Anatomy (Forms and Fees) Regulations 1933

Anatomical examination - The purpose for which bodies are donated, stated on Form B(1) as “for the advancement of medical education”. This is narrower than anatomical research or general scientific study. The forms do not define “anatomical examination” but it is reasonable to infer it covers dissection of the whole body for teaching anatomy to medical students and practitioners. The term does not extend to retention of organs or tissue for indefinite periods unless that is incidental to the examination.

School of anatomy - The recipient institution. The forms require the name of the school to be inserted in the heading (e.g., “To the Principal of the …………… School of Anatomy”). This implies the regulation contemplates multiple designated schools in Western Australia, though the Act would determine which institutions qualify. The principal of each school is the central figure: they receive the body (Form D, E), notify the Chief Health Officer (Form F), authorise burial (Form H), and acknowledge disposal (Form I). The school maintains a register.

Bequest of body - The donor’s expressed wish (Form B(1)) is a unilateral declaration, not a contract. It is revocable during life. The form includes a note that the donor should inform their senior next of kin and executor. The bequest is not legally binding if the next of kin objects after death, because Form B(2) requires the senior next of kin’s agreement. So the donor creates an expectation but not an enforceable right.

Senior next of kin - The person whose agreement is needed for the body to be delivered to the school after death. The term is not defined in the regulations, but presumably follows the hierarchy under common law (spouse, adult children, parents, siblings). Form B(2) includes a statement for the senior next of kin to sign, agreeing to the examination. If the senior next of kin is unavailable, the note on Form B(2) instructs that they “should be requested” to sign - but the form still allows the informant (executor, administrator) to deliver the body. This creates ambiguity: the agreement is strongly encouraged but not strictly required if the informant is an executor with authority over the estate.

Lawful custodian - The person with lawful possession of the body at the time of death, typically the person in charge of the hospital, nursing home, or similar institution where death occurred. Form C is completed by the “lawful custodian” (often a superintendent or medical director). The custodian must give notice to the Chief Health Officer before removal. Form D is also completed by the “lawful custodian” when sending the body to the school. This role is crucial because the custodian must certify the absence of infectious disease and that no medical certificate is missing.

Chief Health Officer - The state official who receives notifications under the Act. Form C, F, G, and J are all addressed to the Chief Health Officer. The 2017 amendment changed references from “Commissioner of Public Health” to “Chief Health Officer” to align with the Public Health Act 2016. The officer does not approve or veto the examination (no express power to refuse is stated in the forms) but the notification requirement allows the officer to monitor compliance and intervene if irregularities appear.

Sepulture - A formal term for burial. Form G refers to “having returned, for the purpose of sepulture, the remains of persons which have undergone Anatomical Examination”. The forms do not allow cremation directly; the preference stated on Form B(1) is for “disposal of remains (burial or cremation)” but the burial forms (G, H, I, J) all refer to interment (burial) in a cemetery. There is no cremation form. This suggests that after anatomical examination, the remains must be buried - cremation may be a practical impossibility because by then the body is already dissected. The preference recorded on Form B(1) may be for eventual disposal of the ashes if the body is not accepted for examination, but the regulations do not address this.

Register number - A unique identifier assigned by the school of anatomy to each body received. It appears on all subsequent forms (F through J). This ties the chain of custody together and allows cross-referencing with the principal’s “Receiving Book” mentioned in Form I. The register number is a key compliance tool.

The regulations directly affect a small number of individuals and institutions, but with sharp legal consequences for each. The primary actors are:

Donors - Any person who wishes to donate their body after death for anatomical examination. They must complete Form B(1) while alive, providing personal details, religious persuasion, burial preference, and information about their will and executor. The donor’s signature must be witnessed. The form is not a legally binding contract but it expresses a wish that the senior next of kin is asked to respect. Donors bear the cost of making their wishes known and potentially updating their will to refer to the bequest.

Senior next of kin - The donor’s closest living relative. After death, this person must complete Form B(2) to deliver the body to the school. The form includes a separate statement for the senior next of kin to agree to the examination. If the senior next of kin objects, the school cannot proceed with dissection because no body can be lawfully delivered without the next of kin’s consent (the custodian must deliver to the next of kin if no bequest is honoured). The next of kin also has a right to know the religious persuasion and burial preference, and to ensure those are respected after the examination.

