26Objections to autopsy

26 Objections to autopsy

(1) A coroner must take reasonable steps to notify the senior next of kin of the deceased of a direction given by the coroner under section 25(2).

S. 26(2) substituted by No. 62/2014 s. 62(1).

(2) Within 48 hours after receiving notice under subsection (1), the senior next of kin may—

(a) ask the coroner to reconsider the direction that an autopsy be performed; or

(b) if the senior next of kin does not object to the autopsy and would like the autopsy to be performed without delay, consent, in accordance with the rules, to the waiver of the period remaining for the senior next of kin to make a request under paragraph (a).

S. 26(3) amended by No. 62/2014 s. 62(2).

(3) If, after considering a request under subsection (2)(a), the coroner determines that—

(a) the autopsy is necessary for the investigation of the death; and

(b) it was appropriate to make the direction under section 25(2)—

the coroner must, without delay, give written notice of the determination to the senior next of kin.

(4) A direction under section 25(2) does not take effect until—

(a) subject to paragraphs (b) and (c) 48 hours after the required notice has been given under subsection (1); or

S. 26(4)(b) substituted by No. 62/2014 s. 62(3).

(b) subject to paragraph (c), if—

(i) a request has been made under subsection (2)(a), 48 hours after the notice is given under subsection (3); or

(ii) the remainder of the period specified in subsection (2) has been waived by the senior next of kin under subsection (2)(b), on the giving of the waiver; or

(c) a direction is given under subsection (5).

(5) A coroner may—

(a) direct that an autopsy be performed immediately, without giving notice under this section, if—

(i) the coroner believes it is appropriate in the circumstances; or

(ii) there is no senior next of kin or the next of kin cannot be located; or

(b) direct that an autopsy be performed less than 48 hours after the senior next of kin has been given notice under subsection (3) if the senior next of kin advises the coroner that he or she will not appeal to the Supreme Court against the direction that an autopsy be performed.

An appeal can be made to the Supreme Court under Part 7 against the direction made by a coroner under section 25(2) in certain circumstances.