CORONERS ACT 2009 - SECT 91 Warrant for exhumation of deceased's remains

CORONERS ACT 2009 - SECT 91

91 Warrant for exhumation of deceased's remains

(cf Coroners Act 1980 , s 53)

(1) A coroner may issue a warrant (an
"exhumation warrant" ) to a police officer for the exhumation of the remains of a deceased person who has been buried if the coroner considers it desirable to do so for the purpose of directing any of the following--

(a) a post mortem examination, or a further or more complete post mortem examination, of the remains (or part of the remains),

(b) a special examination or test, or a further or more complete special examination or test, of the remains (or part of the remains).

(2) Subject to subsection (3), an exhumation warrant may be issued if--

(a) an inquest concerning the death of the deceased person has not been held, or

(b) an inquest concerning the death of the deceased person has been suspended because of a person being charged with (or there being evidence that may lead to a person being charged with) an indictable offence, or

(c) an inquest concerning the death of the deceased person was terminated following a finding that the person had not died, or

(d) an inquest concerning the death of the deceased person was not completed for any other reason, or

(e) the Supreme Court has quashed an inquest concerning the death of the deceased person and ordered that a fresh inquest be held.

(3) If a previous inquest concerning the death of the deceased person has been suspended or terminated as referred to in subsection (2)(b) or (c), the coroner may not issue an exhumation warrant unless the inquest may be resumed or a fresh inquest may (or is required to be) held under this Act.

(4) A police officer to whom an exhumation warrant has been issued is to cause the warrant to be executed and, following its execution, is to report the fact to the coroner.