CORONERS ACT 2009 - SECT 96 Objections by senior next of kin to exercise of relevant post mortem investigative functions

CORONERS ACT 2009 - SECT 96

96 Objections by senior next of kin to exercise of relevant post mortem investigative functions

(cf Coroners Act 1980 , s 48A(1)-(5))

(1) A senior next of kin of a deceased person may, by notice in writing, request a coroner or an assistant coroner not to exercise a relevant post mortem investigative function in relation to the deceased person.

(2) If such a request is made, an assistant coroner must not make any further decision concerning the exercise of the relevant post mortem investigative function but must refer the matter to a coroner.

(3) If the coroner decides that the post mortem examination or whole organ retention concerned is necessary or is desirable, the coroner must immediately cause written notice of that decision to be given to the senior next of kin who made the request.

(4) The notice under subsection (3) must--

(a) if the objection relates to the conduct of a post mortem examination--indicate the earliest time at which the post mortem examination may be conducted (being a time that is not earlier than 48 hours after the senior next of kin has been given the notice), and

(b) state that the senior next of kin may apply to the Supreme Court for an order that a post mortem examination not be conducted or a whole organ not be retained (as the case requires).

(5) The coroner may refuse a request made by the senior next of kin of a deceased person for a post mortem examination not to be conducted on the deceased person if the coroner is satisfied that the senior next of kin has been, or may be, charged with an offence in connection with the deceased person's death.

(6) Nothing in subsection (5) prevents another senior next of kin of the deceased person from making a request that a post mortem examination not to be conducted on the deceased person.