Coroners Act 2003

Unless a person’s death is reported to the coroner after burial, the coroner starts having control of the deceased person’s body when the coroner starts investigating the deceased person’s death.

The coroner stops having control of the body when the coroner—

if the coroner stops investigating the death under section 12(2)(a)—orders the release of the body to the Minister responsible for administering the Aboriginal Cultural Heritage Act 2003 and the Torres Strait Islander Cultural Heritage Act 2003; or

if the coroner stops investigating the death under section 12(2)(b)—authorises a doctor to issue a cause of death certificate for the deceased person; or

if the coroner stops investigating the death under section 12(2)(c) or (d) or (4)—orders the release of the body for burial; or

if the coroner stops investigating the death under section 12(2)(e)—orders the release of the body to the other jurisdiction; or

transfers control of the body to another coroner; or

decides that it is not necessary for the coroner’s investigation to keep the body after an autopsy and the coroner orders the release of the body for burial.

For subsection (2)(f), the coroner must order the release of the body for burial as soon as reasonably practicable after the autopsy.

However, the coroner must not order the release of a body for burial if it is not known whose body it is, unless the coroner believes it is necessary to bury the body in the particular circumstances.

A doctor must not issue a cause of death certificate for a person if—

the death appears to the doctor to be a reportable death, unless a coroner advises the doctor that the death is not a reportable death; or

a coroner is investigating the death, unless the coroner authorises the issue of the certificate.

For subsection (2)(a), (c), (d) and (f), a reference to the coroner, in relation to an order for the release of a body, includes, if the coroner investigating the death is not available, another coroner.