This Act creates a licensing regime for institutions and individuals who conduct anatomical examinations of human bodies or tissue, imposing premises, consent and recordkeeping rules, inspector oversight, and time limits on retention. It channels authorisation through prior consent, designated officers or senior next‑of‑kin (with coroners able to intervene), obliges licence‑holders to keep registers and follow disposal timelines, and attaches penalties for non‑compliance—affecting hospitals, universities, research bodies and funeral services.
Mechanically, the Anatomy Act 1977 (as reproduced in the supplied text) regulates the possession and use of dead human bodies for anatomical examination in New South Wales. The Act establishes a licensing regime for persons who conduct anatomical examinations (s 6). It sets out who may authorise the use of a body for anatomical examination, how and when bodies and human tissue may be transferred between places and persons (ss 8, 8A, 8C, 11, 11A), the duties of licence-holders to record and retain particulars (s 10), time limits for retention and disposal of bodies and tissue (s 12), and inspection and enforcement mechanisms (ss 7, 10(2), 12(2), 14). The Act also prescribes criminal penalties for specified contraventions and directs that proceedings be dealt with summarily in the Local Court (ss 14, 16).
Key specific mechanical features in the text:
Licensing: the Director‑General of the Department of Health may issue licences to persons in charge of anatomical examinations at universities, colleges, schools, research or medical institutions; licences are subject to terms and conditions and may be revoked (s 6).
Who may authorise an anatomical examination: designated officers in hospitals or forensic institutions may authorise where there is written consent from the deceased in life, or, where that is not present, a senior available next of kin may consent after appropriate inquiries (s 8). Where the body is not at a hospital or forensic institution, written consent from the deceased or written authorisation by a senior available next of kin authorises the examination (s 8A).
Coroner overlay: where the coroner has jurisdiction to hold an inquest, coroner consent is required before a designated officer or senior available next of kin may authorise an anatomical examination (s 8B). The coroner may attach conditions and oral consent must be confirmed in writing (s 8B(4)-(5)).
Current sections
Direct links to the current provisions in Anatomy Act 1977.
(1) This section and section 1 shall commence on the date of assent to this Act.
(2) Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
3
3
3 (Repealed)
4
Definitions
4 Definitions
4 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
anatomical examination of a body includes use of the body for medical or scientific purposes.
Note—
However, an anatomical examination does not include a post mortem examination that is required, directed or authorised as provided by section 5.
body means dead human body.
child means a person who has not attained the age of 18 years and who is not married.
designated officer means:
(a) in relation to a hospital, a person appointed for the time being under section 5 (1) (a) of the Human Tissue Act 1983 to be a designated officer for the hospital, or
(b) in relation to a forensic institution, a person appointed for the time being under section 5 (3) of the Human Tissue Act 1983 to be a designated officer for the forensic institution.
Director-General means the Director-General of the Department of Health.
dispose, in relation to a body, means dispose of the body by burial, cremation or other lawful means.
exercise a function includes perform a duty.
forensic institution means:
(a) an institution that is under the control of a public health organisation (within the meaning of the Health Services Act 1997), or
human tissue means an organ or other part of a body.
inspector means inspector appointed under section 7 (1).
licence means licence in force under section 6.
licensed premises means a place specified in a licence at which the holder of the licence may conduct anatomical examinations.
next of kin means:
(a) in relation to a deceased child—a person referred to in paragraph (a) of the definition of senior available next of kin, and
(b) in relation to any other deceased person—a person referred to in paragraph (b) of that definition.
register means register required to be kept under section 10.
regulation means regulation made under this Act.
senior available next of kin means:
(a) in relation to a deceased child:
(i) a parent of the child,
(ii) where a parent of the child is not available—a brother or sister of the child, being a brother or sister who has attained the age of 18 years, or
(iii) where no person referred to in subparagraph (i) or (ii) is available—a person who was a guardian of the child immediately before the death of the child, and
(b) in relation to any other deceased person:
(i) a person who was a spouse of the deceased person immediately before the deceased person’s death,
(ii) where the deceased person, immediately before death, had no spouse or the deceased person had a spouse but the person who was then the deceased person’s spouse is not available—a son or daughter (if any) of the deceased person, being a son or daughter who has attained the age of 18 years,
(iii) where no person referred to in subparagraph (i) or (ii) is available—a parent of the deceased person, or
(iv) where no person referred to in subparagraph (i), (ii) or (iii) is available—a brother or sister of the deceased person, being a brother or sister who has attained the age of 18 years.
(2) In this Act:
(a) a reference to a parent of a person includes a reference to a step-parent or adoptive parent of the person,
(b) a reference to a son or daughter of a person includes a reference to any person of whom the person is a parent,
(c) a reference to a brother or sister of a person includes a reference to any person who is a son or daughter of a parent of the person, and
(d) a reference to a spouse of a person is a reference to:
(i) a person to whom the person is legally married (including a husband or wife of the person), or
(ii) the person’s de facto partner,
but where more than one person would so qualify as a spouse, is a reference only to the last person so to qualify.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(3) In this Act, a reference to the use of a body for medical or scientific purposes includes carrying out any procedure on the body, or subjecting the body to an experiment, process or research, for medical or scientific purposes.
(4) In this Act, a reference to medical or scientific purposes includes educational purposes connected with medicine or science.
s 4: Am 1982 No 138, Sch 1; 1983 No 165, Sch 1 (1); 1986 No 53, Sch 1; 1992 No 111, Sch 2; 1997 No 154, Sch 6.3; 1999 No 4, Sch 2.1 [1] [2]; 2003 No 18, Sch 1 [1] [2]; 2007 No 9, Sch 5.2; 2010 No 19, Sch 3.3 [1] [2]; 2013 No 47, Sch 1.3; 2018 No 28, Sch 1.2.
4A
Notes
4A Notes
4A Notes
Notes included in this Act do not form part of this Act.
s 4A: Ins 2003 No 18, Sch 1 [3].
4B
Delegation of functions of next of kin
4B Delegation of functions of next of kin
4B Delegation of functions of next of kin
(1) A next of kin of a deceased person may from time to time, by instrument in writing, authorise a person to exercise his or her functions under this Act as a next of kin of the deceased person.
(2) In such a case, the person so authorised:
(a) may exercise the functions of a next of kin of the deceased person under this Act (other than the function conferred by subsection (1)), in the place of the person who authorised him or her, and
(b) is taken, for the purposes of this Act, to be a next of kin of the deceased person, and
(c) for the purposes of the definition of senior available next of kin in section 4 (1), is taken to be a next of kin of the same order as the person who authorised him or her to exercise the functions of a next of kin.
s 4B: Ins 2003 No 18, Sch 1 [3].
5
Anatomical examination does not include post mortem examination
5 Anatomical examination does not include post mortem examination
5 Anatomical examination does not include post mortem examination
In this Act, a reference to an anatomical examination, or to the possession of a body for the purposes of an anatomical examination, does not include a post mortem examination, or the possession of a body for the purposes of a post mortem examination, if that post mortem examination is:
(a) required or directed to be made by a competent legal authority, or
(b) made or to be made pursuant to an authority under Part 5 of the Human Tissue Act 1983.
Note—
Accordingly, a licence under this Act is not required to conduct such a post mortem examination.
s 5: Am 1983 No 165, Sch 1 (2). Subst 2003 No 18, Sch 1 [4].
Part 2
Regulation of anatomical examinations
Part 2 Regulation of anatomical examinations
Part 2 Regulation of anatomical examinations
pt 2, hdg: Subst 2003 No 18, Sch 1 [5].
6
Director-General may issue licence to person to conduct anatomical examinations
6 Director-General may issue licence to person to conduct anatomical examinations
6 Director-General may issue licence to person to conduct anatomical examinations
(1) The Director-General may issue a licence to a person who has duly made an application under subsection (2) to conduct anatomical examinations at a place specified in the licence.
(2) An application for a licence may be made by any person who is in charge of the conduct of anatomical examinations at any university, college, school or other educational institution or at any research or medical institution.
(3) A licence shall be subject to such terms and conditions as may be determined by the Director-General and specified in the licence.
(4) A licence may be issued in the name of the person who applied for the licence or in the name of the holder of that person’s office from time to time.
(5) A licence may be revoked by the Director-General at any time.
s 6: Am 1982 No 138, Sch 1; 2003 No 18, Sch 1 [6] [7].
7
Inspectors
7 Inspectors
7 Inspectors
(1) The Minister may appoint any of the following people as an inspector for the purposes of this Act:
(a) an officer of the Department of Health,
(b) an employee of the Health Administration Corporation,
(c) an employee of a public health organisation within the meaning of the Health Services Act 1997.
(d) (Repealed)
(2) An inspector may inspect at any time any licensed premises.
s 7: Am 1982 No 138, Sch 1; 1996 No 30, Sch 1; 1999 No 31, Sch 3.1; 2003 No 18, Sch 1 [8].
