South Australian Current Acts

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97—Tests on deceased persons

        (1)         If the Chief Public Health Officer has reasonable grounds to believe that a deceased person has had a condition of public health concern, the Chief Public Health Officer may, by instrument in writing, authorise the carrying out of any test or procedure specified in the instrument on the body of the deceased person.

        (2)         If the Chief Public Health Officer has authorised the carrying out of a test or procedure under this section, an authorised officer, accompanied by such assistants as the authorised officer thinks necessary, may—

            (a)         enter premises (using such force as is necessary) in which the authorised officer reasonably believes the body of the deceased person is located; and

            (b)         search the premises for the body,

and, on finding the body, the authorised tests or procedure may be carried out in accordance with this section.

        (3)         However, an authorised officer must not exercise a power to enter premises under subsection (2) unless—

            (a)         the authorised officer has made a reasonable attempt to contact the occupier of the premises and advise the occupier of the intention to exercise such powers; and

            (b)         if force is required to enter premises—the authorised officer is accompanied by a police officer.

        (4)         A test or procedure authorised under this section must be carried out by—

            (a)         a medical practitioner; or

            (b)         a person who is qualified as required by the regulations to carry out tests or procedures of the relevant type.

        (5)         A person carrying out a test or procedure under this section may be assisted by any other person.

        (6)         Nothing in this section authorises the exhumation of a body.

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