1Short title
This Act may be cited as the Anatomy Act 1930.
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Bill homepageThis Act may be cited as the Anatomy Act 1930.
In this Act, subject to the context —
authorised school of anatomy means a school of anatomy established and conducted under a notice published under section 4;
Chief Health Officer has the meaning given in the Public Health Act 2016 section 4(1);
inspector means an inspector from time to time expressly nominated by the Chief Health Officer for the purposes of this Act;
medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;
Minister means the Minister for Health;
person includes any society howsoever established;
practice licence means a licence granted or renewed under section 5;
senior next of kin, in relation to a deceased person, means the first person who is available from the following persons in the order of priority listed —
a person who, immediately before the death, was living with the person and was either —
the spouse of the person; or
a de facto partner, who is of or over the age of 18 years, of the person;
or
a person who, immediately before the death, was the spouse of the person; or
a son or a daughter, who is of or over the age of 18 years, of the person; or
a parent of the person; or
a brother or sister, who is of or over the age of 18 years, of the person; or
an executor named in the will of the person or a person who, immediately before the death, was a personal representative of the person.
[Section 2 amended: No. 20 of 1946 s. 2; No. 28 of 1984 s. 4 and 5; No. 10 of 1998 s. 17(1); No. 28 of 2003 s. 4; No. 22 of 2008 Sch. 3 cl. 3; No. 35 of 2010 s. 27; No. 19 of 2016 s. 104 and 105.]
The provisions of this Act shall, subject to the control of the Minister, be administered by the Chief Health Officer and such inspectors as he may deem necessary.
[Section 3 amended: No. 28 of 1984 s. 5; No. 19 of 2016 s. 105.]
The Minister may, by notice published in the Gazette, authorise schools of anatomy to be established and conducted at such places as are determined by the Minister and specified in the notice.
An authorisation given under subsection (1) is subject to any conditions that are —
determined by the Minister to be necessary for the proper and efficient conduct of the authorised school of anatomy; and
specified in the relevant notice.
The Minister may, by notice published in the Gazette, vary or revoke an authorisation given under subsection (1).
[Section 4 inserted: No. 10 of 1998 s. 17(2).]
5. Licences to practise anatomy, grant and renewal of etc.
On the application in the form approved by the Chief Health Officer of the person in charge of an authorised school of anatomy, the Chief Health Officer may grant or renew a practice licence.
A person who holds a practice licence endorsed in relation to an authorised school of anatomy —
may practise anatomy at the authorised school of anatomy; and
may authorise in writing other persons to practise anatomy there.
A practice licence has effect for such period as is, and is subject to such conditions as are, specified in the licence.
Without limiting subsection (3), it is a condition of every practice licence that the person who holds the licence shall ensure that the practice of anatomy authorised by the licence, or by the person who holds the licence, is carried out according to the provisions of this Act.
[Section 5 inserted: No. 10 of 1998 s. 17(2); amended: No. 19 of 2016 s. 105.]
The Chief Health Officer shall make a quarterly return to the Government statistician of every deceased person’s body which has been removed for anatomical examination to any place in his district where the practice of anatomy is carried on, distinguishing the sex and, as far as is known at the time, the name and age of each person whose body was so removed as aforesaid.
[Section 6 amended: No. 28 of 1984 s. 5; No. 19 of 2016 s. 105.]
7. Places where anatomy is practised, powers to inspect etc.
It shall be lawful for the Chief Health Officer and every inspector to visit and inspect at any time any place where the practice of anatomy is carried on and, from time to time, as prescribed by regulation, he shall report to the Minister in respect of every such inspection.
[Section 7 amended: No. 28 of 1984 s. 5; No. 19 of 2016 s. 105.]
Subject to this Act the Minister may, by a licence under his hand, authorise the principal medical officer of the State, the chief executive officer within the meaning of that expression as defined in section 3 of the Prisons Act 1981, or any resident or honorary medical officer connected with any public institution supported wholly or in part from the general revenue, to permit the body of any person who dies in any penal establishment, hospital, or other public institution aforesaid controlled by him or with which he is connected as aforesaid, to be removed therefrom for the purpose of anatomical examination at some authorised school of anatomy, unless to the knowledge of such licensee the deceased person has expressed his desire, either in writing at any time during his life, or verbally in the presence of 2 or more witnesses during the illness whereof he died, that his body after death might not undergo such examination, or unless the senior next of kin of the deceased person requires the body to be interred or cremated without such examination. A printed copy of this section shall be posted in the entrance hall or other conspicuous place of every such penal establishment, hospital, or public institution, except an authorised hospital as defined in the Mental Health Act 2014 section 4.
[Section 8 amended: No. 31 of 1993 s. 4; No. 28 of 2003 s. 5; No. 25 of 2014 s. 33.]
