Victorian Numbered Acts

CORONERS ACT 2008 (NO. 77 OF 2008) - SECT 46

    (1)     The State Coroner may authorise the exhumation of a body if he or she believes that—

        (a)     the exhumation is necessary for the investigation of the death; and

        (b)     it is     appropriate to give the authorisation.

    (2)     An authorisation given by the State Coroner under subsection (1) may be subject to conditions.

    (3)     If the State Coroner authorises an exhumation under subsection (1), the State Coroner must ensure that notice of the authorisation is given to the persons who were notified of the State Coroner's intention to exhume the body under section 45.

    (4)     Failure by the State Coroner to give a notice required under this section or section 45 does not invalidate the State Coroner's authorisation under this section.

    (5)         An authorisation under this section does not take effect until 48 hours after the senior next of kin is notified of the authorisation under subsection (3) or any further period specified by the State Coroner unless—

        (a)     the State Coroner directs that the exhumation be conducted immediately; or

        (b)     within that period, the senior next of kin advises the State Coroner that he or she will not appeal to the Supreme Court against the authorisation.

Note

An appeal can be made to the Supreme Court under Part 7 against the authorisation in certain circumstances.