Executors and administrators - If the donor made a will, the executor should be informed of the bequest. The note on Form B(1) says a copy of the statement will be supplied for filing with the will on request. Executors may need to coordinate with the school and next of kin to ensure the body is delivered. If there is no will, the administrator of the estate has similar duties.

Principals of schools of anatomy - The key institutional actor. The principal receives the body, issues receipts (Form E), notifies the Chief Health Officer of receipt (Form F), authorises the return of remains for burial (Form H), and keeps a register. The principal must ensure that all forms are completed and filed, and that the dissected remains are properly buried. The principal’s duties are operational and administrative; failure to notify the Chief Health Officer or to arrange burial could lead to enforcement under the Act.

Persons in charge of institutions where death occurs - Typically a hospital superintendent, nursing home manager, or prison governor. They must complete Form C (notice to Chief Health Officer of intended removal) and Form D (sending the body to the school). They must certify the cause of death and that the death was not from an infectious disease. This imposes a gatekeeping duty: if the death was from an infectious disease, the body cannot be removed for dissection. The person in charge must also check that the deceased never expressed an objection to anatomical examination. If they cannot personally attest to that, they must state “so far as I know” - a qualified statement that limits their liability but may still expose them if they were reckless.

Medical practitioners - A medical certificate of cause of death must accompany the body. Form D says “A certificate signed by a duly qualified medical practitioner and stating the cause of death must be furnished with this form.” The doctor’s certificate is independent of the forms but the regulations depend on it.

Chief Health Officer - Receives multiple notifications. The officer’s role is supervisory: they can cross-check Forms C, F, G, and J to ensure that every body removed has been accounted for and that the remains have been buried. The officer may inspect the school’s records if irregularities appear.

Cemetery authorities and officiating clergy - Form H authorises burial in a specific portion of a cemetery (often by religious denomination). Form J requires the person receiving the dissected remains to convey them to the cemetery and provide a certificate of the officiating clergyman. Clergy are involved because the religious persuasion of the deceased is recorded on every form, and burial must be in a portion designated for that denomination. This raises potential issues under anti-discrimination laws (see Gotchas).

Conveyors of bodies - Named on Form D as the person who physically transports the body to the school. They must be identified but have no duties under the regulation.

The general public - Indirectly affected because the regulations facilitate medical education. However, the compliance burden falls almost entirely on donors and their families, not on taxpayers. The deletion of fees means the state collects nothing from the process.

The regulations do not create duties or rights independently; they implement the Act. But the forms impose several clear obligations and confer certain entitlements.

Duty to use the prescribed forms. Regulation 1a makes the forms mandatory. A principal who receives a body without a completed Form D and accompanying medical certificate would be acting without the prescribed documentation. Similarly, a custodian who removes a body without filing Form C with the Chief Health Officer would be in breach. The forms are not mere templates - they must be used in the exact statutory format.

Duty to notify the Chief Health Officer. The custodian must give notice of intended removal before removing the body (Form C). The principal must give notice of receipt of the body (Form F) and notice of returning the remains for sepulture (Form G). The person receiving the dissected remains for burial must give notice of having conveyed them to the cemetery (Form J). These sequential notifications create transparency and allow the state to monitor the use of donated bodies.

Duty to certify non-infectious cause of death. Form C requires the person in charge to certify that the death “was not caused by an infectious disease” and that a medical certificate of cause of death has been given. This is a strict duty - if the certification is false, the custodian may be liable for offences under the Act or under public health laws. The form does not require the custodian to be a medical practitioner, so a hospital administrator could make this certification based on available information, but doing so carries legal risk.

Duty to ascertain the deceased’s objection status. Form C includes the statement: “During life he/she has never expressed to me, nor, so far as I know, to any other person, a wish that his/her remains should not be submitted to anatomical examination.” The custodian must make reasonable enquiries to satisfy this. “So far as I know” provides a defence only if the custodian genuinely had no knowledge of any objection.