Subject to this Act it shall be lawful for any executor or other person having lawful possession of the body of any deceased person, and not being an undertaker or other person entrusted with the body for the purpose only of interment or cremation, to permit the body of such deceased person to undergo anatomical examination at some authorised school of anatomy, unless to the knowledge of such executor or other person the deceased person has expressed his desire, either in writing at any time during his life or verbally in the presence of 2 or more witnesses during the illness whereof he died, that his body after death might not undergo such examination, or unless the senior next of kin of the deceased person requires the body to be interred or cremated without such examination.
[Section 9 amended: No. 28 of 2003 s. 6.]
Subject to this Act if any person, either in writing at any time during his life or verbally in the presence of 2 or more witnesses during the illness whereof he dies, directs that his body after death be examined anatomically, or nominates any person under this Act authorised to practise anatomy to make such examination at some authorised school of anatomy, and if before the interment or cremation of the body of such person such direction or nomination is made known to the person having lawful possession of the dead body, then such last mentioned person shall direct such examination to be made, and in case of any such nomination as aforesaid shall request and permit any person so authorised and nominated as aforesaid to make such examination, unless the senior next of kin of the deceased person requires the body to be interred or cremated without such examination.
[Section 10 amended: No. 28 of 2003 s. 7.]
The Chief Health Officer may, from time to time, with the approval of the Minister, make any agreement, and from time to time revoke or vary the same, with any person in charge of any school of anatomy established under the laws of any other State of Australia for the despatch to such school of anatomy for anatomical examination of bodies of deceased persons from the State of Western Australia and for the regulation of the conditions and manner under and in which any such bodies should be despatched or transported: Provided that every such agreement shall, as well as including any other conditions required by the Chief Health Officer to be included therein, include a provision by which the person in charge of any such school of anatomy shall agree that he, the person in charge of any such school of anatomy, shall make provision that such body, after undergoing anatomical examination, be decently interred in consecrated ground if so desired by the senior next of kin or in some public burying ground in use for persons of that religious persuasion to which the deceased person whose body was so received belonged, or be cremated, and that a certificate of the interment or cremation of such body shall be transmitted to the Chief Health Officer within 12 weeks after the day on which such body was received for examination as aforesaid.
It shall be lawful for the Chief Health Officer or any person authorised by him in that behalf to receive bodies for despatch and to despatch such bodies in pursuance of any agreement made under subsection (1) to any such school of anatomy: Provided that a certificate or record such as is mentioned in section 12 is delivered together with the body to the Chief Health Officer or to the person receiving the body.
In shall be lawful for any person who has power under this Act to permit, cause or direct the body of any deceased person to undergo anatomical examination at some authorised school of anatomy, to permit, cause or direct such body to be delivered to the Chief Health Officer or to any person authorised by the Chief Health Officer to receive such bodies for despatch to any school of anatomy pursuant to any agreement made under subsection (1): Provided that any such body shall be delivered in such manner and under such conditions as the Chief Health Officer shall direct.
[Section 10A inserted: No. 20 of 1946 s. 3; amended: No. 28 of 1984 s. 5; No. 40 of 1998 s. 7(2); No. 28 of 2003 s. 8; No. 19 of 2016 s. 105.]
Before the body of any deceased person referred to in sections 8, 9, and 10, is removed for the purposes of anatomical examination, the attention of the senior next of kin or person having the body in his or her possession, control or power shall be directed to the provisions of the said sections and consent thereto obtained in writing.
The term authority in this section includes any medical officer, nurse or other person who has attended such deceased person during his illness or stay in any such institution.
[Section 11 amended: No. 28 of 2003 s. 9.]
In no case shall the body of a deceased person be removed for anatomical examination from any place where such person has died until after the expiration of 12 hours from the time of such person’s decease, nor until after the expiration of 6 hours’ notice to the Chief Health Officer of the intended removal of the body, nor unless before the removal of the body —
a certificate of cause of death has been provided under section 44 of the Births, Deaths and Marriages Registration Act 1998 in relation to the person by a medical practitioner other than one concerned in examining the body after the removal; or
a coroner has made findings as to how the death occurred and the cause of death,
as is applicable to the case; and the certificate or the record of the coroner’s findings shall be delivered together with the body to the person receiving the same for anatomical examination.
[Section 12 amended: No. 28 of 1984 s. 5; No. 40 of 1998 s. 7(3); No. 19 of 2016 s. 105.]
It shall be lawful for any authorised school of anatomy to receive or possess for anatomical examination the body of any deceased person, if permitted or directed so to do by a person who had at the time of giving such permission or direction lawful possession of the body, and who had power under this Act to permit or cause the body to be so examined, and provided such certificate or record as aforesaid was delivered by such person together with the body.
[Section 13 amended: No. 40 of 1998 s. 7(4).]
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