Anatomy Act 1977

This Act may be cited as the Anatomy Act 1977.

This section and section 1 shall commence on the date of assent to this Act.

Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

In this Act, except in so far as the context or subject-matter otherwise indicates or requires:

anatomical examination of a body includes use of the body for medical or scientific purposes.

Note—

However, an anatomical examination does not include a post mortem examination that is required, directed or authorised as provided by section 5.

body means dead human body.

child means a person who has not attained the age of 18 years and who is not married.

designated officer means:

in relation to a hospital, a person appointed for the time being under section 5 (1) (a) of the Human Tissue Act 1983 to be a designated officer for the hospital, or

in relation to a forensic institution, a person appointed for the time being under section 5 (3) of the Human Tissue Act 1983 to be a designated officer for the forensic institution.

Director-General means the Director-General of the Department of Health.

dispose, in relation to a body, means dispose of the body by burial, cremation or other lawful means.

exercise a function includes perform a duty.

forensic institution means:

an institution that is under the control of a public health organisation (within the meaning of the Health Services Act 1997), or

an accredited pathology laboratory under the Health Insurance Act 1973 of the Commonwealth, or

an institution that is under the control of the Health Administration Corporation,

at which post mortem examinations of bodies are carried out, but does not include a hospital.

function includes a power, authority or duty.

hospital means:

a public hospital within the meaning of the Health Services Act 1997, or

a private health facility within the meaning of the Private Health Facilities Act 2007.

human tissue means an organ or other part of a body.

inspector means inspector appointed under section 7 (1).

licence means licence in force under section 6.

licensed premises means a place specified in a licence at which the holder of the licence may conduct anatomical examinations.

next of kin means:

in relation to a deceased child—a person referred to in paragraph (a) of the definition of senior available next of kin, and

in relation to any other deceased person—a person referred to in paragraph (b) of that definition.

register means register required to be kept under section 10.

regulation means regulation made under this Act.

senior available next of kin means:

in relation to a deceased child:

a parent of the child,

where a parent of the child is not available—a brother or sister of the child, being a brother or sister who has attained the age of 18 years, or

where no person referred to in subparagraph (i) or (ii) is available—a person who was a guardian of the child immediately before the death of the child, and

in relation to any other deceased person:

a person who was a spouse of the deceased person immediately before the deceased person’s death,

where the deceased person, immediately before death, had no spouse or the deceased person had a spouse but the person who was then the deceased person’s spouse is not available—a son or daughter (if any) of the deceased person, being a son or daughter who has attained the age of 18 years,

where no person referred to in subparagraph (i) or (ii) is available—a parent of the deceased person, or

where no person referred to in subparagraph (i), (ii) or (iii) is available—a brother or sister of the deceased person, being a brother or sister who has attained the age of 18 years.

In this Act:

a reference to a parent of a person includes a reference to a step-parent or adoptive parent of the person,

a reference to a son or daughter of a person includes a reference to any person of whom the person is a parent,

a reference to a brother or sister of a person includes a reference to any person who is a son or daughter of a parent of the person, and

a reference to a spouse of a person is a reference to:

a person to whom the person is legally married (including a husband or wife of the person), or

the person’s de facto partner,

but where more than one person would so qualify as a spouse, is a reference only to the last person so to qualify.

Note—

“De facto partner” is defined in section 21C of the Interpretation Act 1987.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

In this Act, a reference to the use of a body for medical or scientific purposes includes carrying out any procedure on the body, or subjecting the body to an experiment, process or research, for medical or scientific purposes.

In this Act, a reference to medical or scientific purposes includes educational purposes connected with medicine or science.

Notes included in this Act do not form part of this Act.

A next of kin of a deceased person may from time to time, by instrument in writing, authorise a person to exercise his or her functions under this Act as a next of kin of the deceased person.

In such a case, the person so authorised:

may exercise the functions of a next of kin of the deceased person under this Act (other than the function conferred by subsection (1)), in the place of the person who authorised him or her, and

is taken, for the purposes of this Act, to be a next of kin of the deceased person, and

for the purposes of the definition of senior available next of kin in section 4 (1), is taken to be a next of kin of the same order as the person who authorised him or her to exercise the functions of a next of kin.