8
Authority for anatomical examination where body of deceased at a hospital or forensic institution
8 Authority for anatomical examination where body of deceased at a hospital or forensic institution
8 Authority for anatomical examination where body of deceased at a hospital or forensic institution
(1) If a designated officer for a hospital or forensic institution is satisfied, after making such inquiries as are reasonable in the circumstances in relation to a person whose body is at the hospital or forensic institution, that:
(a) the person had, during the person’s lifetime, given his or her consent in writing to the anatomical examination of the person’s body after the person’s death, and
(b) the consent had not been revoked,
the designated officer may, by instrument in writing, authorise the anatomical examination of that person’s body.
(2) An authority under subsection (1) is not to be given in relation to a deceased child.
(3) If the designated officer is not satisfied as to the matters referred to in subsection (1), or the deceased person is a deceased child, and the designated officer is satisfied, after making such inquiries as are reasonable in the circumstances in relation to the deceased person, that:
(a) the deceased person had not, during the person’s lifetime, expressed an objection to the anatomical examination of the person’s body after the person’s death or, if the person had expressed such an objection, based on the most recent views expressed by the deceased person, the person no longer had an objection to the anatomical examination of the person’s body, and
(b) a senior available next of kin has given his or her consent in writing to the anatomical examination of the person’s body, and
(c) there is no next of kin of the same or a higher order of the classes in paragraph (a) or (b) of the definition of senior available next of kin in section 4 (1) who objects to the anatomical examination of the person’s body,
the designated officer may, by instrument in writing, authorise the anatomical examination of the person’s body.
(4) An authority must be given in accordance with the terms and any conditions of the relevant consent (that is, the consent referred to in subsection (1) (a) or (3) (b)).
s 8: Subst 1983 No 165, Sch 1 (3); 2003 No 18, Sch 1 [9]. Am 2012 No 72, Sch 2 [1].
8A
Authority for anatomical examination where body of deceased not at a hospital or forensic institution
8A Authority for anatomical examination where body of deceased not at a hospital or forensic institution
8A Authority for anatomical examination where body of deceased not at a hospital or forensic institution
(1) If the body of a deceased person (other than a deceased child) is at a place other than a hospital or forensic institution, the anatomical examination of that person’s body is authorised if:
(a) the deceased person had, during the person’s lifetime, given his or her consent in writing to the anatomical examination of the person’s body after the person’s death, and
(b) the consent had not been revoked.
(2) The authority conferred by subsection (1) is subject to the terms and any conditions of the consent referred to in that subsection.
(3) If the body of a deceased person is at a place other than a hospital or forensic institution, a senior available next of kin of the person may, by instrument in writing, authorise the anatomical examination of the person’s body.
(4) A senior available next of kin must not grant an authority under subsection (3) if it appears to the senior available next of kin, after making such inquiries as are reasonable in the circumstances, that:
(a) the deceased person had, during the person’s lifetime, expressed an objection to the anatomical examination of the person’s body after the person’s death unless, based on the most recent views expressed by the deceased person, it appears that the person no longer had an objection to the anatomical examination of the person’s body, or
(b) another next of kin of the same or higher order of the classes in paragraph (a) or (b) of the definition of senior available next of kin in section 4 (1) objects to the anatomical examination of the person’s body.
Maximum penalty: 10 penalty units.
s 8A: Ins 1983 No 165, Sch 1 (3). Am 1992 No 112, Sch 1. Subst 2003 No 18, Sch 1 [9]. Am 2012 No 72, Sch 2 [2].
8B
Consent by coroner
8B Consent by coroner
8B Consent by coroner
(1) This section applies to a person in respect of whose death a coroner has jurisdiction to hold an inquest under the Coroners Act 2009.
(2) A designated officer for a hospital or a forensic institution or a senior available next of kin shall not authorise the anatomical examination of the body of a person to whom this section applies unless a coroner has given consent to the examination.
Maximum penalty: 40 penalty units or imprisonment for 6 months, or both.
(3) Section 8A (1) does not apply in relation to a person to whom this section applies unless a coroner has given consent to the anatomical examination of the person’s body.
(4) A consent by a coroner under this section may be expressed to be subject to such conditions as are specified in the consent.
(5) A consent by a coroner under this section may be given orally and, if so given, is to be confirmed in writing as soon as practicable.
(6) A coroner shall, in determining the conditions (if any) to which a consent shall be subject, have regard only to the effect which the conduct of an anatomical examination of the body of the person to whom the consent relates may have in relation to the conduct of any inquest which a coroner has jurisdiction to hold in respect of that person’s death.
s 8B: Ins 1983 No 165, Sch 1 (3). Am 1992 No 112, Sch 1; 1994 No 32, Sch 1; 2003 No 18, Sch 1 [10]; 2009 No 41, Sch 4.
8C
Effect of authority
8C Effect of authority
8C Effect of authority
(1) An authority under section 8 or 8A is sufficient authority:
(a) for a person who has lawful possession of a body to cause or permit the body to be used by a holder of a licence for anatomical examination in accordance with the authority, and
(b) for the holder of a licence, or a person authorised by the holder of a licence, to conduct an anatomical examination of the body, at licensed premises, in accordance with the authority, subject to the terms or conditions of the licence.
(2) For the purposes of this section, a person does not have lawful possession of a body if that person is a funeral director or other person entrusted with the body for the purposes only of its disposal.
s 8C: Ins 1983 No 165, Sch 1 (3). Am 2003 No 18, Sch 1 [11]
9
Conditions of taking possession of body
9 Conditions of taking possession of body
9 Conditions of taking possession of body
The holder of a licence shall not take possession of a body for anatomical examination, other than a body transferred pursuant to section 11, unless:
(a) the holder is permitted to use the body for anatomical examination pursuant to section 8C (1), and
(b) where section 100 of the Coroners Act 2009 applies, the holder is satisfied that a document referred to in that section has been signed, issued, made or given in relation to the body.
Maximum penalty: 40 penalty units or imprisonment for 6 months, or both.
s 9: Am 1983 No 165, Sch 1 (4); 1992 No 112, Sch 1; 1995 No 62, Sch 2; 2009 No 41, Sch 3.1.
10
Duty to keep register
10 Duty to keep register
10 Duty to keep register
(1) The holder of a licence shall, on taking possession of a body for anatomical examination, enter in a register kept for that purpose:
(a) the name and address of the person who had lawful possession of the body and who delivered the body into the holder’s possession,
(b) the date on which the holder took possession of the body,
(c) the date, place and cause of death of the deceased and the sex, name, age and last place of abode of the deceased, and
(d) such other information as may be prescribed.
Maximum penalty: 10 penalty units.
(2) The holder of a licence shall, whenever required to do so by an inspector, produce the register kept by the holder to the inspector.
Maximum penalty: 10 penalty units.
(3) Each part of a register which contains particulars of a body shall be retained until the expiration of 5 years from the date on which in respect of the body an entry has been made pursuant to section 11 (3) or 12 (4), as the case may require.
s 10: Am 1983 No 165, Sch 1 (5); 1992 No 112, Sch 1.
11
Transfer of bodies
11 Transfer of bodies
11 Transfer of bodies
(1) The holder of a licence may transfer a body which is in the holder’s possession:
(a) to another holder of a licence, or
(b) with the approval of an inspector, to any person who is in charge of the conduct of anatomical examinations at any place outside New South Wales,
for anatomical examination unless the holder has reason to believe that to do so would be contrary to the wishes of the deceased or the senior available next of kin of the deceased.
(2) The holder of a licence shall transmit with a body transferred under subsection (1) a copy of the particulars relating to that body contained in the register kept by the holder.
Maximum penalty: 10 penalty units.
(3) The holder of a licence shall, forthwith after transferring a body under subsection (1), enter in the register kept by the holder opposite the particulars relating to the body:
(a) the fact that the body was transferred,
(b) the date on which the body was transferred, and
(c) the name and address of the person to whom the body was transferred.
Maximum penalty for an offence against this subsection: 10 penalty units.
s 11: Am 1983 No 165, Sch 1 (6); 1992 No 112, Sch 1; 2003 No 18, Sch 1 [12].
11A
Transfer of human tissue
11A Transfer of human tissue
11A Transfer of human tissue
(1) The holder of a licence may transfer human tissue from a body that is in the holder’s possession for anatomical examination:
(a) to another holder of a licence, or
(b) to an authorised officer of a hospital, or
(c) to an authorised officer of an interstate hospital, or
(d) to any other person approved in writing by the Director-General, subject to such conditions as may be imposed by the Director-General,
for use for medical or scientific purposes, unless the holder has reason to believe that to do so would be contrary to the wishes of the deceased or the senior available next of kin of the deceased.
(2) The holder of a licence must ensure that arrangements are made for the return of the human tissue to the holder of the licence as soon as practicable and by no later than the end of the period (if any) within which the human tissue is required to be disposed of under section 12.
Maximum penalty: 10 penalty units.
Note—
Section 12 requires a body that is retained for anatomical examination, and any human tissue from that body, to be disposed of within a certain period after the death of the person. Section 12 does not apply if a specific authority has been given to retain the human tissue.
(3) The holder of a licence must, immediately after transferring human tissue under subsection (1), enter in the register kept by the holder opposite the particulars relating to the body concerned:
(a) the fact that the human tissue was transferred, and
(b) the date on which it was transferred, and
(c) the name and address of the person to whom it was transferred and of the licensed premises, hospital or other place at which the human tissue is to be retained, and
(d) details of the arrangements made with respect to the return of the human tissue.
