Anatomy Act 1977 (NSW)

Anatomy Act 1977 No 126

An Act to regulate the conduct of anatomical examinations; and to repeal the Anatomy Act 1901.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Anatomy Act 1977.

2 Commencement (1) This section and section 1 shall commence on the date of assent to this Act. (2) Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3 (Repealed)

4 Definitions (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires: anatomical examination of a body includes use of the body for medical or scientific purposes.

Note— However, an anatomical examination does not include a post mortem examination that is required, directed or authorised as provided by section 5. body means dead human body. child means a person who has not attained the age of 18 years and who is not married. designated officer means: (a) in relation to a hospital, a person appointed for the time being under section 5 (1) (a) of the Human Tissue Act 1983 to be a designated officer for the hospital, or (b) in relation to a forensic institution, a person appointed for the time being under section 5 (3) of the Human Tissue Act 1983 to be a designated officer for the forensic institution. Director-General means the Director-General of the Department of Health. dispose, in relation to a body, means dispose of the body by burial, cremation or other lawful means. exercise a function includes perform a duty. forensic institution means: (a) an institution that is under the control of a public health organisation (within the meaning of the Health Services Act 1997), or (b) an accredited pathology laboratory under the Health Insurance Act 1973 of the Commonwealth, or (c) an institution that is under the control of the Health Administration Corporation, at which post mortem examinations of bodies are carried out, but does not include a hospital. function includes a power, authority or duty. hospital means: (a) a public hospital within the meaning of the Health Services Act 1997, or (b) a private health facility within the meaning of the Private Health Facilities Act 2007. human tissue means an organ or other part of a body. inspector means inspector appointed under section 7 (1). licence means licence in force under section 6. licensed premises means a place specified in a licence at which the holder of the licence may conduct anatomical examinations. next of kin means: (a) in relation to a deceased child—a person referred to in paragraph (a) of the definition of senior available next of kin, and (b) in relation to any other deceased person—a person referred to in paragraph (b) of that definition. register means register required to be kept under section 10. regulation means regulation made under this Act. senior available next of kin means: (a) in relation to a deceased child: (i) a parent of the child, (ii) where a parent of the child is not available—a brother or sister of the child, being a brother or sister who has attained the age of 18 years, or (iii) where no person referred to in subparagraph (i) or (ii) is available—a person who was a guardian of the child immediately before the death of the child, and (b) in relation to any other deceased person: (i) a person who was a spouse of the deceased person immediately before the deceased person's death, (ii) where the deceased person, immediately before death, had no spouse or the deceased person had a spouse but the person who was then the deceased person's spouse is not available—a son or daughter (if any) of the deceased person, being a son or daughter who has attained the age of 18 years, (iii) where no person referred to in subparagraph (i) or (ii) is available—a parent of the deceased person, or (iv) where no person referred to in subparagraph (i), (ii) or (iii) is available—a brother or sister of the deceased person, being a brother or sister who has attained the age of 18 years. (2) In this Act: (a) a reference to a parent of a person includes a reference to a step-parent or adoptive parent of the person, (b) a reference to a son or daughter of a person includes a reference to any person of whom the person is a parent, (c) a reference to a brother or sister of a person includes a reference to any person who is a son or daughter of a parent of the person, and (d) a reference to a spouse of a person is a reference to: (i) a person to whom the person is legally married (including a husband or wife of the person), or (ii) the person's de facto partner, but where more than one person would so qualify as a spouse, is a reference only to the last person so to qualify.