Coroners Act 1996

If a coroner has jurisdiction to investigate a death, any person may ask the coroner to direct that a post mortem examination be performed on the body.

If the coroner refuses the person’s request, the coroner must immediately give to the person and to the State Coroner, reasons for the refusal.

Within 2 clear working days after receiving notice of a refusal, or before the end of any extension of time granted by the Supreme Court, the person may apply to the Supreme Court for an order that a post mortem examination be performed.

The Supreme Court may grant an extension of time within which a person may apply to the Court for an order that a post mortem examination be performed if it is satisfied that exceptional circumstances exist so that it is necessary or desirable in the interests of justice to grant the extension.

If the Supreme Court is satisfied that it is desirable in all the circumstances, it may make an order —

directing the State Coroner to require a pathologist or a doctor to perform a post mortem examination; and

prohibiting burial, cremation or other disposal of the body until the post mortem examination has been conducted, or, if the body has been buried, directing that the body be exhumed.