Maximum penalty: 10 penalty units.
(4) Subject to subsection (5), the following persons are authorised to use, for medical or scientific purposes, human tissue transferred under this section:
(a) the person to whom the tissue was transferred,
(b) any person authorised by that person.
(5) A person who has possession of human tissue that has been transferred by the holder of a licence under this section must ensure that the human tissue is returned to the possession of the holder of the licence:
(a) within the period specified in the arrangements referred to in subsection (2), or
(b) if no period is specified, by the end of the period within which the human tissue must be disposed of under section 12.
Maximum penalty: 10 penalty units.
(6) Subsections (2) and (5) do not apply in respect of any human tissue:
(a) that will be or has been wholly or substantially destroyed as a consequence of its use for medical or scientific purposes, or
(b) that is not required to be disposed of by section 12.
(7) In this section:
authorised officer means an employee or officer of a hospital or interstate hospital who is authorised by the governing body of the hospital to take possession of human tissue on behalf of the hospital.
interstate hospital means a public or private hospital of another State or a Territory.
s 11A: Ins 2003 No 18, Sch 1 [13].
12
Disposal of bodies
12 Disposal of bodies
12 Disposal of bodies
(1) The holder of a licence must dispose of any body which is in the holder’s possession for anatomical examination (including any human tissue from that body):
(a) within 4 years after the death of the deceased person, or
(b) in accordance with the terms of an authorisation granted under subsection (2).
Maximum penalty: 10 penalty units.
(2) An inspector may, by instrument in writing, authorise the following:
(a) the retention of a body for anatomical examination for a period specified by the inspector, being a period that does not end more than 8 years after the death of the deceased person,
(b) the retention of human tissue from a body (whether for a specified period or otherwise).
(2A) An inspector must, in exercising his or her functions under subsection (2):
(a) consider the purposes for which retention of the body, or human tissue, is sought, and
(b) ensure that any authorisation granted by the inspector complies with the terms and any conditions of the authority under section 8 or 8A that initially authorised the retention of the body for anatomical examination.
(2B) The holder of a licence must:
(a) comply with any terms or conditions that are imposed by an inspector in granting an authorisation under subsection (2), and
(b) enter in the register kept by the holder opposite the particulars relating to the body the fact that the authority has been given and the terms and conditions to which the authority is subject.
Maximum penalty: 10 penalty units.
(3) Where the holder of a licence disposes of a body which has been in the holder’s possession for anatomical examination, the holder shall dispose of the body as far as practicable in accordance with any wishes of the deceased but if that is not practicable, or if the deceased has expressed no such wishes, the body shall be disposed of as far as practicable in accordance with any wishes of the senior available next of kin of the deceased.
Maximum penalty: 10 penalty units.
(4) The holder of a licence shall, forthwith after disposing of a body which has been in the holder’s possession for anatomical examination, enter in the register kept by the holder opposite the particulars relating to that body:
(a) the fact that the body was disposed of,
(b) the date on which the body was disposed of, and
(c) the name and address of the person engaged to dispose of the body.
Maximum penalty for an offence against this subsection: 10 penalty units.
(5) This section does not require the disposal of human tissue if the permanent retention of the tissue has been expressly authorised:
(a) by the consent in writing of the deceased person given during his or her lifetime (except in the case of a deceased child), or
(b) by the consent in writing of the senior available next of kin of the deceased person.
(6) This section does not require the disposal of any small samples of human tissue that are retained in the form of tissue slides or tissue blocks that enable microscopic examination of the tissue.
s 12: Am 1983 No 165, Sch 1 (7); 1992 No 112, Sch 1; 2003 No 18, Sch 1 [14] [15].
13
Duties of person whose licence is revoked
13 Duties of person whose licence is revoked
13 Duties of person whose licence is revoked
A person whose licence is revoked under section 6 (5) shall forthwith after the revocation of the person’s licence:
(a) deliver up the licence and the register kept by the person to an inspector, and
(b) transfer or dispose of any body in the person’s possession in accordance with section 11 or 12, as the case may be, as if the person were the holder of a licence.
Maximum penalty: 10 penalty units.
s 13: Am 1983 No 165, Sch 1 (8); 1992 No 112, Sch 1.
Part 3
General
Part 3 General
Part 3 General
14
Offences
14 Offences
14 Offences
(1) A person shall not keep a body in the person’s possession for anatomical examination at any place other than licensed premises.
Maximum penalty: 10 penalty units.
(2) A person must not conduct an anatomical examination of a body at any place other than licensed premises.
Maximum penalty: 10 penalty units.
(3) A person must not conduct an anatomical examination of a body unless the person is the holder of a licence or is authorised to do so by the holder of a licence.
Maximum penalty: 40 penalty units or imprisonment for 6 months, or both.
(3A) A person must not conduct an anatomical examination of a body except in accordance with an authority that is, under this Act, sufficient authority for the person to conduct the anatomical examination.
Maximum penalty: 40 penalty units or imprisonment for 6 months, or both.
(3B) A person must not give an authority under this Act without having made the inquiries that the person is required by this Act to have made.
Maximum penalty: 40 penalty units or imprisonment for 6 months, or both.
(4) A person shall not obstruct an inspector acting in the execution of this Act.
Maximum penalty: 10 penalty units.
(5) The holder of a licence shall not contravene the terms or conditions of the licence.
Maximum penalty for an offence against this subsection: 10 penalty units.
(6) Subsections (1)–(3A) do not apply to or in respect of anything authorised by or under:
s 14: Am 1983 No 165, Sch 1 (9); 1992 No 112, Sch 1; 2003 No 18, Sch 1 [16]–[18]; 2009 No 41, Sch 4.
15
Authority not to be given in respect of child in care of the State
15 Authority not to be given in respect of child in care of the State
15 Authority not to be given in respect of child in care of the State
(1) A person must not authorise the anatomical examination of the body of a deceased child if the child was, immediately before his or her death, in the care of the State.
Maximum penalty: 40 penalty units or imprisonment for 6 months, or both.
(2) Subsection (1) applies despite any other provision of this Act.
(3) This section does not apply to or in respect of anything done under the Coroners Act 2009 or any other law.
(4) For the purposes of this section, a child is in the care of the State if:
s 15: Rep 1983 No 165, Sch 1 (10). Ins 2003 No 18, Sch 1 [19]. Am 2009 No 41, Sch 4.
16
Proceedings for offences
16 Proceedings for offences
16 Proceedings for offences
Proceedings for any offence against this Act or the regulations shall be disposed of summarily before the Local Court.
s 16: Am 1992 No 111, Sch 2; 2001 No 121, Sch 2.10; 2007 No 94, Sch 2.
16A
General
16A General
16A General
In the conduct of an anatomical examination of a body under an authority conferred by this Act, regard is to be had to the dignity of the deceased person.
s 16A: Ins 2003 No 18, Sch 1 [20].
17
Regulations
17 Regulations
17 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Without affecting the generality of subsection (1), the Governor may make regulations for or with respect to:
(a) the manner in which an application for a licence shall be made,
(b) the duties of inspectors, and
(c) hygiene in relation to the transport, possession and examination of bodies for the purposes of this Act, and
(d) the standards to be complied with in connection with anything authorised by or under this Act, including by requiring those standards to be complied with as a condition of an authority conferred by or under this Act.
(2A) The regulations may apply, adopt or incorporate, wholly or in part and with or without modification, any guidelines or other document (such as a code of practice), as in force at a particular time or as in force from time to time, prescribed or published by the National Health and Medical Research Council or by any other person or body.
(3) A regulation may be made so as to apply differently according to such factors as are specified in the regulation.
(4) A regulation may impose a penalty not exceeding 5 penalty units for any contravention thereof.
s 17: Am 1982 No 138, Sch 1; 1983 No 165, Sch 1 (11); 1992 No 112, Sch 1; 2003 No 18, Sch 1 [21].
18
Repeal of Anatomy Act 1901 and the provisions of Acts amending that Act
18 Repeal of Anatomy Act 1901 and the provisions of Acts amending that Act
18 Repeal of Anatomy Act 1901 and the provisions of Acts amending that Act
Each Act specified in Column 1 of Schedule 1 is, to the extent specified opposite that Act in Column 2 of Schedule 1, repealed.
19
Savings, transitional and other provisions
19 Savings, transitional and other provisions
19 Savings, transitional and other provisions
Schedule 2 has effect.
s 19: Am 1982 No 138, Sch 1. Subst 2003 No 18, Sch 1 [22].
Schedule 1
Repeals
Schedule 1 Repeals
Schedule 1 Repeals
(Section 18)
| Column 1 | Column 2 | Column 3 |
| Year and Number of Act | Short title of Act | Extent of Repeal |
| 1901 No 9 | Anatomy Act 1901 | The whole Act. |
| 1970 No 52 | Supreme Court Act 1970 | So much of the Second Schedule as relates to Act No 9, 1901. |
| 1973 No 9 | District Court Act 1973 | So much of Schedule 2 as relates to Act No 9, 1901. |
| 1974 No 9 | Metric Conversion Act 1974 | Item 4 of the Schedule. |
Schedule 2
Savings, transitional and other provisions
Schedule 2 Savings, transitional and other provisions
Schedule 2 Savings, transitional and other provisions
(Section 19)
sch 2: Ins 2003 No 18, Sch 1 [23]. Am 2012 No 72, Sch 2 [3].
