26BAuthority to perform non-coronial autopsy

26B Authority to perform non-coronial autopsy

(1)  A designated officer, by instrument in writing, may authorise a non-coronial autopsy of the body of a deceased person if, after making reasonable enquiries, the designated officer is satisfied that –

(a) the deceased person is not a deceased child; and

(b) the deceased person had, during his or her lifetime, given written consent to the non-coronial autopsy; and

(c) the consent had not been withdrawn or revoked before the deceased person's death; and

(d) if the deceased person is an affected deceased person, the coroner has consented under section 28A to the non-coronial autopsy.

(2)  A designated officer, by instrument in writing, may authorise a non-coronial autopsy of the body of a deceased person if, after making reasonable enquiries, the designated officer –

(a) is not satisfied of the matters referred to in subsection (1) ; but

(b) is satisfied that –

(i) the deceased person did not, during his or her lifetime, object to a non-coronial autopsy being performed after his or her death; and

(ii) the senior available next of kin of the deceased person has given written consent to the non-coronial autopsy; and

(iii) the consent of the senior available next of kin has not been withdrawn or revoked; and

(iv) no objection to the non-coronial autopsy has been made by any other next of kin (of the same or of a higher order of the classes of next of kin specified in the definition of senior available next of kin in section 3 ); and

(v) if the deceased person is an affected deceased person, the coroner has consented under section 28A to the non-coronial autopsy.

(3)  However, subsection (2)(b)(ii) , (iii) and (iv) do not apply if, after making reasonable enquiries, a designated officer is unable to locate, or ascertain the existence of, any of the deceased person's next of kin.