Coroners Act 1962
F72[Post-mortem examinations.
33.—(1) Subject to section 33A(3), a coroner may, for the purposes of inquiring into the death of a person, direct a registered medical practitioner to make a post-mortem examination of the body of the deceased person.
(2) Where a registered medical practitioner makes a post-mortem examination of the body of a deceased person under this section, section 33A or 33C, he or she shall do so under the direction of the coroner.
(3) Where a coroner has directed a registered medical practitioner under this section, section 33A or 33C to make a post-mortem examination of the body of a deceased person, he or she shall ensure, in so far as practicable, that a family member of the deceased person is informed of the fact and is informed that material may be removed from the body and retained for the purposes of a post-mortem examination or an inquest in relation to the death of the person.
(4) Where, in the opinion of the coroner, the report of a post-mortem examination furnished to him or her under section 33E shows that an inquest in relation to the death is not necessary, it shall not be obligatory upon him or her to hold an inquest.
(5) Nothing in this section shall authorise a coroner to dispense with holding an inquest in relation to the death of a person in circumstances to which section 17 applies.]
Annotations
Amendments:
F72
Substituted (16.01.2020) by Coroners (Amendment) Act 2019 (29/2019), s. 21, S.I. No. 12 of 2020.
F73
Inserted Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024 (5/2024), s. 58(a), (b), (c), not commenced as of date of revision, subject to transitional provisions in s. 39.
Modifications (not altering text):
C20
Prospective affecting provision: subss. (2A), (2B), (2C), (2D), (3A), (3B), (3C), (3D), (6), (7) inserted by Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024 (5/2024), s. 58(a), (b), (c), not commenced as of date of revision, subject to transitional provisions in s. 39.
F73[(2A) A registered medical practitioner may, when carrying out a post mortem examination in accordance with subsection (1), be assisted (whether by way of technical or clinical assistance) in carrying out such examination by an appropriately qualified healthcare professional or other person who, in the opinion of the registered medical practitioner carrying out or supervising the examination, is sufficiently qualified or has the relevant training or experience to provide such assistance.
(2B) A registered medical practitioner may under a direction in subsection (1), for the purposes of the post-mortem examination, remove and retain for such period any material from the body, as appears to the registered medical practitioner to relate to the circumstances of the death, including the cause of death of the deceased person.
(2C) Where the post-mortem examination has been conducted in a hospital, any material removed from the body under a direction in subsection (1) shall be preserved, stored and recorded in accordance with regulations made in that regard by the Minister for Health under section 40 of the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024.
(2D) Where the post-mortem examination has been conducted in a relevant facility, any material removed from the body under a direction in subsection (1) shall be preserved, stored and recorded, in accordance with regulations made in that regard by the Minister under section 33I.]
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F73[(3A) In providing the information under subsection (3), a coroner shall notify or cause to be notified a family member of the deceased person, the subject of the information, that approval by the family member (in this Act referred to as an "authorisation") will be sought in respect of the final management of certain material of the deceased person.
(3B) Subsequent to the information being provided to a family member under subsection (3), the coroner shall further notify or cause to be notified the family member concerned that certain material has been retained for the purposes of the post-mortem examination.
(3C) Where at any time following a post-mortem examination, a coroner on foot of receipt of confirmation from a registered medical practitioner directed to make that examination is satisfied that retention of material from the body of the deceased is no longer necessary, or where the provisions of section 33(4) apply, he or she shall notify or cause to be notified a family member of the deceased person of that fact.
(3D) A notification under subsection (3C) shall inform the family member, the recipient of the notification of the following, namely:
(a) that the coroner has requested the designated person in the hospital or relevant facility where the post-mortem examination took place to contact the family member;
(b) the contact details of the designated person;
(c) that the designated person will request an authorisation from the family member for the final management of certain material retained following that examination;
(d) the authorisation for final management of material shall provide for—
(i) the return of material removed from the body where such return is consistent with guidelines, but shall not include tissue samples held on slides or blocks or trimmings or bodily fluids removed during the post-mortem examination,
(ii) the disposal of the material, by the designated person in a hospital or relevant facility, or
(iii) the use, by the hospital or relevant facility, of the material to further clinical teaching, medical education or research prior to ultimate disposal.]
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F73[(6) The Minister may prescribe the form of notification under this section.
(7) In this section, "technical or clinical assistance", in relation to the carrying out of a post-mortem examination, includes the removal by a person providing the assistance, of a part of a body from the deceased adult, child or foetus, the subject of the examination concerned.]