41Senior next of kin to be advised of removal of tissue direction

41 Senior next of kin to be advised of removal of tissue direction

(1) If a coroner makes a direction to a medical investigator under section 28(2) of the Act, the medical investigator or a registrar must, by notice, advise the senior next of kin of the direction.

(2) A notice under paragraph (1) must specify the following—

(a) the tissue or other material to be preserved;

(b) the duration for which the tissue or other material is required to be preserved;

(c) that if the tissue or other material is not destroyed during the medical examination, the senior next of kin may have the option to deal with the tissue or other material after the expiry of the preservation period;

(d) that an option to deal with the tissue or other material after the expiry of the preservation period may be restricted because of public health and safety concerns or the interests of justice;

(e) that, if the senior next of kin decides to exercise the option to deal with the tissue or other material after the expiry of the preservation period—

(i) the senior next of kin may advise the medical investigator or registrar of that decision; and

(ii) the medical investigator or registrar must complete a request for release of tissue and preserved material form on behalf of the senior next of kin.

(3) A request for release of tissue and preserved material form must be in Form 14.

(4) If a coroner receives a request for release of tissue and preserved material, the coroner may order the release of the preserved tissue or other material if—

(a) the tissue or other material has not been destroyed; and

(b) there are no concerns regarding the release of the tissue or other material as specified in paragraph (2)(d).

(5) An order under paragraph (4) must be in Form 15.

Part 2—Investigation of fires