Victorian Consolidated Legislation

Human Tissue Act 1982 - SECT 32

PART VI DONATIONS FOR ANATOMICAL PURPOSES

Authority for anatomy

32. Authority for anatomy



(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, the retention after his death of his
body-

   (c)  for the purpose of anatomical examination; or

   (d)  for the purpose of the use of his body for the study and teaching of
        the anatomy of the human body-

the designated officer may, by instrument in writing, authorize the retention
and use of the body of the deceased person for any of those purposes.

(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, the retention after his death of his
body-

   (c)  for the purpose of anatomical examination; or

   (d)  for the purpose of the use of his body for the study and teaching of
        the anatomy of the human body-

the registered medical practitioner may, by instrument in writing, authorize
the retention and use of the body of the deceased person for any of those
purposes.

(3) Subject to this Part-

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

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

after making such inquiries as are reasonable in the circumstances that-

   (c)  the designated officer or registered medical practitioner is not
        authorized by subsection (1) or (2) to give an authority in respect of
        the body of the deceased person; and

   (d)  the senior available next of kin of the deceased person makes it known
        to the designated officer that he consents to the retention and use of
        the body of the deceased person for any of those purposes-

the designated officer or registered medical practitioner may, by writing
signed by him, authorize the retention and use of the body of the deceased
person for any of the purposes referred to in paragraphs (c) and (d) of
subsection (1).

(4) A designated officer for a hospital or a registered medical practitioner
shall not give an authority under subsection (3) if he has reason to believe
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 an objection to the retention and use of his body for any of the
purposes referred to in paragraphs (c) and (d) of subsection (1).

(5) Where a designated officer for a hospital or a registered medical
practitioner, after making such enquiries 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.

(6) The senior available next of kin of a person may make it known to a
designated officer for a hospital or a registered medical practitioner at any
time when the person is unconscious before death that he consents to the
retention after the death of the person of the body of the person for any of
the purposes referred to in paragraphs (c) and (d) of subsection (1), but the
designated officer or registered medical practitioner shall not act on such an
indication if the person recovers consciousness.

(7) A designated officer for a hospital or a registered medical practitioner
who gives an authority under subsection (1) or (2) for the retention and use
of the body of a deceased person shall forthwith advise the senior available
next of kin of the deceased person that he has authorized the retention and
use of the body of the deceased person 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 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.