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CORONERS ACT 1980 - SECT 48 Post mortem or other examination may be ordered by coroner

This legislation has been repealed.

CORONERS ACT 1980 - SECT 48

Post mortem or other examination may be ordered by coroner

48 Post mortem or other examination may be ordered by coroner

(1) A coroner may, either before commencing or after commencing and before completing an inquest concerning the death of a person, by order in writing, direct:
(a) any medical practitioner to perform a post mortem examination of the remains of that person, and
(b) the same or any other medical practitioner or any other person who the coroner considers has sufficient qualifications to do so, to make a special examination or test, specified in the order, of the remains of that person or of the contents of the person's body or any part thereof, or of such other matters or things as the coroner considers ought to be examined for the purpose of the inquest,
and to furnish, as soon as practicable, a report of the examination or test to the coroner.
(1A) The purpose of the post mortem examination, or other examination or test, is to assist in the investigation of any of the following matters, subject to any limitations specified in the coroner's order:
(a) the identity of the deceased person,
(b) the date and place of death of the deceased person,
(c) the manner or cause of death of the deceased person.
(2) Where it appears to a coroner that the death of a person was probably caused, partly or entirely, by improper or negligent treatment by a medical practitioner or other person, the coroner shall not issue an order under subsection (1) relating to that person to that medical practitioner or other person, but shall, where the coroner issues such an order, cause that medical practitioner or other person to be informed either verbally or in writing that an order under subsection (1) relating to that person has been issued and of the name and address of the medical practitioner or other person to whom the order has been issued.
(3) A medical practitioner or other person so informed shall not carry out or assist in carrying out an order under subsection (1) relating to the deceased person but shall if he or she attends at the time and place that the order is being carried out be entitled to be present while the order is being carried out.
(4) 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.