In this Act, a reference to an anatomical examination, or to the possession of a body for the purposes of an anatomical examination, does not include a post mortem examination, or the possession of a body for the purposes of a post mortem examination, if that post mortem examination is:

required or directed to be made by a competent legal authority, or

made or to be made pursuant to an authority under Part 5 of the Human Tissue Act 1983.

Note—

Accordingly, a licence under this Act is not required to conduct such a post mortem examination.

The Director-General may issue a licence to a person who has duly made an application under subsection (2) to conduct anatomical examinations at a place specified in the licence.

An application for a licence may be made by any person who is in charge of the conduct of anatomical examinations at any university, college, school or other educational institution or at any research or medical institution.

A licence shall be subject to such terms and conditions as may be determined by the Director-General and specified in the licence.

A licence may be issued in the name of the person who applied for the licence or in the name of the holder of that person’s office from time to time.

A licence may be revoked by the Director-General at any time.

The Minister may appoint any of the following people as an inspector for the purposes of this Act:

an officer of the Department of Health,

an employee of the Health Administration Corporation,

an employee of a public health organisation within the meaning of the Health Services Act 1997.

(Repealed)

An inspector may inspect at any time any licensed premises.

If a designated officer for a hospital or forensic institution is satisfied, after making such inquiries as are reasonable in the circumstances in relation to a person whose body is at the hospital or forensic institution, that:

the person had, during the person’s lifetime, given his or her consent in writing to the anatomical examination of the person’s body after the person’s death, and

the consent had not been revoked,

the designated officer may, by instrument in writing, authorise the anatomical examination of that person’s body.

An authority under subsection (1) is not to be given in relation to a deceased child.

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:

the deceased person had not, during the person’s lifetime, expressed an objection to the anatomical examination of the person’s body after the person’s death or, if the person had expressed such an objection, based on the most recent views expressed by the deceased person, the person no longer had an objection to the anatomical examination of the person’s body, and

a senior available next of kin has given his or her consent in writing to the anatomical examination of the person’s body, and

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 anatomical examination of the person’s body,

the designated officer may, by instrument in writing, authorise the anatomical examination of the person’s body.

An authority must be given in accordance with the terms and any conditions of the relevant consent (that is, the consent referred to in subsection (1) (a) or (3) (b)).

If the body of a deceased person (other than a deceased child) is at a place other than a hospital or forensic institution, the anatomical examination of that person’s body is authorised if:

the deceased person had, during the person’s lifetime, given his or her consent in writing to the anatomical examination of the person’s body after the person’s death, and

the consent had not been revoked.

The authority conferred by subsection (1) is subject to the terms and any conditions of the consent referred to in that subsection.

If the body of a deceased person is at a place other than a hospital or forensic institution, a senior available next of kin of the person may, by instrument in writing, authorise the anatomical examination of the person’s body.

A senior available next of kin must not grant an authority under subsection (3) if it appears to the senior available next of kin, after making such inquiries as are reasonable in the circumstances, that:

the deceased person had, during the person’s lifetime, expressed an objection to the anatomical examination of the person’s body after the person’s death unless, based on the most recent views expressed by the deceased person, it appears that the person no longer had an objection to the anatomical examination of the person’s body, or

another next of kin of the same or higher order of the classes in paragraph (a) or (b) of the definition of senior available next of kin in section 4 (1) objects to the anatomical examination of the person’s body.

Maximum penalty: 10 penalty units.

This section applies to a person in respect of whose death a coroner has jurisdiction to hold an inquest under the Coroners Act 2009.

A designated officer for a hospital or a forensic institution or a senior available next of kin shall not authorise the anatomical examination of the body of a person to whom this section applies unless a coroner has given consent to the examination.

Maximum penalty: 40 penalty units or imprisonment for 6 months, or both.

Section 8A (1) does not apply in relation to a person to whom this section applies unless a coroner has given consent to the anatomical examination of the person’s body.

A consent by a coroner under this section may be expressed to be subject to such conditions as are specified in the consent.

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.

A coroner shall, in determining the conditions (if any) to which a consent shall be subject, have regard only to the effect which the conduct of an anatomical examination of 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.