Coroners Act 1996

If a coroner reasonably believes that it is necessary for an investigation of a death, the coroner may direct a pathologist or a doctor to perform a post mortem examination on the body.

The coroner may direct the pathologist or doctor performing the post mortem examination to cause to be removed from the body, for such period as the coroner directs, any tissue which it appears necessary to remove in order to investigate the death.

The pathologist or doctor performing the post mortem examination may cause tissue to be removed from the body —

in accordance with a direction under subsection (2); or

in accordance with the written permission of the deceased; or

subject to subsection (5)(b), in accordance with the written informed consent, in the prescribed form, of the senior next of kin of the deceased specifying the tissue which may be removed and the purpose (therapeutic, medical, teaching or scientific) for which the tissue may be removed.

The coroner may direct the pathologist or doctor performing the post mortem examination not to cause tissue to be removed as authorised under subsection (3)(c) if the coroner is satisfied that the removal would be contrary to or inconsistent with wishes expressed in writing by the deceased.

Where a post mortem examination is performed under this Act a person who causes tissue to be removed from the body —

otherwise than as authorised under subsection (3); or

contrary to a direction of a coroner under subsection (4),

Tissue removed under subsection (2) is to be dealt with in accordance with the coroner’s directions and any relevant guidelines.

Where tissue is to be removed as authorised under subsection (3)(b), the coroner is to ensure that before the tissue is removed, the senior next of kin of the deceased is informed in writing what tissue is to be removed and the purpose for which it is to be removed and is given a chance to view the written permission of the deceased.