Coroners Act 2003

This section applies if during an autopsy of a body, the doctor conducting the autopsy removes tissue from the body for testing.

If prescribed tissue is removed, the doctor must inform the coroner before the coroner orders the body’s release.

The coroner, knowing that the tissue has been removed, may nevertheless order the release of the body.

However, if prescribed tissue has been removed, the coroner must not order the release of the body unless satisfied that—

if practicable, a family member of the deceased person has been informed of the removal of the prescribed tissue; and

the retention of the prescribed tissue is necessary for the investigation of the death, despite any concerns raised with the coroner about the retention of the prescribed tissue.

If the coroner is not satisfied as mentioned in subsection (4)(a) and (b), the coroner must order the doctor to return the prescribed tissue to the body before the body is released.

If tissue kept for testing is prescribed tissue, the coroner must, at not more than 6-monthly intervals after the date of the order for the autopsy, decide whether the tissue—

still needs to be kept for—

the investigation of the death; or

proceedings for an offence relating to the death; or

may be disposed of.

Specimen tissue as defined under the Transplantation and Anatomy Act 1979 must be kept indefinitely by the entity that turned the tissue into specimen tissue.

A person must not dispose of any other tissue kept for testing, except under the order of a coroner.Maximum penalty—100 penalty units.

If a coroner orders the disposal of the tissue, the entity that has the tissue must—

if a family member of the deceased person has told the coroner that he or she wishes to test, or use, the tissue for a lawful purpose or to bury the tissue—release the tissue to the family member, or the family member’s representative, for the test, use or burial; or

otherwise—arrange for the tissue to be buried.

Subject to any relevant local laws, a statement by the entity, in the approved form, to the effect that the coroner has ordered the disposal of the tissue is sufficient authority for the burial of the tissue.

In this section—coroner means—

the coroner who ordered the autopsy; or

if that coroner is not available, another coroner.

a whole organ or fetus; or

an identifiable body part.Example for paragraph (b)—a limb, digit or jaw