15Authority 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:

(a) the Minister administering the Children and Young Persons (Care and Protection) Act 1998 has sole parental responsibility in respect of the child (whether under that Act or otherwise), or

(b) the Director-General under the Children and Young Persons (Care and Protection) Act 1998 has sole parental responsibility in respect of the child (whether under that Act or otherwise).

s 15: Rep 1983 No 165, Sch 1 (10). Ins 2003 No 18, Sch 1 [19]. Am 2009 No 41, Sch 4.