Queensland Consolidated Acts

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CORONERS ACT 2003 - SECT 19

19 Order for autopsy

(1) This section does not apply if a coroner--

(a) has stopped investigating a death under section 12(2)(a), (b), (d) or (e); or
(b) is investigating a suspected death under section 11(6).

(2) As part of the investigation of a death or to find out whether a body is that of a stillborn child, a coroner--

(a) if burial of the body has not happened--must order a doctor to perform an autopsy; or
(b) otherwise--may order a doctor to perform an autopsy.

(3) The autopsy may consist of--

(a) for a body that has been cremated--an examination of the cremated remains of the body; or
(b) for a body that has not been cremated--
(i) an external examination of the body; or
(ii) an external and partial internal examination of the body; or
(iii) an external and full internal examination of the body.
Example of a partial internal examination--
If the only apparent injuries to a deceased person's body are to the person's head, the coroner may consider it appropriate that only the person's head be examined internally.

(4) The coroner must state in the order the type of examination to be conducted.

(5) Before ordering an internal examination of the body, the coroner must, whenever practicable, consider at least the following--

(a) that in some cases a deceased person's family may be distressed by the making of this type of order, for example, because of cultural traditions or spiritual beliefs;
(b) any concerns raised by a family member, or another person with a sufficient interest, in relation to the type of examination to be conducted during the autopsy.

(6) If, after considering any concern mentioned in subsection (5)(b), the coroner decides it is still necessary to order the internal examination, the coroner must give a copy of the order to the person who raised the concern.

(7) The coroner must direct the order to 1 of the doctors who is listed in the guidelines and has the necessary skills to conduct the autopsy having regard to the particular circumstances of the case.

Example--
Particular doctors may have the necessary skills to conduct autopsies on adults but not on children.

(8) However, the coroner must not allow--

(a) a person to conduct or help at the autopsy if the person is accused, by someone on oath before a coroner, of causing the deceased person's death; or
(b) an attending doctor to conduct the autopsy, unless the coroner considers it is impracticable to do otherwise.

(9) A coroner may make an order under this section even if--

(a) an autopsy has previously been conducted on the body, either under this Act or under another lawful authority; or
(b) a cause of death certificate has issued for the deceased person; or
(c) the death has previously been investigated under this Act; or
(d) the death was reported to the coroner on or after 1 December 2003 but before the commencement of the Justice and Other Legislation Amendment Act 2005, section 47.


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