selected person on the examination, test or review.

(6) Without limiting subsection (1), a coroner may decide to dispense with a post mortem examination on a deceased person if the coroner is satisfied (after obtaining relevant advice from police officers and medical practitioners and consulting with a senior next of kin of the deceased person and any other person that the coroner considers appropriate) that--

(a) the deceased person died of natural causes (whether or not the precise cause of death is known), and

(b) a senior next of kin of the deceased person has indicated to the coroner that it is not the wish of the deceased person's family that a post mortem examination be conducted on the deceased to determine the precise cause of the deceased's death.

(7) A person to whom a post mortem investigation direction is given must, as soon as is reasonably practicable after the examination, test or review specified in the direction is completed, provide the coroner with a written report (a
"post mortem investigation report" ) on the results of the examination, test or review.

(8) If a post mortem investigation report relates to a review of the medical records of a deceased person, the report is to contain a statement from the person who conducted the review about the person's opinion (if any) as to the probable cause of death based on that review.

(9) An assistant coroner may, in accordance with the directions of a coroner given either generally or in a particular case, exercise any function of the coroner under this section.