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CORONERS ACT 1980 - SECT 48A Objection to post mortem examination by senior next of kin

This legislation has been repealed.

CORONERS ACT 1980 - SECT 48A

Objection to post mortem examination by senior next of kin

48A Objection to post mortem examination by senior next of kin

(1) A deceased person's senior next of kin may, by notice in writing, request a coroner or an assistant coroner not to direct a post mortem examination of the remains of the deceased person.
(2) If such a request is made, an assistant coroner must not make any further decision concerning the performance of the post mortem examination but must refer the matter to a coroner.
(3) If the coroner decides that the post mortem examination is necessary or is desirable in the public interest, 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 must:
(a) indicate the earliest time at which the post mortem examination may be performed, and
(b) state that the senior next of kin may apply to the Supreme Court for an order that no post mortem examination of the remains of the deceased person be performed.
(5) Unless the coroner believes the post mortem examination must be performed immediately, the post mortem examination must not be performed until 48 hours after the senior next of kin has been given notice of the decision.
(6) Within 48 hours after the notice has been given to the senior next of kin, the senior next of kin may apply to the Supreme Court, in accordance with rules of court, for an order that no post mortem examination of the remains of the deceased person be performed.
(7) The making of the application to the Supreme Court operates to stay the operation of the coroner's order for the performance of the post mortem examination.
(8) The Supreme Court may make an order that:
(a) no post mortem examination, or
(b) a partial post mortem examination,
be performed if it is satisfied that it is desirable in the circumstances.
(9) A senior next of kin of a deceased person may, by instrument in writing, authorise another person to exercise his or her functions as senior next of kin under this section.
(10) In such a case, the person so authorised:
(a) may make a request referred to in subsection (1) if a copy of his or her authority to exercise the functions of the senior next of kin is provided to the coroner or assistant coroner concerned with that request, and
(b) is taken, for the purposes of this section (other than subsection (9)), to be the senior next of kin of the deceased person.