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TASMANIA
__________
ANATOMICAL EXAMINATIONS BILL 2006
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Delegation by Head of Faculty
5. Deceased persons to be treated with dignity
PART 2 - CONSENT TO ANATOMICAL EXAMINATIONS
6. Personal consents
7. Consents of next of kin
8. Access to medical records
PART 3 - AUTHORISATIONS
9. Individual authorisations to undertake anatomical examinations
10. General authorisations to undertake anatomical examinations
11. Amendment and revocation of individual authorisations
12. Amendment and revocation of general authorisations
13. Record of authorisations
PART 4 - UNDERTAKING ANATOMICAL EXAMINATIONS
14. Acceptance of bodies for anatomical examination
15. Duty of Head of Faculty to register certain deaths
[Bill 39]-II
16. Release or provision of bodies
17. Return of bodies
18. Transfer of bodies
PART 5 - RETENTION AND DISPOSAL OF BODIES
19. Period that body may be retained for anatomical examination
20. Burial or cremation
PART 6 - AUTHORISED OFFICERS
21. Authorised officers
22. Powers and duties of authorised officers
PART 7 - MISCELLANEOUS
23. Offences
24. Service of notices and other documents
25. Regulations
26. Amendment of Act
27. Administration of Act
28. Savings and transitional
29. Consequential Amendments
30. Legislation repealed
SCHEDULE 1 - SAVINGS AND TRANSITIONALS
SCHEDULE 2 - CONSEQUENTIAL AMENDMENTS
SCHEDULE 3 - LEGISLATION REPEALED
2
ANATOMICAL EXAMINATIONS BILL 2006
(Brought in by the Minister for Health and Human Services,
the Honourable Larissa Tahireh Giddings)
A BILL FOR
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
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 -
[Bill 39] 3
Anatomical Examinations Act 2006
Act No. of
s. 3 Part 1 - Preliminary
"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
4
Anatomical Examinations Act 2006
Act No. of
Part 1 - Preliminary s. 3
(b) is prescribed as being a
corresponding law;
"Faculty" means the Faculty of Health
Science 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
5
Anatomical Examinations Act 2006
Act No. of
s. 3 Part 1 - Preliminary
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
6
Anatomical Examinations Act 2006
Act No. of
Part 1 - Preliminary s. 3
(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.
7
Anatomical Examinations Act 2006
Act No. of
s. 4 Part 1 - Preliminary
(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.
4. Delegation by Head of Faculty
The Head of Faculty may delegate any of his or
her powers or functions under this Act, other
than this power of delegation.
5. Deceased persons to be treated with dignity
In the undertaking of an anatomical examination
under this Act, regard is to be had to the dignity
of the deceased person.
8
Anatomical Examinations Act 2006
Act No. of
Part 2 - Consent to Anatomical Examinations s. 6
PART 2 - CONSENT TO ANATOMICAL
EXAMINATIONS
6. Personal consents
(1) A person may consent to his or her body being
anatomically examined after his or her death.
(2) The consent must be -
(a) in an approved form; and
(b) given to the Head of Faculty.
(3) The person may, by oral or written notice given
to the Head of Faculty, withdraw the consent at
any time.
(4) If the person withdraws the consent, the Head of
Faculty is to give the person written
acknowledgment of that withdrawal as soon as
practicable after receiving the notice under
subsection (3).
(5) The withdrawal of the consent, if given orally, is
not effective until the acknowledgment is given.
7. Consents of next of kin
(1) A deceased person's next of kin may consent to
the body of the deceased person being
anatomically examined if the deceased person -
(a) during his or her lifetime, gave informal
consent for the examination; and
9
Anatomical Examinations Act 2006
Act No. of
s. 8 Part 2 - Consent to Anatomical Examinations
(b) never withdrew that consent.
(2) The consent of the next of kin must be -
(a) in the approved form; and
(b) accompanied by a copy of the deceased
person's informal consent; and
(c) given to the Head of Faculty.
