Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024

Post-mortem activities

42. (1) A person shall not carry out a post-mortem activity unless he or she is satisfied that post-mortem consent has been provided.

(2) For the purposes of this Part, “post-mortem activities” means all or any of the following:

(a) a non-coronial post-mortem examination;

(b) the retention, by the hospital where the non-coronial post-mortem examination took place, of any part of a body removed from the body of a deceased person or foetus during the examination, other than a retention referred to in the definition of “non-coronial post-mortem examination”;

(c) the use of any part of a body retained after a non-coronial post-mortem examination, including the use of any part of a body by a third party;

(d) the use of any organ or tissue retained after a non-coronial post-mortem examination, including the use of any part of a body for commercial purposes;

(e) the audio, visual or photographic recording of a non-coronial post-mortem examination;

(f) the burial, cremation or return, in accordance with regulations under section 40 (2)(a), of any part of the body removed as part of a non-coronial post mortem examination, other than any tissue, trimmings or biological fluids removed as part of the examination.

(3) A person who contravenes subsection (1) shall be guilty of an offence.