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Coroners Act 1997
27Warrant for exhumation of body or recovery of ashes
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27 Warrant for exhumation of body or recovery of ashes
(1) A coroner may issue a warrant for—
(a) the exhumation for post-mortem examination of a body that has
been buried; or
(b) if the body of the deceased has been cremated—the recovery of
the ashes;
if the coroner is satisfied that—
(c) there is reasonable cause to believe that the person died in
circumstances in relation to which the coroner has jurisdiction
to hold an inquest; and
(d) a post-mortem examination of the body or an analysis of the
ashes of the deceased should be made.
(2) If—
(a) the body of a deceased person has been buried or cremated and
the inquest concerning the death of that person has not been
completed; or
(b) the Supreme Court has quashed an inquest and has directed that
a fresh inquest be held;
a coroner may, if of the opinion that—
(c) a post-mortem examination or a more complete post-mortem
examination should be made of the body; or
(d) an analysis or more complete analysis should be made of the
ashes of the deceased;
issue a warrant for the exhumation of the body or, if practicable, for
the recovery of the ashes for the post-mortem examination or analysis
or the more complete post-mortem examination or analysis.
(3) Where—
(a) the body of a person who died outside the ACT has been buried
in the ACT or the ashes of a person who so died are in the ACT;
and
(b) a coroner having jurisdiction in the place where the person died
informs a coroner that—
(i) an inquest is to be, or is being, held into the cause of the
death of the person; and
(ii) it is desirable that a post-mortem examination or a more
complete post-mortem examination should be made of the
body or an analysis or more complete analysis be made of
the ashes;
the coroner may issue a warrant for the exhumation of the body or for
the recovery of the ashes of the deceased for a post-mortem
examination or a more complete post-mortem examination or an
analysis or more complete analysis of the ashes.