Anatomical Examinations Regulations 2017

Anatomical Examinations Regulations 2017

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Anatomical Examinations Act 2006 .

C. WARNER

Governor

By Her Excellency's Command,

Michael Darrel Joseph Ferguson

Minister for Health

1.   Short title

These regulations may be cited as the Anatomical Examinations Regulations 2017 .

2.   Commencement

These regulations take effect on 28 February 2017.

3.   Interpretation

In these regulations –

Act means the Anatomical Examinations Act 2006 ;

coffin means a box, case or other receptacle into which human remains are placed for cremation or interment;

electronic tag means a device that is –

(a) a type, or class, of electronic tag approved for use; and

(b) intended to remain inserted in a part of a body of a deceased person accepted for anatomical examination;

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;

marked body bag, in relation to the body of a deceased person, means a body bag marked under regulation 8(3) with the unique identification number for the body;

prescribed business has the same meaning as in the Burial and Cremation Act 2002 ;

unique identification number, in relation to a body of a deceased person accepted for anatomical examination, means the unique number allocated by the Head of Faculty under regulation 7 .

4.   Register

(1)  The register may –

(a) be kept in more than one format; and

(b) be kept, or partially kept, in an electronic format.

(2)  The following particulars are prescribed to be entered in the register in respect of a body of a deceased person accepted for anatomical examination:

(a) the full name of the deceased person;

(b) the date of birth of the deceased person;

(c) the date of death of the deceased person;

(d) the unique identification number allocated to the body of the deceased person;

(e) the date on which the body of the deceased person was accepted by the Head of Faculty;

(f) the maximum period for which the body of the deceased person may be retained by the Head of Faculty;

(g) the day on which the period referred to in paragraph (f) ends, if applicable.

5.   Records and particulars to be kept

(1)  The Head of Faculty is to retain the following documents:

(a) the consent form for each body of a deceased person accepted for anatomical examination under section 14 of the Act;

(b) all requests of next of kin made under section 20 of the Act.

(2)  The Head of Faculty is to record the following particulars and retain the record:

(a) the full name of the next of kin of each deceased person whose body has been accepted for anatomical examination;

(b) the last known address and contact phone number for each such next of kin;

(c) the relationship of each such next of kin to the deceased person;

(d) the date on which each such next of kin was notified in writing under regulation 12(3)(b) .

6.   Confidentiality

(1)  Unless authorised by the Head of Faculty, a person must not access, or be given access to –

(a) the register; or

(b) a document, or record, held by the Faculty that contains identifying information about –

(i) a person, or a deceased person, who is the subject of a consent form held by the Faculty; or

(ii) the next of kin of a deceased person whose body has been accepted for anatomical examination.

Penalty:  Fine not exceeding 10 penalty units.

(2)  The Head of Faculty must ensure that –

(a) the register; and

(b) all documents and records, held by the Faculty, that contain identifying information about a deceased person whose body has been accepted for anatomical examination –

are kept in a secure place that is not accessible to persons who are not entitled to access that register, or those documents or records, respectively.

7.   Unique identification number

As soon as practicable after the body of a deceased person has been accepted for anatomical examination, the Head of Faculty is to allocate in respect of the body a unique number for identification purposes.

8.   Tagging of body

(1)  On accepting the body of a deceased person for anatomical examination and in the presence of a witness, the Head of Faculty is to –

(a) attach tags that comply with subregulation (2) to the wrist and ankle of the body; and

(b) remove all other tags attached to the body.

(2)  A tag attached to a body is to be –

(a) made of a durable material; and

(b) marked in indelible ink with the unique identification number for the body; and

(c) signed by the person who attached the tag and a person who witnessed the attaching of the tag.

(3)  After a body is tagged in accordance with this regulation, the body is to be placed into a body bag marked with the unique identification number for the body.

9.   Tagging of body part

(1)  If a part of the body of a deceased person is to be separated from the remainder of the body and removed from the marked body bag for the body, the part of the body is to be –

(a) tagged with a tag that complies with regulation 8(2)(a) and (b) ; or

(b) implanted with an electronic tag that bears the unique identification number for the body.

(2)  A part of the body of a deceased person tagged or implanted in accordance with subregulation (1) is to be kept in a container that is marked in indelible ink with the unique identification number for the body.

(3)  If a part of the body of a deceased person is separated from the remainder of the body and removed from the marked body bag for the body, the Head of Faculty is to ensure that the following particulars are recorded:

(a) the name of the person to whom the part of the body was released;

(b) each location where the part of the body is stored while it is separated from the marked body bag for the body;

(c) if known, the day on which the part of the body is expected to be returned to the marked body bag for the body.

(4)  Once the part of the body is no longer required for anatomical examination, the part is to be returned to the marked body bag for the body.

10.   Offence to remove tag

A person must not remove –

(a) a tag attached to a body, or part of a body; or

(b) an electronic tag implanted in part of a body –

under regulations 8 and 9 , unless authorised to do so by the Head of Faculty.

Penalty:  Fine not exceeding 10 penalty units.

11.   Preparation for burial or cremation

(1)  As soon as practicable after the body of a deceased person is no longer required for anatomical examination, the Head of Faculty is to –

(a) place the marked body bag containing the body into a coffin; and

(b) seal the coffin.

(2)  The coffin is to be marked with the following details:

(a) the name of the deceased person;

(b) the unique identification number for the body of the deceased person;

(c) the name of the Faculty;

(d) the name of the prescribed business to which the coffin is being released.

12.   Burial or cremation authorised by Head of Faculty

(1)  If a request of a next of kin has not been made under section 20(1) of the Act and the body of a deceased person is no longer required for anatomical examination, the Head of Faculty is to release the body to a prescribed business for burial or cremation.

(2)  As soon as practicable after the burial or cremation of a body released under subregulation (1) , the prescribed business must notify the Head of Faculty in writing of –

(a) if the body was cremated –

(i) the date on which the cremation occurred; and

(ii) how the ashes may be collected; or

(b) if the body was buried –

(i) the date on which the burial occurred; and

(ii) the location of the burial site.

(3)  As soon as practicable after receiving notification under subregulation (2) , the Head of Faculty is to –

(a) enter the following particulars in the register:

(i) the date on which the body was released;

(ii) the name of the prescribed business to which the body was released;

(iii) the date of burial or cremation; and

(b) give written notification to the next of kin of the deceased person of –

(i) the burial or cremation of the deceased person; and

(ii) if the deceased person was cremated, how the next of kin may collect the ashes; and

(iii) if the deceased person was buried, the location of the burial site of the deceased person.

13.   Particulars of release of body to next of kin

For the purposes of section 20(6) of the Act, the following are the prescribed particulars that are to be entered in the register after the release of a body in accordance with the request of the next of kin:

(a) the date on which the body was released;

(b) the name of the prescribed business to which the body was released.

14.   Fee for application for authorisation to undertake anatomical examinations

[Regulation 14 Amended by S.R. 2019, No. 11, Applied:27 Mar 2019] For the purposes of section 9(2)(d) of the Act, the prescribed fee is 50 fee units.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 22 February 2017

These regulations are administered in the Department of Health and Human Services.