NSWIn ForceAct
Human Tissue Act 1983
28Authority for post-mortem examination where body of deceased at a hospital
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#### 28 Authority for post-mortem examination where body of deceased at a hospital
28 Authority for post-mortem examination where body of deceased at a hospital
> > (1) If a designated officer for a hospital is satisfied, after making such inquiries as are reasonable in the circumstances in relation to a person who has died in the hospital or whose dead body has been brought into the hospital, that—
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> > > (a) the person had, during the person’s lifetime, given his or her consent in writing to the post-mortem examination of that person’s body, and
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> > > (b) the consent had not been revoked,
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> > the designated officer may, by instrument in writing, authorise the post-mortem examination of that person’s body in accordance with the terms and any conditions of the consent.
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> > (2) An authority under subsection (1) is not to be given in respect of a deceased child.
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> > (3) If the designated officer is not satisfied as to the matters referred to in subsection (1), or the deceased person is a deceased child, and the designated officer is satisfied, after making such inquiries as are reasonable in the circumstances in relation to the deceased person, that—
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> > > (a) the deceased person had not, during the person’s lifetime, expressed an objection to the post-mortem examination of the person’s body, and
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> > > (b) a senior available next of kin has given his or her consent in writing to the post-mortem examination of the person’s body, and
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> > > (c) there is no next of kin of the same or a higher order of the classes in paragraph (a) or (b) of the definition of senior available next of kin in section 4 (1) who objects to the post-mortem examination of the person’s body,
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> > the designated officer may, by instrument in writing, authorise the post-mortem examination of the person’s body in accordance with the terms and any conditions of the consent referred to in paragraph (b).
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> **s 28:** Subst 2003 No 18, Sch 2 \[16\].