New South Wales Consolidated Acts

ANATOMY ACT 1977 - SECT 8

8 Authority for anatomical examination where body of deceased at a hospital or forensic institution

(1) If a designated officer for a hospital or forensic institution is satisfied, after making such inquiries as are reasonable in the circumstances in relation to a person whose body is at the hospital or forensic institution, that:

(a) the person had, during the person's lifetime, given his or her consent in writing to the anatomical examination of the person's body after the person's death, and

(b) the consent had not been revoked,

the designated officer may, by instrument in writing, authorise the anatomical examination of that person's body.

(2) An authority under subsection (1) is not to be given in relation to a deceased child.

(3) If the designated officer is not satisfied as to the matters referred to in subsection (1), or the deceased person is a deceased child, and the designated officer is satisfied, after making such inquiries as are reasonable in the circumstances in relation to the deceased person, that:

(a) the deceased person had not, during the person's lifetime, expressed an objection to the anatomical examination of the person's body after the person's death or, if the person had expressed such an objection, based on the most recent views expressed by the deceased person, the person no longer had an objection to the anatomical examination of the person's body, and

(b) a senior available next of kin has given his or her consent in writing to the anatomical examination of the person's body, and

(c) there is no next of kin of the same or a higher order of the classes in paragraph (a) or (b) of the definition of
"senior available next of kin" in section 4 (1) who objects to the anatomical examination of the person's body,

the designated officer may, by instrument in writing, authorise the anatomical examination of the person's body.

(4) An authority must be given in accordance with the terms and any conditions of the relevant consent (that is, the consent referred to in subsection (1) (a) or (3) (b)).