(3) The Head of Faculty may request the next of kin
to provide further evidence or information in
relation to the consent.
(4) If more than one next of kin is entitled to consent
to the anatomical examination, each next of kin
so entitled must give the consent jointly.
(5) In this section -
"informal consent" means written consent
other than in accordance with
section 6(2).
8. Access to medical records
(1) The Head of Faculty may request access to the
medical records of any deceased person for
whom the Head of Faculty holds a valid consent
form.
(2) The request may be made of any person who the
Head of Faculty believes may hold medical
records of the deceased person.
10
Anatomical Examinations Act 2006
Act No. of
Part 2 - Consent to Anatomical Examinations s. 8
(3) The request is authority for its recipient to
provide the Head of Faculty with -
(a) access to the medical records of the
deceased person; and
(b) if the request so stipulates, copies of the
medical records of the deceased person.
(4) It is the duty of the recipient of the request to
comply with it as far and as soon as practicable.
(5) If the Head of Faculty makes the request orally
and it is complied with to any degree, the Head
of Faculty is to confirm the request in writing as
soon as practicable.
(6) If the recipient of the request incurs costs in
complying with it, the Head of Faculty is to
reimburse the recipient for those costs to such
extent as the Head of Faculty considers
reasonable in the circumstances.
11
Anatomical Examinations Act 2006
Act No. of
s. 9 Part 3 - Authorisations
PART 3 - AUTHORISATIONS
9. Individual authorisations to undertake anatomical
examinations
(1) A natural person may apply to the Head of
Faculty for authorisation to undertake an
anatomical examination.
(2) The application must be -
(a) in writing; and
(b) in an approved form; and
(c) supported by such evidence or
information as the Head of Faculty
requires; and
(d) accompanied by the prescribed fee, if
any.
(3) The prescribed fee is payable to, and may be
retained by, the University of Tasmania.
(4) On receiving the application, the Head of
Faculty may issue the individual authorisation if
satisfied that -
(a) the applicant has appropriate
qualifications to undertake the
anatomical examination; and
(b) the applicant has a valid reason for
wanting to undertake the anatomical
examination; and
12
Anatomical Examinations Act 2006
Act No. of
Part 3 - Authorisations s. 9
(c) the anatomical examination will be
undertaken with proper regard to the
requirements of section 5.
(5) The individual authorisation is to be issued on -
(a) the prescribed conditions, if any; and
(b) such other conditions as the Head of
Faculty thinks fit.
(6) The individual authorisation -
(a) is to be in writing; and
(b) is to specify the conditions of the
authorisation, if any; and
(c) takes effect on -
(i) the day on which the
authorisation is issued; or
(ii) such later day as may be
specified in the authorisation; and
(d) has effect -
(i) for such period not exceeding 12
months as is specified in the
authorisation; or
(ii) if no period is specified in the
authorisation, for a period of 12
months commencing on the day
on which the authorisation takes
effect.
13
Anatomical Examinations Act 2006
Act No. of
s. 10 Part 3 - Authorisations
(7) If a person is aggrieved by refusal of the Head of
Faculty to issue to the person an individual
authorisation, he or she may apply to the
Magistrates Court (Administrative Appeals
Division) for a review of that decision.
10. General authorisations to undertake anatomical
examinations
(1) The Head of Faculty may issue a general
authorisation for persons of a particular class to
undertake anatomical examinations for a purpose
specified in the authorisation.
(2) The general authorisation is to be issued on -
(a) the prescribed conditions, if any; and
(b) such other conditions as the Head of
Faculty thinks fit.
(3) The general authorisation -
(a) is to be in writing; and
(b) is to specify the conditions of the
authorisation, if any; and
(c) takes effect on -
(i) the day on which the
authorisation is issued; or
(ii) such later day as may be
specified in the authorisation; and
(d) has effect -
14
Anatomical Examinations Act 2006
Act No. of
Part 3 - Authorisations s. 11
(i) for such period as is specified in
the authorisation; or
(ii) if no period is specified in the
authorisation, until it is revoked
by the Head of Faculty.