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act may be cited as the Anatomy Act 1977.
2 Commencement
2 Commencement
2 Commencement
(1) This section and section 1 shall commence on the date of assent to this Act.
(2) Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
3
3 (Repealed)
3
s 3: Rep 1999 No 31, Sch 5.4.
4 Definitions
4 Definitions
4 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
anatomical examination of a body includes use of the body for medical or scientific purposes.
Note—
However, an anatomical examination does not include a post mortem examination that is required, directed or authorised as provided by section 5.
body means dead human body.
child means a person who has not attained the age of 18 years and who is not married.
designated officer means:
(a) in relation to a hospital, a person appointed for the time being under section 5 (1) (a) of the Human Tissue Act 1983 to be a designated officer for the hospital, or
(b) in relation to a forensic institution, a person appointed for the time being under section 5 (3) of the Human Tissue Act 1983 to be a designated officer for the forensic institution.
Director-General means the Director-General of the Department of Health.
dispose, in relation to a body, means dispose of the body by burial, cremation or other lawful means.
exercise a function includes perform a duty.
forensic institution means:
(a) an institution that is under the control of a public health organisation (within the meaning of the ), or
Scope exclusions: the Act defines “anatomical examination” but excludes post‑mortem examinations required or directed by a competent legal authority or carried out under Part 5 of the Human Tissue Act 1983; such post‑mortems do not require a licence under this Act (s 5).
Register and records: licence-holders must keep a register recording specified data on each body taken into possession and retain relevant parts of the register for prescribed periods (s 10).
Transfer and return: transfers of bodies and human tissue are regulated; transfers must be accompanied by register particulars and return arrangements for tissue must be made (ss 11, 11A). Inspectors can approve transfers out of New South Wales (s 11(1)(b)).
Retention and disposal: bodies must be disposed of within four years after death unless an inspector authorises a specified retention (not exceeding eight years after death); inspectors may authorise retention of tissue (s 12).
Inspectors and inspection powers: the Minister may appoint inspectors drawn from specified health employees; inspectors may inspect any licensed premises at any time (s 7).
Duties on licence revocation: persons whose licence is revoked must deliver up licence and register and deal with bodies as if still licence-holder (s 13).
Restrictions over children and state care: authorities may not be given in respect of a deceased child if the child was in the care of the State immediately before death (s 15).
Regulations and standards: the Governor may make regulations including hygiene and standards; regulations may adopt external documents such as NHMRC guidelines (s 17(2A)).
The Act therefore creates a regulated pathway by which bodies and human tissue may be used for medical, scientific and educational purposes, while providing a role for estate‑related decision‑makers (deceased’s written consent or senior available next of kin), administrative officers in hospitals/forensic institutions, inspectors, and coroners in specified circumstances.
The Act states, in a number of places, the procedural limits and statutory conditions that must be met before anatomical work can proceed (for example s 8(4), s 12(2A)). Those procedural constraints are the Act’s operative means to allocate decision rights and to produce compliance obligations that fall mainly on licence-holders and designated officers.
The remainder of this note tests the Act’s mechanics against incentives, compliance burdens, discretion and practical implementation points drawn from the text. All citations below refer to the numbered sections reproduced in the supplied Act text.
Main concepts
The Act is built around a small set of interlocking concepts that determine legal authority to possess bodies and conduct anatomical examinations.
Anatomical examination and exclusion of certain post mortems. The Act defines “anatomical examination” to include use of the body for medical or scientific purposes but expressly excludes post mortem examinations required, directed or authorised by a competent legal authority or under Part 5 of the Human Tissue Act 1983 (s 4 definition and s 5). The Act’s exclusion means that coronial or other legally compelled post‑mortems are outside the licensing scheme and do not require a licence under this Act (s 5).
Licence and licensed premises. A licence is the core admission ticket for conducting anatomical examinations at a specified place (s 6). Licences are issued by the Director‑General (s 6(1)), may be granted in the name of the applicant or in the name of the holder’s office (s 6(4)), are subject to terms and conditions (s 6(3)) and may be revoked (s 6(5)).
Designated officer. For hospitals and forensic institutions, the defined “designated officer” is a person appointed under section 5 of the Human Tissue Act 1983 for the hospital or forensic institution (s 4 definition). That role carries authority to give written instruments authorising anatomical examinations in hospitals/forensic institutions where the designated officer is satisfied of the deceased’s written consent (s 8(1)) or in the absence of written consent where senior next of kin consents after reasonable inquiries (s 8(3)).
Senior available next of kin and delegation. The Act defines senior available next of kin by a tiered order (spouse, adult children, parents, adult siblings for non‑child deceased; parents, siblings, guardian for deceased children) (s 4). The Act allows a next of kin to delegate their functions under the Act by instrument in writing; the delegate is taken to be a next of kin of the same order (s 4B).
Lawful possession and exceptions. For the purposes of permitting a body to be used by a licence-holder, the Act deems lawful possession sufficient for a holder to cause or permit use, but excludes funeral directors or other persons entrusted only with disposal from being a person with lawful possession (s 8C(1)-(2)).
Register and records. Licence-holders must enter identified particulars when taking possession (s 10(1)), must produce the register to an inspector on demand (s 10(2)), and must retain register parts for five years following certain register entries (s 10(3)). Transfer and disposal events require entries (ss 11(3), 12(4)).
Transfer and human tissue regime. The Act separates transfer rules for whole bodies (s 11) and human tissue removed from bodies (s 11A). Human tissue may be transferred to other licence-holders, authorised officers of hospitals or persons approved by the Director‑General, subject to conditions (s 11A(1)). Transfers of tissue must be accompanied by return arrangements and register entries, and the tissue must be returned unless destroyed or permanently retained under express authorisation (s 11A(2), (3), (5), (6)).
Retention and disposal timetable. Bodies must be disposed of within four years after death unless an inspector authorises retention up to a further period (not ending later than eight years after death) (s 12(1)-(2)). Inspectors may authorise indefinite retention of tissue (s 12(2)(b)).
Coroner consent overlay. Where coroner jurisdiction exists to hold an inquest, coroner consent is a precondition for designated officers or senior available next of kin to authorise anatomical examination (s 8B(1)-(3)). A coroner may attach conditions and may give oral consent to be confirmed in writing (s 8B(4)-(5)). The coroner must have regard only to the effect of the examination on the conduct of any inquest (s 8B(6)).
Inspectors and Director‑General discretion. The Minister appoints inspectors from specified categories (s 7(1)). Inspectors can inspect licensed premises at any time (s 7(2)), approve interstate transfers (s 11(1)(b)), and authorise retention of bodies or human tissue (s 12(2)). The Director‑General issues licences and may impose conditions and revoke licences (s 6).
The Act is conceptually focused on formalising chain of authority for bodies and tissue meant for education, research and medical purposes, constraining retention periods and record-keeping, and overlaying coronial and child-in-care constraints in particular situations.
Who it affects
The Act allocates rights and duties across a defined set of actors. The following list summarises who is affected and by which provisions in the text.
Licence applicants and holders. Persons in charge of the conduct of anatomical examinations at universities, colleges, schools, other educational institutions, or research or medical institutions can apply for a licence (s 6(2)). Once licensed, holders must comply with licence terms and conditions (s 6(3)), keep the statutory register (s 10), comply with disposal and transfer rules (ss 11, 11A, 12), and face penalties for contraventions (ss 10-14).
Director‑General of the Department of Health. The Director‑General decides who is licensed and may impose terms and conditions, and may revoke licences (s 6). The Director‑General also may approve persons to receive human tissue (s 11A(1)(d)).
Designated officers for hospitals and forensic institutions. Persons appointed under s 5(1)(a) or s 5(3) of the Human Tissue Act 1983 as designated officers for hospitals or forensic institutions carry authority to authorise anatomical examinations in hospitals/forensic institutions when satisfied of written consent in life or when senior next of kin consents following reasonable inquiries (s 8).
Senior available next of kin and delegations. Natural persons in the defined order (spouses, adult children, parents, adult siblings depending on whether the deceased is a child) exercise authority to consent where the deceased did not consent in life or where the body is not at a hospital/forensic institution (s 4 definitions, s 8(3), s 8A(3)). Next of kin can authorise delegates by written instrument (s 4B).
Coroners. For deaths over which a coroner has jurisdiction to hold an inquest, coroner consent is required before designated officers or senior available next of kin may authorise an anatomical examination; coroners may attach conditions and their consideration is limited to effects on the inquest (s 8B).
Inspectors and the Minister. The Minister appoints inspectors drawn from officers of the Department of Health, employees of the Health Administration Corporation, or employees of public health organisations (s 7(1)); inspectors inspect licensed premises (s 7(2)), may approve interstate transfers (s 11(1)(b)), and may authorise retention of bodies or human tissue (s 12(2)).
