Victorian Consolidated Legislation

Human Tissue Act 1982 - SECT 27

Consent by a coroner

27. Consent by a coroner



(1) If the designated officer for a hospital or, in a case to which section
26(2) applies, the registered medical practitioner or the authorized person
has reason to believe that the circumstances applicable in relation to the
death of a person are such that a coroner has jurisdiction under the
Coroners Act 1985 to investigate the death of the person, the designated
officer or the registered medical practitioner or the authorized person, as
the case may be, shall not authorize the removal of or remove tissue from the
body of the deceased person unless a coroner has given his consent to the
removal.

(2) Section 26(2) does not operate in a case in which a coroner has or may
have jurisdiction under the Coroners Act 1985 to investigate the death of a
person unless a coroner has given his consent to the removal of tissue from
the body of the deceased person.

(3) A coroner may give a direction either before or after the death of a
person that his consent to the removal of tissue from the body of the person
after the death of the person is not required and, in that event, subsection
(1) does not apply to or in relation to the removal of tissue from the body of
the person.

(4) A consent or direction by a coroner under this section may be expressed to
be subject to such conditions as are specified in the consent or the
direction.





(5) A consent or direction may be given orally by a coroner, and if so given,
shall be confirmed in writing.

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