11. Amendment and revocation of individual
authorisations
(1) The Head of Faculty may amend or revoke an
individual authorisation at any time.
(2) The amendment or revocation is to be effected
by means of a notice given to the holder of the
individual authorisation.
(3) The notice -
(a) is to be in writing; and
(b) takes effect on -
(i) the day on which it is given; or
(ii) such later day as is specified in
the notice; and
(c) is to advise of the right of review under
subsection (5).
(4) If the notice is to effect an amendment of the
individual authorisation, the amendment may
involve all or any of the following:
(a) the placement of a new condition on the
authorisation;
15
Anatomical Examinations Act 2006
Act No. of
s. 12 Part 3 - Authorisations
(b) the alteration of an existing condition of
the authorisation;
(c) the omission of an existing condition
from the authorisation.
(5) If the holder of the individual authorisation is
aggrieved by the decision to amend or revoke the
authorisation, he or she may apply to the
Magistrates Court (Administrative Appeals
Division) for a review of that decision.
12. Amendment and revocation of general
authorisations
(1) The Head of Faculty may, by instrument in
writing, amend or revoke a general authorisation
at any time.
(2) The amendment or revocation takes effect on -
(a) the day on which the instrument is
executed; or
(b) such later day as is specified in the
instrument.
(3) If the instrument is to effect an amendment of
the general authorisation, the amendment may
involve all or any of the following:
(a) the placement of a new condition on the
authorisation;
(b) the alteration of an existing condition of
the authorisation;
16
Anatomical Examinations Act 2006
Act No. of
Part 3 - Authorisations s. 13
(c) the omission of an existing condition
from the authorisation.
13. Record of authorisations
(1) The Head of Faculty is to keep a record of each
individual authorisation and general
authorisation issued under this Part, and of the
amendment or revocation of any such
authorisation.
(2) On payment of the prescribed fee, if any, a
person may -
(a) inspect a record kept under
subsection (1) relating to a general
authorisation; or
(b) obtain a copy of, or extract from, a
record relating to a general authorisation.
(3) The Head of Faculty may waive all or part of a
prescribed fee under this section.
(4) A prescribed fee under this section is payable to,
and may be retained by, the University of
Tasmania.
17
Anatomical Examinations Act 2006
Act No. of
s. 14 Part 4 - Undertaking Anatomical Examinations
PART 4 - UNDERTAKING ANATOMICAL
EXAMINATIONS
14. Acceptance of bodies for anatomical examination
(1) The Head of Faculty may accept, for anatomical
examination, a body of a deceased person for
which there is a valid consent form.
(2) The Head of Faculty accepts the body of a
deceased person for anatomical examination
by -
(a) entering prescribed particulars about the
deceased person in a register that the
Head of Faculty keeps for the purpose;
and
(b) filing in the register one copy of the
medical certificate of death for the
deceased person.
(3) The Head of Faculty must not accept the body of
a deceased person for anatomical examination
unless -
(a) the Head of Faculty holds, or receives
together with the body -
(i) the consent form for the deceased
person; and
(ii) a copy of the medical certificate
of death for the deceased person;
and
18
Anatomical Examinations Act 2006
Act No. of
Part 4 - Undertaking Anatomical Examinations s. 15
(b) in the case of a transferred body,
evidence that the deceased person's death
has been registered in the jurisdiction in
which he or she died.
(4) After accepting the body of a deceased person
under this section, the Head of Faculty may
request a certified copy of the medical certificate
of death from the Registrar.
15. Duty of Head of Faculty to register certain deaths
(1) This section applies if -
(a) the Head of Faculty accepts the body of a
deceased person under section 14; and
(b) the deceased person's death has not been
registered under the Births, Deaths and
Marriages Registration Act 1999 or
under a law of the Commonwealth,
another State or a Territory
corresponding to that Act.
