Anatomy Act 1964

Anatomy Act 1964

An Act to consolidate and amend the law relating to the practice of anatomy

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:

1.   Short title

This Act may be cited as the Anatomy Act 1964 .

2.   Repeal

The Anatomy Act 1869 is repealed.

3.   Interpretation

[Section 3 Subsection (1) amended by No. 4 of 1991, s. 39 and Sched. 4 ][Section 3 Subsection (3) amended by No. 68 of 1994, s. 3 and Sched. 1 ]

(1)  [Section 3 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 3 Subsection (1) amended by No. 13 of 1997, Sched. 4, Applied:01 Jul 1997] In this Act, unless the contrary intention appears –

anatomical examination means the anatomical examination of a body for the purposes of the study and practice of anatomy;

authorized school of anatomy means a school of anatomy in respect of which an authority under section 5 is for the time being in force;

body means a dead human body;

chief executive officer, used in relation to an authorized school of anatomy or a public institution, means such officer of the school or institution, as is declared, by the governing authority (if any) of the school or institution or by the Minister, by notice in the Gazette, to be the chief executive officer of the school or institution for the purposes of this Act;

examine anatomically, used in relation to a body, means to make an anatomical examination of the body;

inspector means a person who is for the time being holding office as an inspector for any school or schools of anatomy pursuant to section 7 or a person authorized to perform the duties and exercise the powers of an inspector under that section;

medical certificate of death means a certificate, signed by a legally-qualified medical practitioner who attended a deceased person during his last illness, in the form for the time being provided by the Registrar-General pursuant to section 34 of the Registration of Births and Deaths Act 1895 , for use for the purposes of that section;

[Section 3 Subsection (1) amended by No. 32 of 1996, Sched. 1, Applied:01 Nov 1999]

[Section 3 Subsection (1) amended by No. 32 of 1996, Sched. 1, Applied:01 Nov 1999] mental hospital means an approved hospital within the meaning of the Mental Health Act 1996 ;

[Section 3 Subsection (1) amended by No. 13 of 1997, Sched. 4, Applied:01 Jul 1997] public hospital means a hospital maintained and operated by or on behalf of the State;

public institution means an institution (not being a public hospital or a mental hospital) that is established and maintained by the State;

repealed Act means the Anatomy Act 1869 .

(2)  The provisions of –

(a) paragraph (b) of section 8 ;

(b) subsection (3) of section 13 ; and

(c) sections 14 , 15 , and 17 –

so far as those provisions are applicable and with the necessary adaptations, apply to and in relation to the dealing with a body, or with a part of a body, in any manner or for any purpose that is referred to in section 10 or section 11 , and accordingly a reference in any of those provisions to the anatomical examination of a body or to the examination of a body anatomically shall be construed as including a reference to such a dealing with a body or part of a body.

(3)  [Section 3 Subsection (3) amended by No. 46 of 1991, s. 4 and Sched. 2 ]Without limiting the rights, powers, or duties of any person who is entitled under any rule of law to the possession of a body, the following persons shall, for the purposes of this Act, be deemed to be the persons lawfully in possession of bodies in the cases specified in the succeeding provisions of this subsection, namely:

(a) The medical superintendent or other officer for the time being in charge of a public hospital, in the case of a body lying in the hospital (being the body of a person who was a patient in the hospital);

(b) The Secretary of the Department, in the case of a body lying in a mental hospital (being the body of a person who was an inmate thereof); and

(c) The chief executive officer of a public institution, in respect of a body lying in the institution (being the body of a person who was an inmate thereof or a patient or boarder therein).

4.   Savings

(1)  Nothing in this Act shall be construed –

(a) as prohibiting a post-mortem examination of a body that is required or directed to be made by any competent legal authority; or

(b) as rendering unlawful any dealing with a body, or with any part of a body, that would have been lawful if this Act had not been passed.

(2)  [Section 4 Subsection (2) amended by No. 74 of 1995, s. 3 and Sched. 1 ]Nothing in this Act affects the operation of the Cremation Act 1934 or the Coroners Act 1995 and the provisions of this Act shall be construed accordingly as being in addition to, and not in derogation of, the provisions of those Acts.

5.   Schools of anatomy

[Section 5 Substituted by No. 62 of 1994, s. 4 ]The Minister, by order, may authorize the establishment of schools of anatomy where the study and practice of anatomy may be carried on in connection with any university or school of medicine subject to the conditions specified in that order.

5A.   Students to perform anatomical examinations

[Section 5A Inserted by No. 62 of 1994, s. 4 ]The chief executive officer of an authorized school of anatomy may allow students who are enrolled at that school to examine a body anatomically.

