New South Wales Consolidated Acts

ANATOMY ACT 1977 - SECT 12

12 Disposal of bodies

(1) The holder of a licence must dispose of any body which is in the holder's possession for anatomical examination (including any human tissue from that body):

(a) within 4 years after the death of the deceased person, or

(b) in accordance with the terms of an authorisation granted under subsection (2).

Maximum penalty: 10 penalty units.

(2) An inspector may, by instrument in writing, authorise the following:

(a) the retention of a body for anatomical examination for a period specified by the inspector, being a period that does not end more than 8 years after the death of the deceased person,

(b) the retention of human tissue from a body (whether for a specified period or otherwise).

(2A) An inspector must, in exercising his or her functions under subsection (2):

(a) consider the purposes for which retention of the body, or human tissue, is sought, and

(b) ensure that any authorisation granted by the inspector complies with the terms and any conditions of the authority under section 8 or 8A that initially authorised the retention of the body for anatomical examination.

(2B) The holder of a licence must:

(a) comply with any terms or conditions that are imposed by an inspector in granting an authorisation under subsection (2), and

(b) enter in the register kept by the holder opposite the particulars relating to the body the fact that the authority has been given and the terms and conditions to which the authority is subject.

Maximum penalty: 10 penalty units.

(3) Where the holder of a licence disposes of a body which has been in the holder's possession for anatomical examination, the holder shall dispose of the body as far as practicable in accordance with any wishes of the deceased but if that is not practicable, or if the deceased has expressed no such wishes, the body shall be disposed of as far as practicable in accordance with any wishes of the senior available next of kin of the deceased.

Maximum penalty: 10 penalty units.

(4) The holder of a licence shall, forthwith after disposing of a body which has been in the holder's possession for anatomical examination, enter in the register kept by the holder opposite the particulars relating to that body:

(a) the fact that the body was disposed of,

(b) the date on which the body was disposed of, and

(c) the name and address of the person engaged to dispose of the body.

Maximum penalty for an offence against this subsection: 10 penalty units.

(5) This section does not require the disposal of human tissue if the permanent retention of the tissue has been expressly authorised:

(a) by the consent in writing of the deceased person given during his or her lifetime (except in the case of a deceased child), or

(b) by the consent in writing of the senior available next of kin of the deceased person.

(6) This section does not require the disposal of any small samples of human tissue that are retained in the form of tissue slides or tissue blocks that enable microscopic examination of the tissue.