Anatomical Examinations Act 2006 (Tas)

Anatomical Examinations Act 2006

An Act to make provision for and in relation to anatomical examinations of the bodies of deceased persons, to ensure that such examinations are undertaken with due regard to the dignity of deceased persons and for related purposes [Royal Assent 18 December 2006]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Anatomical Examinations Act 2006 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation (1) In this Act, unless the contrary intention appears – anatomical examination means an examination of the body of a deceased person for the purpose of the study or practice of anatomy; approved means approved by the Head of Faculty; authorised officer means – (a) the Secretary; and (b) a person appointed under section 21 as an authorised officer; body includes any part of a body; consent form means – (a) a form completed by a deceased person under section 6 before his or her death; or (b) a form completed by a next of kin of a deceased person under section 7 ; or (c) a form, completed under a corresponding law, that corresponds to a form referred to in paragraph (a) or (b) ; corresponding law means a law of the Commonwealth, another State or a Territory that – (a) corresponds to this Act; or (b) is prescribed as being a corresponding law; Faculty means the Faculty of Health in the University of Tasmania; general authorisation means an authorisation issued for a class of persons in accordance with section 10 ; Head of Faculty means the person for the time being in charge of the Faculty; individual authorisation means an authorisation issued to a natural person in accordance with section 9 ; medical certificate of death means – (a) a certificate given to the Registrar under section 35(3) of the Births, Deaths and Marriages Registration Act 1999 in respect of a deceased person; or (b) a certificate that is issued under a law of the Commonwealth, another State or a Territory and corresponds to a certificate of the kind specified in paragraph (a) ; next of kin, of a deceased person, means – (a) if the deceased person, immediately before his or her death, was married or in a significant relationship within the meaning of the Relationships Act 2003 , the person who was then his or her spouse or partner in the significant relationship; or (b) if a person referred to in paragraph (a) is unavailable, a son or daughter of the deceased person who has attained the age of 18 years; or (c) if a person referred to in paragraph (a) or (b) is unavailable, a parent of the deceased person; or (d) if a person referred to in paragraph (a) , (b) or (c) is unavailable, a brother or sister of the deceased person who has attained the age of 18 years; or (e) if a person referred to in paragraph (a) , (b) , (c) or (d) is unavailable and the deceased person is an Aboriginal person within the meaning of the Aboriginal and Torres Strait Islander Commission Act 1989 of the Commonwealth, a person who is an appropriate person according to the customs and the tradition of the community or group that the deceased person belonged to; or (f) if a person referred to in paragraph (a) , (b) , (c) , (d) or (e) is unavailable, the executor or administrator of the deceased person's estate; register means the register kept by the Head of Faculty for the purposes of Part 4 ; Registrar means the Registrar of Births, Deaths and Marriages appointed or employed under section 4 of the Births, Deaths and Marriages Registration Act 1999 ; regulations means regulations made and in force under this Act; Secretary means the Secretary of the Department; transferred body means the body of a deceased person that has been transferred to the Head of Faculty in accordance with a provision of a corresponding law that corresponds to section 14 ; undertake, in relation to an anatomical examination, includes – (a) observe the anatomical examination; and (b) participate in the anatomical examination. (2) For the purposes of the definition of next of kin in subsection (1) , a person is taken to be unavailable if the person – (a) cannot be contacted; or (b) has declined to act as next of kin; or (c) is unable to perform adequately or competently the duties of a next of kin.