6.   Licences to examine bodies anatomically

[Section 6 Subsection (1) amended by No. 62 of 1994, s. 5 ]

(1)  [Section 6 Subsection (1) amended by No. 43 of 1982, s. 66 and Sched. 3 ]Upon application in that behalf made by –

(a) a dentist within the meaning of the Dental Act 1982 ; or

(b) a person (not being an unqualified person) who is registered under the Physiotherapists' Registration Act 1951 and is engaged in the teaching of physiotherapy –

(c) .  .  .  .  .  .  .  .  

the Minister may grant to the applicant a licence to examine bodies anatomically –

(d) in such authorized school or schools of anatomy as is or are specified in the licence;

(e) for such period, if any, as is so specified;

(f) subject to the condition that the licence may be revoked in such manner, and upon such grounds (if any), as is or are so specified; and

(g) upon and subject to compliance by the holder of the licence with such other conditions, if any, as are so specified.

(2)  A person who has been registered under the Physiotherapists' Registration Act 1951 solely by reason of the operation of section 10 (1) (e) of that Act is an unqualified person for the purposes of subsection (1) .

(3)  A licence under this section may contain a condition that the holder thereof may make any specified kind or kinds of anatomical examinations only or anatomical examinations for any specified purpose or purposes only.

(4)  [Section 6 Subsection (4) amended by No. 62 of 1994, s. 5 ]An application under this section shall be countersigned by two justices certifying that, to the best of their knowledge and belief, the applicant is a fit and proper person to be granted a licence to examine bodies anatomically.

(5)  [Section 6 Subsection (5) omitted by No. 62 of 1994, s. 5 ].  .  .  .  .  .  .  .  

7.   Inspectors of schools of anatomy

[Section 7 Substituted by No. 29 of 1984, s. 3 and Sched. 1 ]

(1)  [Section 7 Subsection (1) substituted by No. 5 of 1990, s. 3 and Sched. 1 ]The Secretary of the Department may appoint a person to be an inspector of a school of anatomy for the purposes of this Act and that person may hold that office in conjunction with a position or an office under the Tasmanian State Service Act 1984 .

(2)  [Section 7 Subsection (2) omitted by No. 5 of 1990, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

(3)  [Section 7 Subsection (3) amended by No. 5 of 1990, s. 3 and Sched. 1 ]Where there has not been an employee appointed as an inspector of a school of anatomy under subsection (1) the Secretary of the Department shall be deemed to be an, and hold the office of, inspector of a school of anatomy for the purposes of this Act.

(4)  [Section 7 Subsection (4) omitted by No. 5 of 1990, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

(5)  [Section 7 Subsection (5) omitted by No. 5 of 1990, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

8.   Powers and duties of inspectors

An inspector –

(a) may, at any time, visit and inspect any school of anatomy for which he is appointed as the inspector, pursuant to section 7(1)(b) ; and

(b) shall, on or before 31st December in each year, furnish to the Registrar-General a return of all bodies that, during the immediately preceding 12 months, have been received for anatomical examination at that school of anatomy and shall, in that return, specify –

(i) the sex; and

(ii) so far as they are known, the name and age –

of each person whose body was so received.

9.   Anatomical examinations of bodies

(1)  If a person, either in writing at any time or orally in the presence of two or more witnesses during his last illness –

(a) expresses a request that after his death an anatomical examination of his body be made; or

(b) nominates a person (being a person who is a legally-qualified medical practitioner or the holder of a subsisting licence under section 6 ) to make an anatomical examination of his body after his death –

and that request is, before the burial or cremation of the body, made known to the person who is lawfully in possession of the body, the last-mentioned person may, unless he has reason to believe that the request was subsequently withdrawn –

(c) in a case to which paragraph (a) relates, direct that an anatomical examination of the body be made; or

(d) in a case to which paragraph (b) relates, request and authorize the person so nominated to make an anatomical examination of the body.

(2)  Without prejudice to subsection (1) but subject to section 12 , the person who is lawfully in possession of a body may, if he thinks fit, authorize a person who is a legally-qualified medical practitioner or the holder of a subsisting licence under section 6 to make an anatomical examination of the body.

(3)  Notwithstanding anything in the foregoing provisions of this section, no person shall make an anatomical examination of a body in pursuance of those provisions unless he is satisfied, either by personal examination or upon the certificate of another person (being a legally-qualified medical practitioner) who has personally examined the body, that life is extinct.

10.   