Hospitals, forensic institutions and pathology labs. These are captured in the definition of “forensic institution” and “hospital” (s 4). Accredited pathology laboratories under the Commonwealth Health Insurance Act 1973 are included as forensic institutions (s 4).
Funeral directors and persons commanded only with disposal. They are explicitly excluded from being persons with lawful possession for the purposes of permitting bodies to be used by licence-holders (s 8C(2)). That affects how licence-holders must obtain lawful custody.
Research and educational institutions. Universities and colleges conducting anatomy teaching and research are typical licence-holders and therefore subject to the register, disposal, transfer, and retention obligations (s 6, s 10, s 12, s 11A).
Families of the deceased and estate decision-makers. Deceased persons’ written consent given during life has primacy where it exists (s 8(1), s 8A(1)); when absent or revoked, senior next of kin provide authority (s 8(3), s 8A(3)). The Act treats the deceased’s wishes and senior next of kin’s wishes as the primary guide to disposal (s 12(3)).
Persons receiving transferred human tissue. Recipients under s 11A(1) (other licence-holders, authorised officers of hospitals, interstate hospital authorised officers, or persons approved in writing by the Director‑General) become authorised users, subject to return obligations and time limits (s 11A(4)-(5)).
Practitioners and compliance officers in affected institutions need to treat the Act as the statutory framework that governs who may lawfully possess and use bodies and tissue for anatomical purposes. The Act imposes compliance obligations primarily on licence-holders and designated officers; it constrains next of kin decision-making by requiring “reasonable inquiries” before they authorise (s 8(1), s 8(3), s 8A(4)), and it constrains institutional practice through inspector oversight and potential licence revocation (ss 6(5), 7, 12(2)).
Key duties and rights
This section collects the principal statutory duties, procedural preconditions and rights created by the Act, with direct citations to the operative sections.
Duties and procedural preconditions on licence-holders and applicants
Licence application and issuance. The Director‑General may issue a licence to a properly made applicant who is in charge of anatomical examinations at the listed institutions (s 6(1)-(2)). A licence may be subject to terms and conditions determined by the Director‑General (s 6(3)), may be issued in the name of the office (s 6(4)), and may be revoked at any time (s 6(5)).
Taking possession of bodies. A holder of a licence must not take possession of a body unless they are permitted to use the body for anatomical examination pursuant to s 8C(1) (that is, a sufficient authority exists) and, where s 100 of the Coroners Act 2009 applies, the holder must be satisfied that a document referred to in that section has been signed, issued, made or given (s 9). Failure to comply attracts a maximum penalty of 40 penalty units or imprisonment for six months, or both.
Register duties. On taking possession of a body the licence-holder must enter in a register the particulars listed in s 10(1): name and address of the person who delivered the body; date of possession; date, place and cause of death; sex, name, age and last place of abode; and other information as prescribed. The holder must produce the register to an inspector on demand (s 10(2)) and retain parts of the register for five years after certain transfer or disposal entries (s 10(3)). Maximum penalties for failure to enter or produce the register are 10 penalty units.
Transfer of bodies. The holder may transfer a body to another licence-holder, or with an inspector’s approval to an entity outside New South Wales, unless doing so would be contrary to the wishes of the deceased or senior available next of kin (s 11(1)). The holder must transmit a copy of register particulars with the body (s 11(2)) and must record the transfer in the register immediately (s 11(3)).
Transfer and handling of human tissue. The holder may transfer human tissue removed from a body to specified categories of recipients (other licence-holders, authorised officers of hospitals, interstate hospital authorised officers, or persons approved by the Director‑General) subject to conditions (s 11A(1)). The holder must make arrangements for the return of tissue by a specified time (s 11A(2)), and must record transfer particulars in the register immediately (s 11A(3)). Recipients must ensure return within specified periods (s 11A(5)). Exceptions apply where tissue is destroyed or permanently authorised for retention (s 11A(6)).
Disposal obligations. Licence-holders must dispose of bodies and any human tissue within four years after death unless retention is authorised by an inspector (s 12(1)). Inspectors may authorise retention for specified periods up to eight years after death (s 12(2)(a)) or retention of tissue (s 12(2)(b)). The holder must dispose of bodies as far as practicable in accordance with the wishes of the deceased or, if not practicable, the wishes of the senior available next of kin (s 12(3)). Disposal events must be recorded in the register (s 12(4)). Penalties for non‑compliance are set at 10 penalty units for most contraventions in this Part.
Compliance with inspector conditions. Where an inspector grants an authorisation under s 12(2), the holder must comply with terms and conditions imposed (s 12(2B)(a)) and must enter those terms and conditions in the register (s 12(2B)(b)).
Duties and limits on persons who authorise anatomical examinations
Designated officers may authorise in hospitals and forensic institutions after making reasonable inquiries that the deceased gave written consent in life and it was not revoked (s 8(1)). They may instead authorise where the deceased did not object in life and a senior available next of kin has given written consent and there is no objecting next of kin (s 8(3)). An authority must comply with the terms and conditions of the relevant consent (s 8(4)).
Senior available next of kin may authorise anatomical examination of bodies not at hospitals or forensic institutions, but must not grant authority if, after reasonable inquiries, it appears the deceased objected in life (unless that objection has been subsequently overturned) or another next of kin of the same or higher order objects (s 8A(3)-(4)). A maximum penalty of 10 penalty units applies for contravening s 8A(4).
Coroner consent. Designated officers and senior available next of kin must not authorise anatomical examination of a person subject to coroner jurisdiction unless a coroner has given consent (s 8B(2)), with a higher maximum penalty for breach: 40 penalty units or imprisonment for six months, or both (s 8B(2)). Coroner consent may be conditional and may be given orally and confirmed in writing (s 8B(4)-(5)).
Other duties and rights
Dignity obligation. In conducting an anatomical examination under authority, regard is to be had to the dignity of the deceased (s 16A).
Duty on licence revocation. A person whose licence is revoked must deliver up the licence and register to an inspector and transfer or dispose of any body in their possession in accordance with ss 11 or 12 (s 13).
Obligation not to obstruct inspectors. It is an offence to obstruct an inspector acting under the Act (s 14(4)).
Rights created or preserved
Primacy of the deceased’s written consent. Where the deceased gave written consent in life to anatomical examination, that consent authorises the examination if it has not been revoked (s 8(1); s 8A(1) for bodies not in hospitals).
Delegation of next‑of‑kin functions. Next of kin may authorise another person in writing to exercise their functions under the Act and the delegate will be treated as a next of kin of the same order (s 4B).
Transfers and use by authorised recipients. Persons to whom human tissue is validly transferred are, under s 11A(4), authorised to use the tissue for medical and scientific purposes, subject to return obligations and disposal rules.
The Act therefore allocates the key procedural duties to licence-holders, designated officers and senior available next of kin, while preserving coroner sensitivity for deaths within coronial jurisdiction.
Penalties and enforcement
The Act specifies a spectrum of criminal penalties tied to different breaches and provides administrative enforcement levers in the form of inspectors, licence revocation and court process rules. Below are the primary enforcement mechanisms and penalties set out in the supplied text.
Range and examples of statutory penalties
Lower-level administrative breaches. Many record‑keeping and procedural failures attract a maximum penalty of 10 penalty units. For example, failure to enter the register on taking possession of a body, or to produce the register when required by an inspector, each carry a maximum penalty of 10 penalty units (s 10(1)-(2)). Transfer and transfer-record failures under s 11(2)-(3) and s 11A(3) likewise attract maximum penalties of 10 penalty units. Disposal obligations breached under s 12 carry a maximum penalty of 10 penalty units in multiple subsections.
Mid-range offences. Keeping or conducting anatomical examinations outside licensed premises is a maximum 10 penalty units for merely keeping a body at an unlicensed place and 10 penalty units for conducting an anatomical examination at an unlicensed place (s 14(1)-(2)). Contravention of licence terms by the holder is a maximum 10 penalty units (s 14(5)). Obstructing an inspector attracts a 10‑unit maximum (s 14(4)). Regulations under s 17 may themselves carry penalties up to 5 penalty units (s 17(4)).
Higher-range criminal offences with custodial exposure. Conducting an anatomical examination without being a licence-holder or without authorisation by a licence-holder is a more serious offence carrying a maximum penalty of 40 penalty units or imprisonment for 6 months, or both (s 14(3)). Likewise, conducting an anatomical examination except in accordance with a sufficient statutory authority is a similar offence (s 14(3A)). Giving an authority under the Act without having made the required inquiries is also subject to the same upper penalty (s 14(3B)). Authorising the anatomical examination of a person to whom s 8B applies (i.e. where the coroner has jurisdiction) without coroner consent carries a maximum penalty of 40 penalty units or imprisonment for 6 months, or both (s 8B(2)).
Specific penalties for particular contraventions. Section 8A(4) prohibits a senior available next of kin granting authority where, after reasonable inquiries, it appears the deceased objected in life or another next of kin of equal or higher order objects; maximum penalty 10 penalty units.
