CORONERS ACT 2009 - SECT 97 Applications to Supreme Court by senior next of kin

CORONERS ACT 2009 - SECT 97

97 Applications to Supreme Court by senior next of kin

(cf Coroners Act 1980 , s 48A(6)-(8))

(1) A senior next of kin to whom a notice has been given under section 96(3) may apply to the Supreme Court within 48 hours after the notice was given for an order that a relevant post mortem investigative function not be exercised.

(2) The making of the application to the Supreme Court operates to stay the operation of any order or direction of the coroner for the exercise of the relevant post mortem investigative function.

(3) On any such application, the Supreme Court may make any of the following orders if the Court is satisfied that it is necessary or desirable in the circumstances to do so--

(a) in the case of an application concerning a post mortem examination being conducted on a deceased person--

(i) an order that the post mortem examination not be conducted, or

(ii) an order that a post mortem examination be conducted subject to such limitations as the Court may specify in the order, or

(iii) an order confirming the direction of the coroner,

(b) in the case of an application concerning the retention of a whole organ of a deceased person--

(i) an order that the whole organ not be retained, or

(ii) an order confirming the order of the coroner.