Victorian Current Acts Victorian Current Acts(1) Subject to this Part, where the body of a deceased person is in a hospital and it appears to a designated officer for the hospital, after making such inquiries as are reasonable in the circumstances, that the deceased person—
(a) had, at any time, in writing; or
(b) had, during his last illness, orally in the presence of two witnesses—
expressed the wish for, or consented to, the retention after his death of his body—
(c) for the purpose of anatomical examination; or
(d) for the purpose of the use of his body for the study and teaching of the anatomy of the human body—
the designated officer may, by instrument in writing, authorize the retention and use of the body of the deceased person for any of those purposes.
S. 32(2) amended by No. 23/1994 s. 118(Sch. 1 item 27.17).
(2) Subject to this Part, where the body of a deceased person is in a place other than a hospital and it appears to a registered medical practitioner, after making such inquiries as are reasonable in the circumstances, that the deceased person—
(a) had, at any time in writing; or
(b) had, during his last illness, orally in the presence of two witnesses—
expressed the wish for, or consented to, the retention after his death of his body—
(c) for the purpose of anatomical examination; or
(d) for the purpose of the use of his body for the study and teaching of the anatomy of the human body—
the registered medical practitioner may, by instrument in writing, authorize the retention and use of the body of the deceased person for any of those purposes.
S. 32(3) amended by No. 23/1994 s. 118(Sch. 1 item 27.17).
(3) Subject to this Part—
(a) where the body of a deceased person is in a hospital and it appears to the designated officer for the hospital; or
S. 32(3)(b) amended by No. 23/1994 s. 118(Sch. 1 item 27.17).
(b) where the body of a deceased person is in any other place and it appears to a registered medical practitioner—
after making such inquiries as are reasonable in the circumstances that—
S. 32(3)(c) amended by No. 23/1994 s. 118(Sch. 1 item 27.17).
(c) the designated officer or registered medical practitioner is not authorized by subsection (1) or (2) to give an authority in respect of the body of the deceased person; and
(d) the senior available next of kin of the deceased person makes it known to the designated officer that he consents to the retention and use of the body of the deceased person for any of those purposes—
the designated officer or registered medical practitioner may, by writing signed by him, authorize the retention and use of the body of the deceased person for any of the purposes referred to in paragraphs (c) and (d) of subsection (1).
S. 32(4) amended by No. 23/1994 s. 118(Sch. 1 item 27.17).
(4) A designated officer for a hospital or a registered medical practitioner shall not give an authority under subsection (3) if he has reason to believe that the deceased person—
(a) had, at any time, in writing; or
(b) had, during his last illness, orally in the presence of two witnesses—
expressed an objection to the retention and use of his body for any of the purposes referred to in paragraphs (c) and (d) of subsection (1).
S. 32(5) amended by No. 23/1994 s. 118(Sch. 1 item 27.17).
(5) Where a designated officer for a hospital or a registered medical practitioner, after making such enquiries as are reasonable in the circumstances is unable to ascertain the existence or whereabouts of the next of kin of the deceased person subsection (3) applies as if paragraph (d) of that subsection were omitted.
S. 32(6) amended by No. 23/1994 s. 118(Sch. 1 item 27.17).
(6) The senior available next of kin of a person may make it known to a designated officer for a hospital or a registered medical practitioner at any time when the person is unconscious before death that he consents to the retention after the death of the person of the body of the person for any of the purposes referred to in paragraphs (c) and (d) of subsection (1), but the designated officer or registered medical practitioner shall not act on such an indication if the person recovers consciousness.
S. 32(7) amended by No. 23/1994 s. 118(Sch. 1 item 27.17).
(7) A designated officer for a hospital or a registered medical practitioner who gives an authority under subsection (1) or (2) for the retention and use of the body of a deceased person shall forthwith advise the senior available next of kin of the deceased person that he has authorized the retention and use of the body of the deceased person in accordance with the wish or consent of the deceased person.
(8) Where there are two or more persons having a description referred to in a subparagraph of paragraph (a) or (b) of the definition of senior available next of kin in section 3, the consent of any of those persons has effect for the purposes of this section notwithstanding any indication to the contrary by the other or any other of those persons.
S. 32A inserted by No. 59/2006 s. 12.