Coroners Act 1996

If the senior next of kin of the deceased asks a coroner not to direct a post mortem examination but the coroner decides that a post mortem examination is necessary, the coroner must immediately give notice in writing to the senior next of kin and to the State Coroner.

Unless the coroner believes that a post mortem examination needs to be performed immediately it must not be performed if a request has been made under subsection (1) until 2 clear working days after the senior next of kin has been given notice of the decision or until after the end of any extension of time granted by the Supreme Court under subsection (3a).

The coroner may direct that a post mortem examination be performed if a senior next of kin who has asked the coroner not to direct a post mortem examination withdraws the request.

Within 2 clear working days after receiving notice of the decision, or before the end of any extension of time granted by the Supreme Court, the senior next of kin may apply to the Supreme Court for an order that no post mortem examination be performed.

On the application of the senior next of kin, the Supreme Court may grant an extension of time within which the senior next of kin may apply to the Court for an order that no post mortem be performed if the post mortem examination has not been performed and it is satisfied that exceptional circumstances exist so that it is necessary or desirable in the interests of justice to grant the extension.

The Supreme Court may make an order that no post mortem examination be performed if it is satisfied that it is desirable in the circumstances.

In this section, unless otherwise prescribed, senior next of kin in relation to the deceased person means the first person who is available from the following persons in the order of priority listed —

a person who, immediately before death, was living with the person and was either —

legally married to the person; or

of or over the age of 18 years and in a marriage‑like relationship (whether the persons are different sexes or the same sex) with the person;

a person who, immediately before death, was legally married to the person; or

a son or 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; or

any person nominated by the person to be contacted in an emergency.