HUMAN TISSUE ACT 1982 - SECT 28 Authority for post-mortem

HUMAN TISSUE ACT 1982 - SECT 28

    (1)     Subject to this Part, where the body of a deceased person is in a hospital and it appears to a designated officer for the hospital, after making such inquiries as are reasonable in the circumstances, that the deceased person—

        (a)     had, at any time, in writing; or

        (b)     had, during his last illness, orally in the presence of two witnesses—

expressed the wish for, or consented to, a post-mortem examination of his body, the designated officer may, by writing signed by him, authorize a post-mortem examination of the body of the deceased person.

S. 28(2) amended by No. 23/1994 s. 118(Sch.  1 item 27.15).

    (2)     Subject to this Part, where the body of a deceased person is in a place other than a hospital and it appears to a registered medical practitioner, after making such inquiries as are reasonable in the circumstances, that the deceased person—

        (a)     had, at any time, in writing; or

        (b)     had, during his last illness, orally in the presence of two witnesses—

expressed the wish for, or consented to, a post-mortem examination of his body, the registered medical practitioner is authorized to carry out a post-mortem examination of the body of the deceased person.

S. 28(3) amended by No. 23/1994 s. 118(Sch.  1 item 27.15).

    (3)     Subject to this Part—

        (a)     where the body of a deceased person is in a hospital and it appears to a designated officer for the hospital; or

S. 28(3)(b) amended by No. 23/1994 s. 118(Sch.  1 item 27.15).

        (b)     where the body of a deceased person is in a place other than a hospital and it appears to a registered medical practitioner—

after making such inquiries as are reasonable in the circumstances, that—

S. 28(3)(c) amended by No. 23/1994 s. 118(Sch.  1 item 27.15).

        (c)     the designated officer is not authorized by subsection (1) to give an authority in respect of the body of the deceased person and the registered medical practitioner is not authorized by subsection (2) to carry out a post-mortem examination of the body of the deceased person; and

S. 28(3)(d) amended by No. 23/1994 s. 118(Sch.  1 item 27.15).

        (d)     the senior available next of kin of the deceased person makes it known to the designated officer or registered medical practitioner that he consents to a post-mortem examination of the body of the deceased person—

the designated officer may, by writing signed by him, authorize a post-mortem examination of the body or the registered medical practitioner is authorized to carry out a post-mortem examination of the body.

S. 28(4) amended by No. 23/1994 s. 118(Sch.  1 item 27.15).

    (4)     A designated officer for a hospital shall not give an authority under subsection (3) and a registered medical practitioner shall not carry out a post-mortem examination under subsection (3) if he has reason to believe that the deceased person—

        (a)     had, at any time in writing; or

        (b)     had, at any time during his last illness, orally in the presence of two witnesses—

expressed an objection to a post-mortem examination of his body.

S. 28(5) amended by No. 23/1994 s. 118(Sch.  1 item 27.15).

    (5)     Where a designated officer for a hospital or a registered medical practitioner, after making such inquiries as are reasonable in the circumstances, is unable to ascertain the existence or whereabouts of the next of kin of the deceased person, subsection (3) applies as if paragraph (d) of that subsection were omitted.

S. 28(6) amended by No. 23/1994 s. 118(Sch.  1 item 27.15).

    (6)     The senior available next of kin of a person, if he has no reason to believe that the person had expressed an objection to a post-mortem examination of his body, may make it known to a designated officer of a hospital or to a registered medical practitioner at any time before the death of the person that he consents to a post-mortem examination of the body of the person.

S. 28(7) amended by No. 23/1994 s. 118(Sch.  1 item 27.15).

    (7)     A designated officer for a hospital who gives an authority under subsection (1) for a post-mortem examination of the body of a deceased person and a registered medical practitioner who carries out a post-mortem examination under subsection (2) of the body of a deceased person shall forthwith advise the senior available next of kin of the deceased person that he has authorized or carried out the post-mortem examination in accordance with the wish or consent of the deceased person.

    (8)     Where there are two or more persons having a description referred to in a subparagraph of paragraph (a) or (b) of the definition of senior available next of kin in section 3, the consent of any one of those persons has effect for the purposes of this section notwithstanding any indication to the contrary by the other or any other of those persons.

S. 28A inserted by No. 59/2006 s. 10.