(2) As soon as practicable after accepting the body,
the Head of Faculty must register the death of
the deceased person in accordance with the
Births, Deaths and Marriages Registration Act
1999.
Penalty: Fine not exceeding 10 penalty units.
19
Anatomical Examinations Act 2006
Act No. of
s. 16 Part 4 - Undertaking Anatomical Examinations
16. Release or provision of bodies
(1) After accepting the body of a deceased person
under section 14, the Head of Faculty may -
(a) release it to the holder of an individual
authorisation for the purpose of
anatomical examination; or
(b) provide it for anatomical examination
conducted pursuant to a general
authorisation.
(2) The release of the body under subsection (1)
does not relieve the Head of Faculty of his or her
duties under this Act, or under any other Act, in
respect of the body.
17. Return of bodies
The holder of the individual authorisation to
whom the body is released under section 16 must
return it to the Head of Faculty as soon as
practicable after the earlier of the following
events:
(a) the anatomical examination for which the
individual authorisation has been issued
is completed;
(b) the individual authorisation ceases to
have effect.
Penalty: Fine not exceeding 10 penalty units
and, in the case of a continuing
offence, a further fine not exceeding 1
20
Anatomical Examinations Act 2006
Act No. of
Part 4 - Undertaking Anatomical Examinations s. 18
penalty unit for each day during which
the offence continues.
18. Transfer of bodies
(1) The Head of Faculty may transfer a body of a
deceased person that has been accepted under
section 14 to a person who is in charge of
anatomical examinations at any place outside
Tasmania if the Head of Faculty is satisfied
that -
(a) the person is authorised by a
corresponding law to accept the body;
and
(b) the transfer would not be contrary to the
wishes of the deceased person or the
deceased person's next of kin.
(2) On transferring the body, the Head of Faculty
must ensure that the transferee is provided with -
(a) a copy of the relevant consent form; and
(b) a copy of the relevant medical certificate
of death; and
(c) evidence that the death of the deceased
person has been registered in Tasmania;
and
(d) a copy of the entry in the register for the
deceased person; and
21
Anatomical Examinations Act 2006
Act No. of
s. 18 Part 4 - Undertaking Anatomical Examinations
(e) such other evidence or information as
may be prescribed.
(3) After transferring the body, the Head of Faculty
must enter the following particulars in the
register:
(a) the fact that the body has been
transferred;
(b) the name and address of the person to
whom the body has been transferred;
(c) the date of the transfer;
(d) such other particulars as may be
prescribed.
(4) Once the transfer of the body has been
completed and subsection (3) has been complied
with, the Head of Faculty is relieved of his or her
duties under this Act, and under all other Acts, in
respect of the body.
(5) For the purposes of this section, the transfer of
the body is completed once the transferee has
physical possession of the body.
22
Anatomical Examinations Act 2006
Act No. of
Part 5 - Retention and Disposal of Bodies s. 19
PART 5 - RETENTION AND DISPOSAL OF BODIES
19. Period that body may be retained for anatomical
examination
(1) A body of a deceased person that has been
accepted for anatomical examination under
section 14 may be retained for -
(a) if the consent form does not indicate a
period, 5 years after the day on which the
Head of Faculty accepts the body; or
(b) if the consent form indicates a specific
period, that specific period; or
(c) if the consent form indicates an indefinite
period, an indefinite period.
(2) A period referred to in subsection (1)(a) or (b)
may be extended either for a fixed or indefinite
period, if -
(a) the Head of Faculty and the next of kin
of the deceased person, by instrument in
writing, jointly consent to the extension;
or
(b) the Secretary, by instrument in writing,
consents to the extension.
(3) However, the Secretary may only consent under
subsection (2)(b) if, after making reasonable
inquiries, he or she is satisfied that -
23
Anatomical Examinations Act 2006
Act No. of
s. 20 Part 5 - Retention and Disposal of Bodies
(a) the deceased person had no next of kin;
or
(b) a next of kin of the deceased person
cannot be found.