Duty to record religious persuasion. Every form except Form E (receipt) and Form I (acknowledgment of receipt for interment) requires the religious persuasion of the deceased. This is not optional. The duty reflects an era when burial in consecrated ground was denomination-specific. The ongoing inclusion of this field may conflict with modern anti-discrimination legislation, but it is still prescribed.

Right of the donor to choose disposal preference. Form B(1) asks the donor to state “Preference as to disposal of remains (burial or cremation)”. While the post-dissection burial forms assume burial, the donor’s stated preference may influence the school’s handling of the remains. However, if the school cannot cremate dissected remains, the preference may be unenforceable.

Right of the senior next of kin to agree or withhold consent. Form B(2) contains a statement for the senior next of kin to sign, explicitly agreeing to the examination. This confirms the next of kin’s right to veto the donation. If the next of kin does not sign, the body should not be accepted (or if already accepted, the examination should not proceed). This is a real right, not a formality.

Right of the executor or administrator to deliver the body. Even without the next of kin’s signature, the informant (executor, administrator) may complete Form B(2) and deliver the body. This creates a tension: the note says “If the senior next of kin is available they should be requested to complete and sign” the agreement statement, but the form does not make it mandatory for the informant to obtain that signature. A careful executor would obtain it to avoid later conflict.

Right of the school principal to receive the body. Form D and E are receipts that acknowledge lawful custody. The principal is not obliged to accept every body; the forms do not impose an obligation to accept. But once received, the principal has duties to notify the Chief Health Officer and to arrange burial.

Duty to maintain a register. The forms (F through J) include a “Register No.” field, implying the principal must keep a chronological register of all bodies received. Form I is to be “filed and kept by the Principal”. This administrative duty is essential for traceability.

Duty to arrange sepulture. The principal must complete Form H (Authority for burial) and give the remains to a person for interment. The principal cannot simply dispose of the remains. The person receiving the remains must be identified and must complete Form J to the Chief Health Officer. The regulations do not specify a timeframe for burial, but the Act likely requires it within a reasonable period.

These regulations do not themselves create penal provisions. The Anatomy Act 1930 contains the substantive offences - such as unlawful possession of a body, failing to deliver a body when required, or obstructing the inspector. Since the regulations are the procedural vehicle for lawful conduct, deviation from the prescribed forms could be evidence of a breach of the Act. For example, removing a body for dissection without giving notice in Form C may constitute an offence under s 16 of the Act (which prohibits removal without authorisation). Similarly, a principal who receives a body without a completed Form D and medical certificate may be in breach of s 8 (which requires the principal to be satisfied of lawful authority).

The Chief Health Officer receives the notifications and can detect non-compliance by matching Forms C, F, G, and J. If a body is removed but no Form C is received, the officer has grounds to investigate. If a body is received but never accounted for at burial, the officer could request an explanation.

The forms also impose certification duties. A false statement on Form C (e.g., falsely certifying that the death was not infectious) could be prosecuted under the Act’s offence of giving false information or under the general criminal law. The “so far as I know” qualifier provides a defence only if the certifier had no actual knowledge.

Because the old fee regulations (2 and 3) were deleted, there is no current fee payable. This reduces the financial deterrent effect, but the cost of non-compliance is the inability to proceed lawfully. A school that bypasses the forms risks having its authority revoked under the Act, and the principals and staff may face criminal penalties.

Enforcement is likely reactive rather than proactive. The Chief Health Officer has no express power under the regulations to enter premises (that would be under the Act), but the notification requirements make it feasible to monitor. The narrow scope of the regulations (only forms and no fees) means there is little room for monetary penalties at this subordinate level. The real teeth are in the parent Act, which is not provided here.

The regulations are subordinate to the Anatomy Act 1930 (WA) and give effect to its procedural requirements. Any person using the forms must ensure consistency with the Act’s substantive provisions - for example, that the body is not that of a person who objected during life, and that the school is lawfully authorised. The regulations do not override the Act; they implement it.

