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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 157 Notice of and objection to autopsy

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 157

Notice of and objection to autopsy

    (1)     The Chief Health Officer must immediately give notice in writing of the decision to perform an autopsy to the senior next of kin of the deceased.

    (2)     Unless the Chief Health Officer believes that an autopsy must be performed immediately, the autopsy must not be performed until 48 hours after the senior next of kin has been given notice of the decision.

    (3)     Within 48 hours after the senior next of kin has been given notice of the decision, the senior next of kin may apply to the Supreme Court for an order that no autopsy be performed.

    (4)     The Supreme Court may make an order that no autopsy be performed if the Supreme Court is satisfied that an autopsy should not be performed in the circumstances.

S. 157(5) amended by No. 77/2008 s. 129(Sch.  2 item 21.4)

    (5)     In this section, "senior next of kin" in relation to a deceased person, has the same meaning as in the Coroners Act 2008 .

Pt 8 Div. 10 (Heading and ss 158165) amended by No. 63/2010 s. 81(Sch. item 9.2), repealed by No. 7/2022 s. 73.

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Pt 8A (Headings and ss 165A165CX) inserted by No. 53/2021 s. 12.

Part 8A—Protection of life and public health during pandemics

Division 1—Objective and interpretation

S. 165A inserted by No. 53/2021 s. 12.