New South Wales Consolidated Acts

HUMAN TISSUE ACT 1983 - SECT 29

29 Authority for post-mortem examination where body of deceased not at a hospital

(1) If the body of a deceased person (other than a deceased child) is at a place other than a hospital, the post-mortem examination of that person’s body is authorised if:

(a) the deceased person had, during the person’s lifetime, given his or her consent in writing to the post-mortem examination of the person’s body after the person’s death, and

(b) the consent had not been revoked.

(2) The authority conferred by subsection (1) is subject to the terms and any conditions of the consent referred to in that subsection.

(3) If the body of a deceased person is at a place other than a hospital, a senior available next of kin of the person may, by instrument in writing, authorise the post-mortem examination of the person’s body.

(4) A senior available next of kin must not grant an authority under subsection (3) if it appears to the senior available next of kin, after making such inquiries as are reasonable in the circumstances, that:

(a) the deceased person had, during the person’s lifetime, expressed an objection to the post-mortem examination of the person’s body and had not withdrawn that objection, or

(b) another next of kin of the same or higher order of the classes in paragraph (a) or (b) of the definition of "senior available next of kin" in section 4 (1) objects to the post-mortem examination of the person’s body.

Maximum penalty: 10 penalty units.