Administrative enforcement instruments
Inspectors. Appointed by the Minister from specified employment pools (s 7(1)), inspectors may inspect licensed premises at any time (s 7(2)), require production of registers (s 10(2)), approve interstate transfers of bodies (s 11(1)(b)), and authorise retention of bodies and tissue (s 12(2)). Inspectors may also impose conditions on retention authorisations and the holder must comply (s 12(2B)).
Licence revocation and post-revocation duties. The Director‑General may revoke licences (s 6(5)). A person whose licence is revoked must deliver up the licence and register to an inspector and transfer or dispose of bodies as if they were still a licence‑holder under the Act (s 13). That gives inspectors practical control over handling remains after revocation.
Proceedings and forum. All proceedings for offences against the Act or regulations are to be disposed of summarily in the Local Court (s 16). This channel shapes prosecutorial strategy and the penalty exposure in practice.
Coroner overlay and conditional consents. For deaths under coronial jurisdiction, the coroner’s consent is a statutory precondition for authorisation of anatomical examination by designated officers and senior available next of kin (s 8B). Coroners can impose conditions and their decision-making is constrained to consideration of the effect on the inquest (s 8B(6)).
Compliance consequences beyond criminal penalties
Administrative loss of licence and operational disruption. Licence revocation (s 6(5)) coupled with the duty to surrender registers and to re‑dispose or transfer bodies (s 13) can cause immediate operational consequences for institutions.
Reputational and procedural consequences. The dignity obligation (s 16A) and record‑keeping and disposal obligations will carry reputational and compliance costs in the event of breaches, even where formal penalties are moderate.
Who enforces and decides
Minister and Director‑General (administrative decisions on inspectors and licences), inspectors (operational authorisations, inspections), coroners (where coronial jurisdiction exists), and the Local Court (summary adjudication of offences) are the designated decision and enforcement actors within the statutory framework (ss 6, 7, 8B, 16).
Because the Act layers administrative discretion (licensing, approvals, inspector authorisations) with criminal penalties for key breaches, affected entities must plan both for routine compliance (registers, processes for consent verification) and for contingencies such as licence revocation or coronial intervention.
How it interacts with other laws
The Act is explicitly cross‑referential and designed to operate alongside several other statutory regimes. The Act both preserves the primacy of other legal authorisations (such as coronial or Human Tissue Act powers) and delegates certain appointment or authorisation functions to roles created under other Acts. The important points of interaction in the supplied text are these.
Coroners Act 2009
Exclusion of certain post mortems. Section 5 excludes from the Act’s definition of anatomical examination any post mortem examination required or directed by a competent legal authority, or made under Part 5 of the Human Tissue Act 1983. The note to s 5 explicitly draws the consequence that a licence under this Act is not required to conduct such a post mortem.
Coroner consent overlay. Section 8B requires coroner consent before a designated officer or senior available next of kin may authorise anatomical examination of a body where the coroner has jurisdiction to hold an inquest in respect of the death. Section 9 requires that, where s 100 of the Coroners Act applies, the licence-holder be satisfied that the document referred to in that section has been signed or issued in relation to the body before taking possession (s 9). Section 8B also constrains coroners to have regard only to effects on the conduct of the inquest when determining conditions attached to consent (s 8B(6)). Thus coronial process can block or condition anatomical examinations where coronial jurisdiction exists.
Human Tissue Act 1983
The notion of “designated officer” for hospitals and forensic institutions is linked by definition to persons appointed under s 5(1)(a) or s 5(3) of the Human Tissue Act 1983 (s 4 definition). The Act’s post‑mortem exclusion in s 5 explicitly references the Human Tissue Act 1983 Part 5. The cross-reference establishes operational coordination between hospital/forensic appointment arrangements under the Human Tissue Act and the Authority provisions of this Act.
Health Services Act 1997 and Private Health Facilities Act 2007
The definitions of “forensic institution” and “hospital” use terminology from the Health Services Act 1997 and Private Health Facilities Act 2007 to determine the institutional categories that fall under the Act (s 4).
Children and Young Persons (Care and Protection) Act 1998
The prohibition on authorising the anatomical examination of a deceased child who was in the care of the State immediately before death directly references the Minister and the Director‑General under the Children and Young Persons (Care and Protection) Act 1998 as constituting “in the care of the State” (s 15(4)). This cross‑reference integrates care‑of‑the‑State determinations made under that Act into the anatomy decision‑rule.
Interpretation Act 1987
The Act notes that the Interpretation Act 1987 contains definitions (notably “de facto partner” at s 21C of the Interpretation Act) and other provisions that affect interpretation and application of this Act (s 4(2) note). That influences how “spouse” and associated family definitions are read.
Commonwealth Health Insurance Act 1973
The definition of “forensic institution” includes accredited pathology laboratories under the Commonwealth Health Insurance Act 1973; that imports a Commonwealth accreditation status into the State Act’s classification for institutions where post mortems are carried out (s 4).
Regulatory and standards interaction
Section 17(2A) authorises the regulations to apply, adopt or incorporate guidelines or other documents such as codes of practice published by the National Health and Medical Research Council or by any other person or body. Practically this means compliance may require adherence to external standards as adopted by regulation.
Savings and transitional interaction
Schedule 2 contains savings, transitional and other provisions to manage amendments arising from later Acts, including the Human Tissue and Anatomy Legislation Amendment Act 2003 and the Human Tissue Legislation Amendment Act 2012 (Schedule 2 Parts 2 and 3). These transitional provisions specify the continuing effect of licences and the application of amendments to retention rules (Schedule 2 cl 2-4).
Substantive carve-outs
Section 14(6) confirms that certain prohibitions (ss 14(1)-(3A)) do not apply to or in respect of anything authorised by or under the Coroners Act 2009, the Human Tissue Act 1983, or any other law. This preserves the legal effect of those other authorisations in circumstances where they apply.
Operational implication
Practitioners must navigate a legal landscape where coronal, human tissue, children-in-care and health facility laws intersect with the Anatomy Act’s licensing, transfer and retention rules. Where those other statutory regimes apply, they will prevail or displace the Anatomy Act’s licensing requirements as the text contemplates.
Amendment history
The supplied text contains embedded amendment notes. The Act, as presented, has been amended multiple times. The key amendment insertions and substitutions recorded in the text are summarised below with the section references that carry amendment notes.
Notable legislative insertions and substitutions
Insertions arising from the Human Tissue and Anatomy Legislation Amendment Act 2003. Multiple sections and headings were substituted or inserted in 2003, as indicated by notes such as “Ins 2003 No 18, Sch 1” and “Subst 2003 No 18, Sch 1”. For example:
The Part 2 heading was substituted in 2003 (pt 2, hdg note).
Section 4A (Notes) and section 4B (Delegation of functions of next of kin) were inserted in 2003 (ss 4A, 4B notes).
Section 5 was substituted by 2003 amendments (s 5 note: Subst 2003 No 18, Sch 1 [4]).
Sections 6, 7, 8, 8C, 9, 10, 11, 11A, 12, 13, 14, 16A and others show 2003 amendment notes or insertions (various s notes citing 2003 No 18, Sch 1).
Schedule 2 was inserted and contains specific transitional provisions for the 2003 amendments (Schedule 2 heading and Part 2 and specified clauses show “sch 2: Ins 2003 No 18, Sch 1 [23]”).
2012 amendments from the Human Tissue Legislation Amendment Act 2012. The text records 2012 amendments in some sections:
Section 8 notes “Am 2012 No 72, Sch 2 [1]”.
Section 8A notes “Am 2012 No 72, Sch 2 [2]”.
Schedule 2 Part 3 records that ss 8 and 8A as amended by the 2012 Act extend to prior expressions of objection or views (Schedule 2 cl 4).
Earlier amendments and inserts. Several sections show earlier amendments across the 1980s, 1990s and 2000s, for example:
Section 4 shows a series of amendment notes across 1982, 1983, 1986, 1992, 1997, 1999, 2003, 2007, 2010, 2013 and 2018. The multiplicity of amendment notes in s 4 reflect changes to the definitions and other preliminary matters over time.
Section 7 carries amendment notes spanning 1982, 1996, 1999 and 2003, indicating changes to inspector provisions.
Sections 8B and 9 have amendment notes for 1983, 1992, 1994, 2003 and 2009, reflecting the evolving integration with coronial law.
Section 16 was amended across 1992, 2001 and 2007.
Transitional and saving provisions
Schedule 2 contains transitional and savings clauses for the 2003 and 2012 amendments. Notable clauses include:
Schedule 2 Part 2, cl 2 preserves licences issued under s 6 and in force immediately before the 2003 amendments as authorising the conduct of anatomical examinations at the place specified (Schedule 2 cl 2).
Schedule 2 cl 3 sets out the application of the 2003 amendments to bodies already in the possession of holders immediately before commencement, and how the new s 12(1) applies if a body had been retained for more than four years under former law (Schedule 2 cl 3).
Schedule 2 cl 4 confirms that s 8 and s 8A, as amended by the 2012 Act, extend to prior expressions of objection or views that occurred before commencement (Schedule 2 cl 4).
