Coroners Act 2003

This section applies if, after a body is buried or cremated, the State Coroner forms the belief that the death was a reportable death.

To enable an autopsy of a body to be conducted, the State Coroner may order—

if the body was buried—the body to be exhumed; or

if the body was cremated and the cremated remains may be recovered—the cremated remains to be recovered.

The State Coroner must give at least 2 days notice of the State Coroner’s intention to make the order to—

the person in charge of the place where the body is, or the cremated remains are; and

any person who the State Coroner considers has a sufficient interest in the autopsy.

Subsection (3) does not apply if—

after taking all reasonable steps, the State Coroner can not contact a person mentioned in subsection (3); or

the State Coroner considers it is not, in the circumstances, in the public interest to notify a person mentioned in subsection (3).

If—

a person has raised a concern in relation to the order being made; but

after discussing the matter with the person, the State Coroner considers it is in the public interest for the order to be made;

The order authorises a police officer to enter the place stated in the order and stay there for as long as reasonably necessary to exhume the body or recover the cremated remains.

The officer must arrange for the body or cremated remains to be taken, in accordance with the directions in the order, to a place stated in the order.

The State Coroner must, as soon as reasonably practicable after the autopsy, order the body or cremated remains to be returned to the place from where they were taken.