25Consent by coroner

#### 25 Consent by coroner 25 Consent by coroner > > (1) If a coroner has jurisdiction to hold an inquest under the [Coroners Act 2009](/view/html/inforce/current/act-2009-041) in respect of the death of a person, a designated officer for a hospital, a senior available next of kin or the principal care officer must not authorise the removal of tissue from the person’s body unless a coroner has given consent to the removal of the tissue. > > > > Maximum penalty—40 penalty units or imprisonment for 6 months, or both. > > > (2) A consent by a coroner under this section may be given before a person’s death if the coroner reasonably believes the coroner will have jurisdiction to hold an inquest under the [Coroners Act 2009](/view/html/inforce/current/act-2009-041) in respect of the person’s death. > > > (2A) A consent by a coroner under this section may be withdrawn by the coroner at any time. > > > (3) If a coroner has jurisdiction to hold an inquest under the [Coroners Act 2009](/view/html/inforce/current/act-2009-041) in respect of the death of a person to whom section 24(1) applies, the removal of tissue from the body of the person is not authorised unless a coroner has given consent to the removal of the tissue. > > > (4) A consent by a coroner under this section may be expressed to be subject to such conditions as are specified in the consent. > > > (5) A consent by a coroner under this section may be given orally and, if so given, is to be confirmed in writing as soon as practicable. > > > (6) A coroner shall, in determining the conditions (if any) to which a consent shall be subject, have regard only to the effect which the removal of tissue from the body of the person to whom the consent relates may have in relation to the conduct of any inquest which a coroner has jurisdiction to hold in respect of that person’s death. > > **s 25:** Am 1992 No 112, Sch 1; 1994 No 32, Sch 1; 2008 No 87, Sch 1 \[6\]; 2009 No 41, Sch 4; 2020 No 32, Sch 4\[2\]; 2022 No 41, Sch 5\[4\].