Repeals
Section 18 and Schedule 1 repeal the Anatomy Act 1901 and specified amending Acts to the extent listed in Schedule 1 (s 18 and Schedule 1 entries). Schedule 1 explicitly lists the whole repeal of the Anatomy Act 1901 and consequential repeals in other Acts.
How to read the amendment notes
The text embeds amendment notes with the form “Ins”, “Am”, “Subst”, “Rep”, and schedule citations indicating the amending Act and schedule numbers. Those notes are the only source‑text record within the supplied material of the Act’s amendment history.
In summary, the Act in the supplied text reflects a sequence of legislative updates, notably the 2003 Human Tissue and Anatomy Legislation Amendment Act and the 2012 Human Tissue Legislation Amendment Act, together with a number of earlier and later technical amendments. The Schedule 2 transitional provisions are important to determine how amendments applied to licences and bodies already in possession at the time of amendment.
Litigation history
The supplied text contains no case law citations and records no litigation history. The Act itself does not list judicial decisions or interpretive rulings. The following points on litigation procedure and connection to legal process are drawn from the Act’s text.
Criminal and summary proceedings. Section 16 directs that proceedings for any offence against the Act or the regulations must be disposed of summarily in the Local Court. That procedural prescription means enforcement proceedings under the Act typically proceed in the State’s summary criminal jurisdiction rather than in higher indictable courts.
Coroners and inquests. Section 8B creates a statutory interaction with coronial jurisdiction by requiring coroner consent before anatomical examinations in specified cases; coroners are the decision‑makers for whether an anatomical examination may be authorised where they have jurisdiction to hold an inquest. A coroner’s conditions must be confined to the effect of the anatomical examination on the conduct of the inquest (s 8B(6)). The Act therefore channels specific disputes about whether an anatomical examination will impede an inquest to the coroner’s discretion, but the text does not supply examples or appellate history.
No judicial decisions recorded. The Act includes no references to judicial construction or litigation outcomes arising from its provisions in the reproduced text. Practitioners must therefore consult case law databases, tribunal decisions and local court records for any judicial interpretation, but such materials are not part of the supplied Act text.
Because the text mandates summary proceedings in the Local Court, licensing disputes, prosecutions for unauthorised examinations, or register and disposal offences will generally be litigated in that forum unless other statutory avenues exist. The Act’s textual emphasis on coroner consent where coronial jurisdiction exists suggests that coronial proceedings and decisions may be a frequent practical interface between the Anatomy Act’s administrative controls and the justice system.
Gotchas
The Act contains several practical traps and non‑obvious procedural constraints that frequently produce compliance risk. The following points are concrete implementation pitfalls grounded in the statutory text.
Possession without a licence or proper authority
Licence‑holders must not take possession of a body unless permitted under s 8C(1) and, where s 100 of the Coroners Act 2009 applies, satisfied that the required document has been provided (s 9). Failure to check that coroner‑related documentation is in order can expose a licence-holder to the higher penalty in s 9 (40 units or 6 months’ imprisonment or both). The “s 100” cross‑reference in s 9 is a specific procedural trigger that requires verification before possession.
Funeral directors are not lawful possessors for enabling use
A person is not a person with lawful possession for the purposes of s 8C(1) if that person is a funeral director or other person entrusted with the body only for disposal (s 8C(2)). That means licence-holders cannot rely on a funeral director’s custody to lawfully permit a holder to use a body for anatomical examination; they need a proper authority as defined in ss 8/8A and lawful possession that is not limited solely to disposal.
Coroner consent is mandatory in many deaths
Where the coroner has jurisdiction to hold an inquest, neither designated officers nor senior available next of kin may authorise anatomical examination without coroner consent, and the penalty for breach is severe (s 8B(2)). Coroner consent may be oral but must be confirmed in writing as soon as practicable (s 8B(5)), so institutional procedures must capture and preserve written confirmation of any oral coroner consent.
The order and nature of senior available next of kin can be consequential
The definition of senior available next of kin establishes an ordered list of potential decision‑makers (s 4). Institutions must follow the statutory order and check availability. The Act also allows delegation by instrument in writing from a next of kin (s 4B), but the delegate is taken to be of the same order; improper delegation or failure to confirm an authorized delegate risks s 14 offences (ss 14(3B) and 8A(4) impose requirements about required inquiries).
Retention limits are time‑bound and inspectors have authority to extend
Bodies must be disposed of within four years after death unless an inspector authorises retention up to a point that is not more than eight years after death (s 12(1)-(2)(a)). Inspectors must consider the purposes for retention and ensure compliance with initial authorising terms (s 12(2A)). If licence-holders rely on older retention arrangements that predate amendments, Schedule 2 contains transitional provisions that must be checked (Schedule 2 cl 3).
Human tissue transfer obligations and return arrangements
When transferring tissue under s 11A(1), the holder must ensure arrangements for the return of tissue by a specified date (s 11A(2)) and must record detailed transfer particulars immediately (s 11A(3)). Recipients must return tissue within the arranged period or by the disposal deadline at s 12, unless exceptions apply for tissue destroyed or permanently retained (s 11A(5)-(6)). Failure to make or record return arrangements risks a 10‑unit penalty and chain‑of‑custody problems.
Dignity obligation: operational but legally enforceable
The statutory direction to have regard to the dignity of the deceased during anatomical examinations (s 16A) is a non‑technical but enforceable duty. It lacks precise standards in the Act; however, regulations may adopt external codes of practice (s 17(2A)), which may give content to dignity obligations.
Licence terms and revocation
Licences may be issued in the name of an office (s 6(4)) and may be revoked at any time (s 6(5)). On revocation, the person must deliver up the licence and register to an inspector and transfer or dispose of any body in their possession in accordance with the transfer/disposal provisions (s 13). Institutions should document continuity plans and chain‑of‑custody to avoid operational disruption in the event of revocation.
Regulatory adoption of external standards can change compliance obligations
Regulations may adopt NHMRC or other external guidelines by incorporation (s 17(2A)). That means compliance obligations can evolve without primary legislation; institutions must monitor regulatory changes and any adopted documents.
The coroner constraint and limited scope for the coroner’s considerations
While coroner consent is required in coronial deaths (s 8B(2)), the coroner’s consideration is expressly limited to the effect an anatomical examination may have on the conduct of the inquest (s 8B(6)). That creates a narrow statutory test that may not align with broader clinical or ethical concerns; practitioners must ensure coroners are provided with the relevant procedural and evidentiary information to make that assessment.
In short, the “gotchas” arise where procedural verification is required (consent, coroner documents), where statutory persons (funeral directors, next of kin, designated officers) have restricted roles, where time limits and return arrangements are strict, and where administrative discretion (licence terms, inspector authorisations) can change operational obligations instantly.
How to comply
This section is a practical checklist and procedural roadmap, rooted in the statutory text. It addresses the typical institutional actors that will be licence‑holders (universities, medical and research institutions, pathology labs) and describes steps to manage the Act’s procedural, record‑keeping, consent verification and transfer obligations.
Licensing and initial setup
Identify the proper applicant. Ensure the person applying for a licence is “in charge of the conduct of anatomical examinations” at the institution (s 6(2)). The Director‑General issues licences and may specify terms and conditions (s 6(1), (3)); applications should therefore be complete and propose compliance measures for licence terms likely to be imposed.
Establish licensed premises. Licences are place‑specific (s 6(1)); ensure the facilities intended for anatomical examinations meet hygiene and standards requirements and are described accurately in the application. Anticipate regulation standards (s 17) and possible adoption of NHMRC or other codes (s 17(2A)).
Prepare for conditions. Draft proposals for terms and conditions the Director‑General may require, including staff qualifications, hygiene protocols, record‑keeping practices, chain‑of‑custody and disposal arrangements (s 6(3), s 17(2)(c)).
Consent verification before taking possession
Check for deceased’s in‑life written consent. If the deceased gave written consent to anatomical examination that has not been revoked, a designated officer (for hospital/for
(c) an institution that is under the control of the Health Administration Corporation,
at which post mortem examinations of bodies are carried out, but does not include a hospital.
function includes a power, authority or duty.
hospital means:
(a) a public hospital within the meaning of the Health Services Act 1997, or
(b) a private health facility within the meaning of the Private Health Facilities Act 2007.
human tissue means an organ or other part of a body.
inspector means inspector appointed under section 7 (1).
licence means licence in force under section 6.
licensed premises means a place specified in a licence at which the holder of the licence may conduct anatomical examinations.
next of kin means:
(a) in relation to a deceased child—a person referred to in paragraph (a) of the definition of senior available next of kin, and
(b) in relation to any other deceased person—a person referred to in paragraph (b) of that definition.
register means register required to be kept under section 10.
regulation means regulation made under this Act.
senior available next of kin means:
(a) in relation to a deceased child:
(i) a parent of the child,
(ii) where a parent of the child is not available—a brother or sister of the child, being a brother or sister who has attained the age of 18 years, or
(iii) where no person referred to in subparagraph (i) or (ii) is available—a person who was a guardian of the child immediately before the death of the child, and
(b) in relation to any other deceased person:
(i) a person who was a spouse of the deceased person immediately before the deceased person’s death,
(ii) where the deceased person, immediately before death, had no spouse or the deceased person had a spouse but the person who was then the deceased person’s spouse is not available—a son or daughter (if any) of the deceased person, being a son or daughter who has attained the age of 18 years,
(iii) where no person referred to in subparagraph (i) or (ii) is available—a parent of the deceased person, or
(iv) where no person referred to in subparagraph (i), (ii) or (iii) is available—a brother or sister of the deceased person, being a brother or sister who has attained the age of 18 years.