(4) If the period for which a body may be retained is
extended under subsection (2), the Head of
Faculty is to enter particulars of the extension in
the register.
20. Burial or cremation
(1) The next of kin of a deceased person whose
body has been accepted for anatomical
examination under section 14 may request that,
once it is no longer required for that purpose, it
be released to a prescribed business for burial or
cremation in accordance with the Burial and
Cremation Act 2002.
(2) A request under subsection (1) is to be -
(a) made in writing; and
(b) given to the Head of Faculty.
(3) The Head of Faculty may request the next of kin
to provide further evidence or information in
relation to a request under subsection (1).
(4) Once a body that has been accepted for
anatomical examination under section 14 is no
longer required for that purpose, the Head of
Faculty must ensure that -
24
Anatomical Examinations Act 2006
Act No. of
Part 5 - Retention and Disposal of Bodies s. 20
(a) if a request under subsection (1) has been
made, the body is released for burial or
cremation in accordance with that
request; or
(b) if a request under subsection (1) has not
been made, the body is buried or
cremated in accordance with the
regulations, if any, and the Burial and
Cremation Act 2002.
Penalty: Fine not exceeding 10 penalty units.
(5) For the purposes of this section, a body is taken
to be no longer required for anatomical
examination when -
(a) in the case of retention for a fixed
period -
(i) the fixed period expires; or
(ii) the Head of Faculty sooner
determines that the body is no
longer required for anatomical
examination; or
(b) in the case of retention for an indefinite
period, the Head of Faculty determines
that the body is no longer required for
anatomical examination.
(6) Once a body has been released under this
section, the Head of Faculty is to enter
prescribed particulars of the release, if any, in
the register.
25
Anatomical Examinations Act 2006
Act No. of
s. 20 Part 5 - Retention and Disposal of Bodies
(7) In this section -
"prescribed business" has the same meaning
as in the Burial and Cremation Act 2002.
26
Anatomical Examinations Act 2006
Act No. of
Part 6 - Authorised Officers s. 21
PART 6 - AUTHORISED OFFICERS
21. Authorised officers
The Secretary may appoint a State Service
officer or State Service employee to be an
authorised officer for the purpose of this Act and
that officer or employee may hold that office in
conjunction with State Service employment.
22. Powers and duties of authorised officers
(1) An authorised officer may do any or all of the
following:
(a) at any time, without advance notice to
the Head of Faculty, visit and inspect any
part of the Faculty where bodies of
deceased persons are held, anatomical
examinations are undertaken or records
relating to anatomical examinations are
kept;
(b) during any visit to, or inspection of, the
Faculty -
(i) search for, examine, take
possession of, make copies of or
take extracts from any document
that may be held by the Faculty;
and
(ii) require any person who
apparently is in charge of, or
27
Anatomical Examinations Act 2006
Act No. of
s. 22 Part 6 - Authorised Officers
employed at, the Faculty to open
any container; and
(iii) require any person who
apparently is in charge of, or
employed at, the Faculty to
answer any question; and
(iv) take notes, photographs, films,
audio recordings or video
recordings;
(c) at any time, request that a document,
copies of a document or extracts of a
document that may be held by, or at, the
Faculty be delivered to an authorised
officer as specified in the request.
(2) An authorised officer may, at any time -
(a) in accordance with the Births, Deaths
and Marriages Registration Act 1999,
access, without charge, any document
given to the Registrar for the purposes of
this Act; and
(b) request that the Registrar answer any
question that the authorised officer
considers relevant to the administration
of this Act.
(3) The authorised officer is to notify the Secretary
of any contravention of the Act, or possible
contravention of the Act, as soon as practicable
after the authorised officer becomes aware of the
contravention or possible contravention.
