Appeal in relation to exhumation
81 Appeal in relation to exhumation
If the State Coroner notifies a person under section 46(3) of the authorisation of an exhumation, the senior next of kin and any other person who received notice under section 46(3) may appeal against the State Coroner's authorisation of the exhumation to the Trial Division of the Supreme Court constituted by a single judge.
An appeal under subsection (1) must be made within—
48 hours; or
any further period specified by the State Coroner under section 46(5)—
after the person receives notice of the State Coroner's authorisation of the exhumation under section 46(3).
If the State Coroner refuses to authorise the exhumation of a body under section 46, a person who applied to the State Coroner for the authorisation may appeal against that refusal to the Trial Division of the Supreme Court constituted by a single judge.
Subject to section 86, an appeal under subsection (3) must be made within 3 months after the refusal by the State Coroner.
This Act’s bill:Explanatory memorandumSecond reading speech
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