Application for autopsy
37 Application for autopsy
If a coroner has jurisdiction to investigate a death, any person who the coroner considers has a sufficient interest in the death may request the coroner to direct that an autopsy be performed on the body.
If the coroner refuses a person's request, the coroner must as soon as practicable after the refusal give to the person reasons in writing for the refusal.
Within 48 hours after receiving notice of a refusal, the person may apply to the Supreme Court for an order that an autopsy be performed.
If the Supreme Court is satisfied that it is desirable in all the circumstances, it may make an order – directing the coroner to require the State Forensic Pathologist or an approved pathologist, or a medical practitioner under the direct supervision of the State Forensic Pathologist or an approved pathologist, to perform an autopsy; and prohibiting burial, cremation, disposal at sea or other disposal until the coroner has the results of the autopsy and has ordered burial, cremation, disposal at sea or other lawful disposal.
This Act’s bill:Explanatory notesSecond reading speech
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