11.   Post-mortem examinations for purposes of medical research or the teaching of pathology

(1)  If a person, either in writing at any time or orally in the presence of two or more witnesses during his last illness, expresses a request that after his death a post-mortem examination of his body be performed for the purposes of medical research or the teaching of pathology, the person who is lawfully in possession of the body after the death of the first-mentioned person may, unless he has reason to believe that the request was subsequently withdrawn, authorize a post-mortem examination of the body for any of those purposes.

(2)  Without prejudice to subsection (1) but subject to section 12 , the person who is lawfully in possession of the body of a deceased person may, if he thinks fit, authorize a post-mortem examination of the body for the purposes of medical research or the teaching of pathology.

(3)  Subject to this section, an authority given under this section by the person who is lawfully in possession of a body is sufficient authority for the post-mortem examination of the body and for the removal therefrom of diseased tissue for the purposes of medical research or the teaching of pathology.

(4)  No person shall perform a post-mortem examination of the body of a deceased person pursuant to this section until at least 6 hours after the time of the deceased person's death.

(5)  Notwithstanding anything in the foregoing provisions of this section, no person shall perform a post-mortem examination of a body pursuant to this section unless –

(a) he is a legally-qualified medical practitioner and is –

(i) the medical superintendent of a public hospital;

(ii) a pathologist on the staff of such a hospital (whether he is employed in an honorary capacity or otherwise);

(iii) a pathologist on the staff of an authorized school of anatomy or of a school of medicine or surgery established within a university; or

(iv) authorized by the Minister, by writing under his hand, to make post-mortem examinations for the purposes of this section; and

(b) he is satisfied, either by personal examination or upon the certificate of another person (being a legally-qualified medical practitioner) who has personally examined the body, that life is extinct.

12.   General restrictions on granting authority for bodies to be dealt with as provided in sections 9, 10, and 11

(1)  No person –

(a) being the person who is lawfully in possession of the body of a deceased person, shall –

(i) in pursuance of section 9 (2) , authorize a person to make an anatomical examination of the body;

(ii) in pursuance of section 10 (2) , authorize the use of the body or the removal and use of any part thereof for any purpose mentioned in that subsection; or

(iii) in pursuance of section 11 (2) , authorize the post-mortem examination of the body –

if the first-mentioned person has reason to believe that –

(iv) the deceased person had expressed an objection to his body being so dealt with after his death; or

(v) within 6 hours after the time of the deceased person's death, the surviving spouse of the deceased person, or his nearest relative, or any one or more of his nearest relatives (being kin in the same degree), objects or object to the body being so dealt with;

(b) being an undertaker or a person who has been entrusted by another person with a body for the purpose only of its burial or cremation, shall give an authority for the body, or any part of the body, to be dealt with in any manner, or for any purpose, that is mentioned in section 9 , or section 10 , or section 11 ; or

(c) if he has reason to believe that an inquest may be required to be held on a body or that a post-mortem examination of a body may be required by a coroner, shall, without the consent of a coroner –

(i) give an authority for the body, or any part of the body, to be dealt with in any manner, or for any purpose, that is mentioned in section 9 , or section 10 , or section 11 ; or

(ii) act on such an authority given by any other person.

(2)  A consent by a coroner under subsection (1) (c) may be given upon and subject to such conditions, if any, as the coroner thinks proper.

13.   Removal of bodies for anatomical examination and subsequent burial or cremation

(1)  No person shall cause or permit the body of a deceased person to be removed for anatomical examination to an authorized school of anatomy from the place where the deceased person died –

(a) until after the expiration of 24 hours from the time at which the deceased person died; or

(b) unless –

(i) not less than 12 hours' notice of intention so to remove the body is given to an inspector; and

(ii) a medical certificate of death is delivered (in duplicate), together with the body, to the person who receives the body for anatomical examination.

(2)  A person who, pursuant to any provision of this Act, directs or authorizes the removal of a body from any place for the purpose of it being examined anatomically shall ensure that, before it is so removed, the body is placed in a decent coffin or shell and that it is so removed therein.

(3)  A person who, pursuant to this Act, receives a body for the purpose of it being examined anatomically shall ensure –

(a) that, after the body has been so examined, all human remains resulting from, or remaining after, that examination are –

(i) decently buried in consecrated ground or in some public cemetery or part thereof in use for persons of the religious persuasion to which the deceased person belonged or, if the religious persuasion to which the deceased person belonged is not known, in such part of a public cemetery as the Minister thinks appropriate; or

(ii) cremated in accordance with the provisions of the Cremation Act 1934 in a crematory established and maintained in pursuance of that Act; and

(b) that –

(i) all such human remains are buried or cremated; and

(ii) a certificate of burial or cremation is given to an inspector –

within a period of 30 months (or such further period as the Minister may, in a particular case, by writing under his hand approve) after the date on which the body was received at the place at which the anatomical examination of the body was made.

