Victorian Consolidated Legislation

Coroners Act 2008 - SECT 79

Appeals in relation to autopsy

79. Appeals in relation to autopsy



(1) If a coroner gives a direction, with or without conditions, that an
autopsy be performed, the senior next of kin may appeal against that direction
and any conditions that may have been imposed, to the Trial Division of the
Supreme Court constituted by a single judge.

(2) An appeal under subsection (1) must be made before the direction takes
effect.

(3) If a coroner refuses a request under section 27 for a direction that an
autopsy be performed-

   (a)  the senior next of kin; or

   (b)  the person who requested the autopsy, where that person is not the
        senior next of kin-

may appeal against that refusal to the Trial Division of the Supreme Court
constituted by a single judge.

(4) An appeal under subsection (3) must be made within 48 hours after the
person receives notice of the refusal to perform an autopsy under
section 27(2).