Coroners Act 1995
39Exhumation
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39 Exhumation
(1) The Chief Magistrate may order that the body of a deceased person be exhumed if the Chief Magistrate reasonably believes that it is necessary for an investigation of a death.
(2) The Chief Magistrate must ensure that at least 48 hours' notice in writing is given to the senior next of kin of the deceased person and to the trustees or owners of the cemetery, burial ground or place of burial where the body of the deceased person is buried before the body is exhumed unless the Chief Magistrate is satisfied it is not possible to give the notice.
(3) If the senior next of kin of the deceased person asks the Chief Magistrate not to exhume the body of the deceased person, the body must not be exhumed until 48 hours after the request has been made.
(4) Within 48 hours after receiving notice of the order under subsection (2) , the senior next of kin of the deceased person may apply to the Supreme Court for an order that the body of the deceased person not be exhumed and the Supreme Court, in its discretion, may make an order that the body not be exhumed.