The Public Health Act 2016 (WA) is relevant because the Chief Health Officer is the official designated to receive notifications. The 2017 amendment changed references from “Commissioner of Public Health” to “Chief Health Officer” to align with the new public health regime. The infectious disease certification on Form C also interacts with public health law: if a death is from a notifiable disease, the body may not be released for dissection until public health requirements (such as safe handling and reporting) are met. The regulations do not create a carve-out for notifiable diseases - they simply exclude infectious disease deaths outright.

Burial and cremation legislation interacts strongly. The forms assume burial in a cemetery and require an officiating clergyman and a specific burial portion by denomination. This suggests that the regulations were drafted when cemetery management was denominationally segregated. Modern burial law in Western Australia (the Cemeteries Act 1986 and the Burial and Cremation Act 2020) allows for secular burial and cremation. The use of Form H (Authority for burial) may need to be compatible with current cemetery management practices. The form is prescribed, but a cemetery may require additional authorisation under its own rules. The regulations do not address cremation after dissection; if a school wishes to cremate the remains, it would need to comply with the Cremation Act 1929 (WA) and its regulations. The forms’ silence on cremation may create a practical gap.

The Equal Opportunity Act 1984 (WA) and Work Health and Safety Act 2020 (WA) are relevant. The requirement to record religious persuasion on nearly every form could be seen as collecting personal sensitive information, potentially requiring compliance with privacy principles under the Freedom of Information Act 1992 or common law. The 2003 amendment (Equality of Status Subsidiary Legislation Amendment Regulations) updated the forms to remove gender-specific language (e.g., “he/she” replaced “he”, and “senior next of kin” replaced “widow” or “widower”). This was likely to comply with sex discrimination laws. However, the forms still ask for religious persuasion, which may raise issues if a school or cemetery refuses burial because of denomination.

The regulations are also affected by the Interpretation Act 1984 (WA), which governs the reading of references to officers and expressions in subordinate legislation. The compilation table shows amendments up to 2017, so the current text is static unless further amendments occur.

Finally, the common law rights of next of kin over a dead body (the “right to possession” for burial) are implicitly recognised in the requirement for the senior next of kin’s consent. The regulations do not override those rights but facilitate their exercise.

The Anatomy (Forms and Fees) Regulations 1933 were originally gazetted on 3 February 1933 and commenced that day. The compilation table in the source shows nine amendment events, not counting the original.

• 2 July 1948: The Schedule was inserted, replacing earlier forms. This is the first significant reform, establishing the current structure of the forms.
• 17 December 1948: Minor amendment to the Schedule.
• 13 June 1958: Further amendment to the Schedule (likely updating the forms).
• 29 June 1984: The Health Legislation Amendment Regulations 1984 amended the regulations, likely to reflect changes in health administration. Commenced 1 July 1984.
• 20 October 1989: The Anatomy (Forms and Fees) Amendment Regulations 1989 made further changes.
• 12 June 1992: Amendment inserted new regulation 1 (citation) and regulation 1a (forms prescribed). Also made changes to forms. This was the first time the citation provision was formally inserted (the original 1933 regulations apparently had a different citation).
• 22 January 1999: Regulations 2 and 3 (dealing with fees) were deleted. This removed the fee schedule entirely. No fees have been prescribed since.
• 30 June 2003: The Equality of Status Subsidiary Legislation Amendment Regulations 2003 Part 2 amended the forms to replace gender-specific terms with gender-neutral language. For example, “he/she” replaced “he”, and the forms now refer to “senior next of kin” instead of “widow” or “widower”. This was part of a whole-of-government program to remove gender discrimination from subordinate legislation. Commenced 1 July 2003.
• 10 January 2017: The Health Regulations Amendment (Public Health) Regulations 2016 Part 2 amended references in Forms C, F, G, and J to replace “Commissioner of Public Health” with “Chief Health Officer”, and updated the date format from “19….” to a blank (though some forms still have “19….”). This aligned the regulations with the Public Health Act 2016. Commenced 24 January 2017.

Notable: The forms have been updated piecemeal. Some still retain the “19….” date placeholder (Forms C, D, E, F, G, H, I, J). This is anachronistic but legally valid until further amendment. The 2017 amendment did not update all of these.

