Exhumation
38 Exhumation
The State Coroner may order that a body be exhumed if the State Coroner reasonably believes that it is necessary for an investigation of a death.
The State Coroner must ensure that at least 2 clear working days notice is given to the senior next of kin of the deceased person and to the Board, local government or owner of the cemetery, burial ground or place of burial where the body is buried before the body is exhumed unless the State Coroner is satisfied that it is not possible to do so, or if the State Coroner considers it is not appropriate to do so.
If the senior next of kin asks the State Coroner not to exhume the body, the body must not be exhumed until 2 clear working days after the request has been made.
A request referred to in subsection (3) must be made within 2 clear working days after the senior next of kin receives notice that the State Coroner has made an order that the body be exhumed.
Where the State Coroner rejects a request by the senior next of kin that the body not be exhumed, he or she must ensure that written notice of that decision is given to the senior next of kin immediately.
Where notice is given under subsection (5), the exhumation of the body must not take place —
until 2 clear working days after that notice is received by the senior next of kin; or
if an application for an extension of time has been made, until the application is refused or the application for an order that the body not be exhumed is dealt with.
Within 2 clear working days after receiving notice of the decision to reject a request that the body not be exhumed under subsection (5), 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 the body not be exhumed.
The Supreme Court may grant an extension of time within which a person may apply to the Court for an order that the body not be exhumed if the exhumation has not taken place 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 a body not be exhumed if it is satisfied that it is desirable in the circumstances.
This section does not apply if the Supreme Court by order under section 36(4)(b) directs that a body be exhumed.
[Section 38 amended: No. 14 of 1996 s. 4; No. 8 of 2000 s. 9; No. 15 of 2003 s. 13.]
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