Australian Capital Territory Current Acts

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CORONERS ACT 1997 - SECT 27

Warrant for exhumation of body or recovery of ashes

    (1)     A coroner may issue a warrant for—

        (a)     the exhumation for post-mortem examination of a body that has been buried; or

        (b)     if the body of the deceased has been cremated—the recovery of the ashes;

if the coroner is satisfied that—

        (c)     there is reasonable cause to believe that the person died in circumstances in relation to which the coroner has jurisdiction to hold an inquest; and

        (d)     a post-mortem examination of the body or an analysis of the ashes of the deceased should be made.

    (2)     If—

        (a)     the body of a deceased person has been buried or cremated and the inquest concerning the death of that person has not been completed; or

        (b)     the Supreme Court has quashed an inquest and has directed that a fresh inquest be held;

a coroner may, if of the opinion that—

        (c)     a post-mortem examination or a more complete post-mortem examination should be made of the body; or

        (d)     an analysis or more complete analysis should be made of the ashes of the deceased;

issue a warrant for the exhumation of the body or, if practicable, for the recovery of the ashes for the post-mortem examination or analysis or the more complete post-mortem examination or analysis.

    (3)     Where—

        (a)     the body of a person who died outside the ACT has been buried in the ACT or the ashes of a person who so died are in the ACT; and

        (b)     a coroner having jurisdiction in the place where the person died informs a coroner that—

              (i)     an inquest is to be, or is being, held into the cause of the death of the person; and

              (ii)     it is desirable that a post-mortem examination or a more complete post-mortem examination should be made of the body or an analysis or more complete analysis be made of the ashes;

the coroner may issue a warrant for the exhumation of the body or for the recovery of the ashes of the deceased for a post-mortem examination or a more complete post-mortem examination or an analysis or more complete analysis of the ashes.



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