No cases are cited in the source. The regulations are procedural and rarely litigated. There is no West Australian reported case where these regulations were central. The parent Act, the Anatomy Act 1930, has been litigated occasionally (e.g., disputes over possession of bodies or rights of next of kin), but the regulations themselves are administrative and unlikely to be challenged in court unless a procedural defect leads to a prosecution or a civil claim.

The absence of litigation history suggests that compliance is relatively straightforward and the regulatory burden is low. Alternatively, the small number of bodies donated (and the limited pool of schools) means disputes are resolved informally. In any event, the practitioner should not assume the regulations are immune to challenge; a well-prepared case could argue that the forms are ultra vires the Act if they exceed the powers granted (e.g., requiring information not authorised by the Act). But no such challenge has been recorded.

Several traps await the unwary practitioner, administrator, or donor.

Anachronistic date fields. Forms C, D, E, F, G, H, I, and J still show “19…..” as the date field. The 2017 amendment updated some but not all. A person completing these forms today may need to cross out “19…..” and write the current date. Failure to do so could technically make the form non-compliant, though a court would likely treat it as a minor error if the substance is correct. But for strict compliance, the user should manually amend the date field.

Religious persuasion recording. Every form (except E and I) requires the “Religious Persuasion” of the deceased. This is a field that may be considered sensitive personal information. There is no statutory authority in these regulations to collect this data beyond what is necessary for burial in a denominational cemetery. In modern times, cemeteries are often non-denominational, and collecting this information may be unnecessary. However, the forms still require it. A school that omits this field would be using an unapproved form. A donor or next of kin who objects to providing religious persuasion on privacy grounds may not be able to donate under the current forms. This is a trap for both donor and administrator.

No provision for objection to examination. Form B(1) is for those wishing to donate. There is no prescribed form for a person who wishes to object to anatomical examination of their body after death. The Act may deal with objections (e.g., a statement to that effect), but the regulations do not provide a form. This means a person who objects can only rely on informing their next of kin or custodian, but there is no statutory register of objections. The Form C custodian must check “so far as I know” for objections - but if the objector never told the custodian, the custodian would not know. This is a gap in the system.

Infectious disease gatekeeping. The certification on Form C - “the death in this case was not caused by an infectious disease” - is strict. The custodian must be certain. If the cause of death is unknown or suspected infectious, the body cannot proceed. This may delay burial or frustrate the donation if the certifier is cautious.

Next of kin agreement ambiguity. Form B(2) includes a separate statement for the senior next of kin to sign, but the note says “If the senior next of kin is available they should be requested to complete and sign” - “should” is not “must”. The informant (executor/administrator) can still deliver the body without the next of kin’s signature. This creates legal uncertainty: is the next of kin’s agreement legally required? The Act likely makes the consent of the person in lawful possession of the body the key requirement, but if the next of kin is not the custodian, their consent may not be strictly necessary. A practitioner should obtain the next of kin’s signed agreement to avoid later dispute.

No cremation pathway. All burial forms assume interment in a cemetery. There is no form for cremation after dissection. If a donor has specified cremation as their preference on Form B(1), the school cannot lawfully cremate the dissected remains under these regulations. They would need to seek separate authorisation under the Cremation Act 1929 regulator. This may be impossible if the remains are too fragmented. The donor’s preference may be unenforceable.

Outdated terminology. The references to “sepulture”, “interment”, and “officiating clergyman” reflect an older era. Modern cemeteries may not have “portions … of the Cemetery” by denomination. A cemetery authority may require the use of its own burial order forms. The prescriptive nature of the prescribed forms may conflict with modern practice. The Chief Health Officer may accept a modified form, but strict compliance technically requires the prescribed text.

No fee schedule. The deletion of fees means there is no statutory fee for anything under the Act. However, the school may charge its own fees for handling remains? The regulations are silent. This could lead to confusion over what costs the estate bears.

Compilation pitfalls. The regulations are compiled as at 10 January 2017. The user must check for any subsequent amendments not listed in the compilation table. The table ends with the 2017 Public Health amendment. If the parent Act was later amended, the regulations may need updating.

Compliance with the Anatomy (Forms and Fees) Regulations 1933 is essentially a matter of using the correct prescribed forms at each stage of the process. The steps are sequential.