(2) In this Act:
(a) a reference to a parent of a person includes a reference to a step-parent or adoptive parent of the person,
(b) a reference to a son or daughter of a person includes a reference to any person of whom the person is a parent,
(c) a reference to a brother or sister of a person includes a reference to any person who is a son or daughter of a parent of the person, and
(d) a reference to a spouse of a person is a reference to:
(i) a person to whom the person is legally married (including a husband or wife of the person), or
(ii) the person’s de facto partner,
but where more than one person would so qualify as a spouse, is a reference only to the last person so to qualify.
Note—
“De facto partner” is defined in section 21C of the Interpretation Act 1987.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(3) In this Act, a reference to the use of a body for medical or scientific purposes includes carrying out any procedure on the body, or subjecting the body to an experiment, process or research, for medical or scientific purposes.
(4) In this Act, a reference to medical or scientific purposes includes educational purposes connected with medicine or science.
s 4: Am 1982 No 138, Sch 1; 1983 No 165, Sch 1 (1); 1986 No 53, Sch 1; 1992 No 111, Sch 2; 1997 No 154, Sch 6.3; 1999 No 4, Sch 2.1 [1] [2]; 2003 No 18, Sch 1 [1] [2]; 2007 No 9, Sch 5.2; 2010 No 19, Sch 3.3 [1] [2]; 2013 No 47, Sch 1.3; 2018 No 28, Sch 1.2.
4A Notes
4A Notes
4A Notes
Notes included in this Act do not form part of this Act.
s 4A: Ins 2003 No 18, Sch 1 [3].
4B Delegation of functions of next of kin
4B Delegation of functions of next of kin
4B Delegation of functions of next of kin
(1) A next of kin of a deceased person may from time to time, by instrument in writing, authorise a person to exercise his or her functions under this Act as a next of kin of the deceased person.
(2) In such a case, the person so authorised:
(a) may exercise the functions of a next of kin of the deceased person under this Act (other than the function conferred by subsection (1)), in the place of the person who authorised him or her, and
(b) is taken, for the purposes of this Act, to be a next of kin of the deceased person, and
(c) for the purposes of the definition of senior available next of kin in section 4 (1), is taken to be a next of kin of the same order as the person who authorised him or her to exercise the functions of a next of kin.
s 4B: Ins 2003 No 18, Sch 1 [3].
5 Anatomical examination does not include post mortem examination
5 Anatomical examination does not include post mortem examination
5 Anatomical examination does not include post mortem examination
In this Act, a reference to an anatomical examination, or to the possession of a body for the purposes of an anatomical examination, does not include a post mortem examination, or the possession of a body for the purposes of a post mortem examination, if that post mortem examination is:
(a) required or directed to be made by a competent legal authority, or
(b) made or to be made pursuant to an authority under Part 5 of the Human Tissue Act 1983.
Note—
Accordingly, a licence under this Act is not required to conduct such a post mortem examination.
s 5: Am 1983 No 165, Sch 1 (2). Subst 2003 No 18, Sch 1 [4].
Part 2 Regulation of anatomical examinations
Part 2 Regulation of anatomical examinations
Part 2 Regulation of anatomical examinations
pt 2, hdg: Subst 2003 No 18, Sch 1 [5].
6 Director-General may issue licence to person to conduct anatomical examinations
6 Director-General may issue licence to person to conduct anatomical examinations
6 Director-General may issue licence to person to conduct anatomical examinations
(1) The Director-General may issue a licence to a person who has duly made an application under subsection (2) to conduct anatomical examinations at a place specified in the licence.
(2) An application for a licence may be made by any person who is in charge of the conduct of anatomical examinations at any university, college, school or other educational institution or at any research or medical institution.
(3) A licence shall be subject to such terms and conditions as may be determined by the Director-General and specified in the licence.
(4) A licence may be issued in the name of the person who applied for the licence or in the name of the holder of that person’s office from time to time.
(5) A licence may be revoked by the Director-General at any time.
s 6: Am 1982 No 138, Sch 1; 2003 No 18, Sch 1 [6] [7].
7 Inspectors
7 Inspectors
7 Inspectors
(1) The Minister may appoint any of the following people as an inspector for the purposes of this Act:
(a) an officer of the Department of Health,
(b) an employee of the Health Administration Corporation,
(c) an employee of a public health organisation within the meaning of the Health Services Act 1997.
(d) (Repealed)
(2) An inspector may inspect at any time any licensed premises.
s 7: Am 1982 No 138, Sch 1; 1996 No 30, Sch 1; 1999 No 31, Sch 3.1; 2003 No 18, Sch 1 [8].
8 Authority for anatomical examination where body of deceased at a hospital or forensic institution
8 Authority for anatomical examination where body of deceased at a hospital or forensic institution
8 Authority for anatomical examination where body of deceased at a hospital or forensic institution
(1) If a designated officer for a hospital or forensic institution is satisfied, after making such inquiries as are reasonable in the circumstances in relation to a person whose body is at the hospital or forensic institution, that:
(a) the person had, during the person’s lifetime, given his or her consent in writing to the anatomical examination of the person’s body after the person’s death, and
(b) the consent had not been revoked,
the designated officer may, by instrument in writing, authorise the anatomical examination of that person’s body.
(2) An authority under subsection (1) is not to be given in relation to a deceased child.
(3) If the designated officer is not satisfied as to the matters referred to in subsection (1), or the deceased person is a deceased child, and the designated officer is satisfied, after making such inquiries as are reasonable in the circumstances in relation to the deceased person, that:
(a) the deceased person had not, during the person’s lifetime, expressed an objection to the anatomical examination of the person’s body after the person’s death or, if the person had expressed such an objection, based on the most recent views expressed by the deceased person, the person no longer had an objection to the anatomical examination of the person’s body, and
(b) a senior available next of kin has given his or her consent in writing to the anatomical examination of the person’s body, and
(c) there is no next of kin of the same or a higher order of the classes in paragraph (a) or (b) of the definition of senior available next of kin in section 4 (1) who objects to the anatomical examination of the person’s body,
the designated officer may, by instrument in writing, authorise the anatomical examination of the person’s body.
(4) An authority must be given in accordance with the terms and any conditions of the relevant consent (that is, the consent referred to in subsection (1) (a) or (3) (b)).
s 8: Subst 1983 No 165, Sch 1 (3); 2003 No 18, Sch 1 [9]. Am 2012 No 72, Sch 2 [1].
8A Authority for anatomical examination where body of deceased not at a hospital or forensic institution
8A Authority for anatomical examination where body of deceased not at a hospital or forensic institution
8A Authority for anatomical examination where body of deceased not at a hospital or forensic institution
(1) If the body of a deceased person (other than a deceased child) is at a place other than a hospital or forensic institution, the anatomical examination of that person’s body is authorised if:
(a) the deceased person had, during the person’s lifetime, given his or her consent in writing to the anatomical examination of the person’s body after the person’s death, and
(b) the consent had not been revoked.
(2) The authority conferred by subsection (1) is subject to the terms and any conditions of the consent referred to in that subsection.
(3) If the body of a deceased person is at a place other than a hospital or forensic institution, a senior available next of kin of the person may, by instrument in writing, authorise the anatomical examination of the person’s body.
(4) A senior available next of kin must not grant an authority under subsection (3) if it appears to the senior available next of kin, after making such inquiries as are reasonable in the circumstances, that:
(a) the deceased person had, during the person’s lifetime, expressed an objection to the anatomical examination of the person’s body after the person’s death unless, based on the most recent views expressed by the deceased person, it appears that the person no longer had an objection to the anatomical examination of the person’s body, or
(b) another next of kin of the same or higher order of the classes in paragraph (a) or (b) of the definition of senior available next of kin in section 4 (1) objects to the anatomical examination of the person’s body.
Maximum penalty: 10 penalty units.
s 8A: Ins 1983 No 165, Sch 1 (3). Am 1992 No 112, Sch 1. Subst 2003 No 18, Sch 1 [9]. Am 2012 No 72, Sch 2 [2].
8B Consent by coroner
8B Consent by coroner
8B Consent by coroner
(1) This section applies to a person in respect of whose death a coroner has jurisdiction to hold an inquest under the Coroners Act 2009.
(2) A designated officer for a hospital or a forensic institution or a senior available next of kin shall not authorise the anatomical examination of the body of a person to whom this section applies unless a coroner has given consent to the examination.
Maximum penalty: 40 penalty units or imprisonment for 6 months, or both.
(3) Section 8A (1) does not apply in relation to a person to whom this section applies unless a coroner has given consent to the anatomical examination of the person’s body.
This is an opening excerpt, not the complete document.