14.   Who may receive bodies foranatomical examination, &c.

(1)  Subject to this section, a person may receive or possess a body for anatomical examination if –

(a) he –

(i) is a legally-qualified medical practitioner or the holder of a subsisting licence under section 6 ; and

(ii) is directed or authorized to make an anatomical examination of the body by the person who, at the time of the giving of the direction or authority –

(A) was lawfully in possession of the body; and

(B) had power pursuant to any provision of this Act to give that direction or authority; and

(b) the person by whom that direction or authority is given delivers with the body a medical certificate of death (in duplicate).

(2)  [Section 14 Subsection (2) amended by No. 118 of 1985, s. 33 ] Subsection (1) (a) (i) does not authorize a person to receive or to possess a body –

(a) .  .  .  .  .  .  .  .  

(b) for the performance of a post-mortem examination for any purpose mentioned in subsection (1) of section 11 , unless that person possesses a qualification referred to in paragraph (a) of subsection (5) of that section.

(3)  The –

(a) receipt or possession by a person of a body for the purpose of its anatomical examination; or

(b) anatomical examination of a body by a person –

is lawful if that person receives or possesses the body, or, as the case may be, makes an anatomical examination of the body, in accordance with the provisions of this Act and (if he is the holder of a licence under section 6 ) in conformity with the conditions specified in that licence.

15.   Duties of persons receiving bodies for anatomical examination, &c.

A person who receives a body for anatomical examination shall –

(a) demand and receive, together with the body, a medical certificate of death (in duplicate);

(b) within 24 hours after receiving the body, deliver a copy of that certificate, or cause a copy of that certificate to be delivered, to a person who is required by law to register the death of the deceased person;

(c) enter, or cause to be entered, in a book to be kept for the purpose, a copy of that certificate; and

(d) produce that book for examination by an inspector whenever required by the inspector so to do.

16.   Regulation of practice and teaching of anatomy

(1)  No person shall –

(a) practise or teach anatomy or examine a body anatomically –

(i) unless he is a legally-qualified medical practitioner or the holder of a subsisting licence under section 6 ; or

(ii) except as provided in subsection (2) , elsewhere than at an approved school of anatomy; or

(b) except as provided in subsection (2) , receive or possess a body elsewhere than at an approved school of anatomy for the purpose of the anatomical examination of the body.

(2)  Notwithstanding anything in subsection (1) , a person who is authorized under this Act to practise or teach anatomy or to examine bodies anatomically –

(a) with the prior approval in writing –

(i) of an inspector; and

(ii) in the case of a person who is the holder of a licence under section 6 , of the chief executive officer of the authorized school of anatomy at which he is authorized by his licence to examine bodies anatomically; and

(b) upon and subject to such terms and conditions as the inspector or, as the case requires, as the inspector and that governing authority may impose –

but not otherwise, may receive a body or have a body in his possession for the purpose of the anatomical examination of the body, or may make an anatomical examination of a body, at a place other than an authorized school of anatomy (being a place that is approved for the purpose by that inspector or, as the case requires, by that inspector and that governing authority, either generally or in a particular case).

(3)  Where a licence under section 6 contains a condition that the holder thereof may make any specified kind or kinds of anatomical examinations only or may make anatomical examinations for any specified purpose or purposes only, the person who is the holder of the licence shall not examine any body anatomically otherwise than in conformity with that condition.

17.   Anatomy, &c., to be practised in an orderly and decent manner

A person who makes an anatomical examination of a body shall –

(a) do so in such a way as to avoid unnecessary mutilation of the body; and

(b) conduct any such anatomical examination made by him in a manner that is orderly, quiet, and decent.

18.   Non-liability of certain persons

No person is liable to any prosecution, penalty, forfeiture, or punishment for or in respect of the doing of any act, matter, or thing that is declared by any provision of this Act to be lawful.

19.   Offences and penalty

[Section 19 Amended by No. 55 of 1965, s. 5 ][Section 19 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who contravenes or fails to comply with a provision of this Act that is applicable to him is guilty of an offence.

Penalty:  Fine not exceeding 5 penalty units or imprisonment for a term not exceeding 3 months.

20.   Regulations

[Section 20 Amended by No. 55 of 1965, s. 5 ][Section 20 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]The Governor may make regulations for the purposes of this Act and, without prejudice to the generality of the provisions of this section, may make regulations –

(a) for or with respect to the conduct, equipment, inspection, and control of authorized schools of anatomy;

(b) prescribing the fees to be paid in respect of the granting of licences under this Act; and

(c) imposing fines, not exceeding 5 penalty units, for offences against the regulations.