1. Donation by living person (Form B(1)). The donor must complete Form B(1) while alive. The form requires the donor’s full name, usual address, date of birth, religious persuasion, preference as to disposal (burial or cremation), and name and address of senior next of kin. The donor must state whether they have made a will and give the executor’s name and address if so. The donor signs in the presence of a witness (who also signs and provides their address). The note advises the donor to inform the senior next of kin and the executor, and to request a copy of the form for filing with the will. The school of anatomy should keep the original.

2. Delivery after death (Form B(2)). After the donor dies, the informant (executor, administrator, or senior next of kin) completes Form B(2). The form asks for the same personal details and requires the status of the informant. The senior next of kin should sign the agreement statement on the form. The body must be delivered to the school together with the Form B(2) and a copy of the death certificate. The school should be contacted in advance to arrange receipt.

3. Notification by custodian (Form C). If death occurs in an institution (hospital, nursing home, prison), the person in charge must give notice to the Chief Health Officer of the intended removal. Form C must be completed, stating the deceased’s name, religious persuasion, sex, age, and the place of death. The custodian must certify that the death was not caused by an infectious disease and that a medical certificate of cause of death has been given. The custodian must also state that to their knowledge the deceased never expressed a wish not to be examined. The form is sent to the Chief Health Officer before the body is moved.

4. Sending the body to the school (Form D). The lawful custodian of the body (often the same person who gave notice) completes Form D addressed to the principal of the school. The form must state the name of the conveyor, sex, date of death, place of death, age, and religion. A medical certificate of cause of death must be attached. The body is then sent to the school with this form.

5. Receipt by the school (Form E). The principal (or their delegate) completes Form E as a receipt. It records the date, from whom the body was received, and the inmate/abode. The principal signs. This form starts the register number.

6. Notification of receipt (Form F). The principal must notify the Chief Health Officer that the body has been received. Form F repeats the deceased’s details, date and place of death, and includes the day and hour of receipt, who brought the body and to whom delivered. The principal certifies that the medical certificate of cause of death was received and encloses it with the form.

7. Anatomical examination. The school may now proceed with dissection for medical education. There is no prescribed form for the examination itself, but the school must maintain records.

8. Return of remains for burial (Form G). After examination, the principal must notify the Chief Health Officer that the remains are to be returned for sepulture. Form G is a table listing the name of the person whose dissected remains are to be buried, the date received, to whom given for burial, and religious persuasion. The principal signs and dates.

9. Authority for burial (Form H). The principal completes Form H addressed to the person who will arrange interment (likely a funeral director or cemetery superintendent). It requests burial of the remains in a specified portion of a named cemetery. Details of the deceased are repeated.

10. Acknowledgment (Form I). The person receiving the dissected remains for interment signs Form I, acknowledging receipt and stating the register number from the school’s receiving book. This form is kept by the principal.

11. Notice to Chief Health Officer of burial (Form J). The person who conveyed the remains to the cemetery (likely the person who signed Form I) must notify the Chief Health Officer that the remains have been buried. Form J requires the name of the deceased, the cemetery, the denomination portion, and a certificate from the officiating clergyman. This is the final step in the documentary chain.

General compliance tips.

• Ensure all fields on each form are completed. Blank fields may invalidate the form.
• Use the current version of the forms. Check the Government of Western Australia’s official website for any unpublished amendments.
• The register number must be consistent across Forms F through J.
• Keep copies of all forms for at least the period required by the parent Act (if any) or standard document retention policies.
• If the senior next of kin cannot be located or refuses to sign, do not proceed with delivery unless the executor or administrator can clearly show they have authority (e.g., will or grant of probate). Better to obtain a completed Form B(2) with the next of kin’s signature.
• For deaths from infectious disease, do not use these forms - the body cannot be accepted for anatomical examination.
• For bodies without a medical certificate of cause of death, the examination cannot proceed.
• If the donor wanted cremation, note that the burial forms do not cater for it. The school should discuss alternatives with the next of kin and may need separate authorisation under the Cremation Act 1929.
• The Chief Health Officer should be contacted if clarification is needed. The current contact can be found through the Department of Health website.