28
Anatomical Examinations Act 2006
Act No. of
Part 7 - Miscellaneous s. 23
PART 7 - MISCELLANEOUS
23. Offences
(1) A person must not undertake an anatomical
examination unless -
(a) the person holds an individual
authorisation and the body being
anatomically examined has been released
to the person by the Head of Faculty in
accordance with this Act; or
(b) the person belongs to a class of persons
for whom a general authorisation is in
effect and the body being anatomically
examined has been provided by the Head
of Faculty in accordance with this Act.
Penalty: Fine not exceeding 50 penalty units or
imprisonment for a term not exceeding
6 months, or both.
(2) A person who is authorised to undertake an
anatomical examination under section 9 or 10
must comply with the conditions, if any, of the
authorisation.
Penalty: Fine not exceeding 10 penalty units or
imprisonment for a term not exceeding
one month, or both.
29
Anatomical Examinations Act 2006
Act No. of
s. 24 Part 7 - Miscellaneous
24. Service of notices and other documents
A notice or other document is effectively given
to or served on a person under this Act if -
(a) in the case of a natural person, it is -
(i) handed to the person; or
(ii) left at, or sent by post to, the
person's postal or residential
address or place of business or
employment last known to the
giver or server of the notice or
document; or
(iii) faxed to the person's fax number;
or
(iv) emailed to the person's email
address; and
(b) in the case of any other person, it is -
(i) left at, or sent by post to, the
person's principal or registered
office or principal place of
business; or
(ii) faxed to the person's fax number;
or
(iii) emailed to the person's email
address.
30
Anatomical Examinations Act 2006
Act No. of
Part 7 - Miscellaneous s. 25
25. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) Without limiting the generality of subsection (1),
the regulations may -
(a) provide for fees and charges payable in
respect of any matter under this Act; and
(b) prescribe the conditions of individual
authorisations and general authorisations;
and
(c) provide for other matters relating to an
authorisation or consent given under this
Act; and
(d) prescribe what is to be included in the
register and any other records or
documents to be kept or maintained
under this Act; and
(e) provide how the register and any other
records, or documents, required under
this Act are to be kept and maintained;
and
(f) provide for other matters relating to the
burial or cremation of a body of a
deceased person that was accepted for
anatomical examination under this Act;
and
(g) provide for other matters relating to the
handling, treatment, storage or
31
Anatomical Examinations Act 2006
Act No. of
s. 26 Part 7 - Miscellaneous
transportation of a body of a deceased
person; and
(h) prescribe any further powers or
obligations of authorised officers in
relation to this Act.
(3) The regulations may be made so as to apply
differently according to such factors as are
specified in the regulations.
(4) The regulations may adopt, either wholly or in
part and with or without modification, and either
specifically or by reference, any standards, rules,
codes or specifications whether or not the
standards, rules, codes or specifications are
published or issued before or after the
commencement of this Act.
(5) A reference in subsection (4) to standards, rules,
codes or specifications includes a reference to an
amendment of those standards, rules, codes or
specifications, whether the amendment is
published or issued before or after the
commencement of this Act.
26. Amendment of Act
(1) If the Faculty of Health Science in the University
of Tasmania changes its name, the Governor, by
order, may omit the definition of "Faculty" in
section 3(1) and substitute a definition
containing the Faculty's new name.
32
Anatomical Examinations Act 2006
Act No. of
Part 7 - Miscellaneous s. 27
(2) If the Faculty of Health Science in the University
of Tasmania ceases to be the body responsible
for anatomical examinations in this State, the
Governor, by order, may -
(a) omit the definition of "Faculty" in
section 3(1) and substitute a definition
containing the name of the body that has
assumed responsibility for anatomical
examinations in this State; and
(b) if necessary, consequentially amend or
substitute the definition of "Head of
Faculty" in section 3(1); and
(c) if necessary, consequentially amend any
other provision of this Act, including this
section.
(3) An order under this section is a statutory rule for
the purposes of the Rules Publication Act 1953.
27. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Minister for Health and Human
Services; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Health
and Human Services.
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Anatomical Examinations Act 2006
Act No. of
s. 28 Part 7 - Miscellaneous
28. Savings and transitional
The savings and transitional provisions set out in
Schedule 1 have effect.
29. Consequential Amendments
The legislation specified in Schedule 2 is
amended as specified in that Schedule.
30. Legislation repealed
The legislation specified in Schedule 3 is
repealed.
34
Anatomical Examinations Act 2006
Act No. of
sch. 1
SCHEDULE 1 - SAVINGS AND TRANSITIONALS
Section 28
1. Interpretation
In this Schedule -
"commencement day" means the day on
which this Act commences;
"consent under the former Act", in relation
to an anatomical examination, means -
(a) a request under section 9(1)(a) of
the former Act for an anatomical
examination to be made; and
(b) a nomination under section
9(1)(b) of the former Act for a
specific person to make an
anatomical examination; and
(c) an authorisation under section
9(2) of the former Act of a person
to make an anatomical
examination;
"former Act" means the Anatomy Act 1964 as
in force immediately before the
commencement day;
"school of anatomy" means a school that,
immediately before the commencement
day, was an authorized school of
anatomy under the former Act;
35
Anatomical Examinations Act 2006
Act No. of
sch. 1
"written consent under the former Act", in
relation to an anatomical examination,
means -
(a) a written request under section
9(1)(a) of the former Act for an
anatomical examination to be
made; and
(b) a written nomination under
section 9(1)(b) of the former Act
for a specific person to make an
anatomical examination.
2. Certain authorisations, &c., cease to have effect
The following matters under the former Act
cease to have effect on the commencement day:
(a) a declaration of a person as a chief
executive officer in accordance with the
definition of "chief executive officer" in
section 3 of the former Act;
(b) an authority issued for a school of
anatomy under section 5 of the former
Act;
(c) a licence granted under section 6 of the
former Act;
(d) an appointment as an inspector under
section 7 of the former Act;
36
Anatomical Examinations Act 2006
Act No. of
sch. 1
(e) a request under section 11 of the former
Act for the performance of a post-
mortem examination.
3. Consent to anatomical examination under former
Act
(1) A body of a deceased person that was the subject
of a consent under the former Act immediately
before the commencement day is taken to have
been accepted for anatomical examination under
section 14 of this Act, and that acceptance is
taken to have occurred when the body was
received by a school of anatomy for anatomical
examination under the former Act.
(2) A body that, by virtue of subclause (1), is taken
to have been accepted for anatomical
examination under section 14 of this Act may be
retained for -
(a) the period that was specified when the
consent under the former Act was given;
or
(b) if no such period was specified, a period
not exceeding 30 months after the day on
which the body is taken to have been
accepted by virtue of subclause (1).
(3) The period for which a body may be retained
under subclause (2) may be extended under
section 19(2) of this Act as if that period were a
fixed period.
37
Anatomical Examinations Act 2006
Act No. of
sch. 1
4. Written consent to be consent form
A written consent under the former Act that had
not been revoked immediately before the
commencement day is taken to be a valid
consent form for the purposes of this Act.
38
Anatomical Examinations Act 2006
Act No. of
sch. 2
SCHEDULE 2 - CONSEQUENTIAL AMENDMENTS
Section 29
Burial and Cremation Act 2002
1. Section 3(1) is amended by omitting paragraph
(c) from the definition of "prescribed business"
and substituting:
(c) in accordance with the Anatomical
Examinations Act 2006; or
Human Tissue Act 1985
1. Section 28(1)(c) is amended by omitting
"Anatomy Act 1964" and substituting
"Anatomical Examinations Act 2006".
39
Anatomical Examinations Act 2006
Act No. of
sch. 3
SCHEDULE 3 - LEGISLATION REPEALED
Section 30
Anatomy Act 1964 (No. 59 of 1964)
40 Government Printer, Tasmania