New South Wales Consolidated Acts
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CORONERS ACT 2009 - SECT 97
Applications to Supreme Court by senior next of kin
(cf Coroners Act 1980 , s 48A(6)-(8))
(1) A senior next of kin to whom a
notice has been given under section 96(3) may apply to the Supreme Court
within 48 hours after the notice was given for an order that a relevant post
mortem investigative function not be exercised.
(2) The making of the
application to the Supreme Court operates to stay the operation of any order
or direction of the coroner for the exercise of the relevant post mortem
investigative function.
(3) On any such application, the Supreme Court may
make any of the following orders if the Court is satisfied that it is
necessary or desirable in the circumstances to do so-- (a) in the case of an
application concerning a post mortem examination being conducted on a deceased
person-- (i) an order that the post mortem examination not be conducted, or
(ii) an order that a post mortem examination be conducted subject to such
limitations as the Court may specify in the order, or
(iii) an order
confirming the direction of the coroner,
(b) in the case of an application
concerning the retention of a whole organ of a deceased person-- (i) an order
that the whole organ not be retained, or
(ii) an order confirming the order
of the coroner.
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