4Definitions

#### 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](/view/html/inforce/current/act-1983-164) 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](/view/html/inforce/current/act-1983-164) 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](/view/html/inforce/current/act-1997-154)), or > > > > > (b) an accredited pathology laboratory under the [Health Insurance Act 1973](http://www.legislation.gov.au/) of the Commonwealth, or > > > > > (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](/view/html/inforce/current/act-1997-154), or > > > > > (b) a private health facility within the meaning of the [Private Health Facilities Act 2007](/view/html/inforce/current/act-2007-009). > > > > 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](/view/html/inforce/current/act-1987-015). > > > > Note— > > > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) 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.