Anatomy Act 1901 (NSW)

Act No. 9, 1901.

An Act to consolidate the enactments relating

to Anatomy. [3rd October, 1901.]

BE t he advice and consent of the Legis la t ive Council and Legislat ive

it enacted by the K i n g ' s Most Exce l l en t Majesty , by and wi th

Assembly of	N e w South AVales in P a r l i a m e n t	assembled, and by the
au tho r i t y of	t he same, as follows :—•

P A R T I .

Preliminary.

1. This A c t may be cited as the " A n a t o m y Act , 1 9 0 1 , " and is

divided in to Pa r t s , as follows :—

PA11T I .—Pre l im inary , ss. 1-4.

P A R T II .—Schools and practice of Anatomy, ss. 5 -17 .

P A R T I I I . — L e g a l procedure, rules and regulations, ss. 1 8 - 2 3 .

2. (1) The Ac t forty-four Victoria n u m b e r twenty-f ive is

hereby repealed.

(2) Al l persons appointed unde r t h e A c t hereby repealed and

hold ing office a t t he t ime of t he passing of th is Ac t shall be deemed to

have been appoin ted herFunder .

(3) Al l rules , regulat ions , and orders made unde r t he au thor i ty

of the A c t hereby repealed and being in force a t the t ime of t he passing of this Ac t shall be deemed to have been made under the au thor i ty of

this Ac t .

(4) Al l schools of ana tomy established unde r the A c t hereby

repealed shall be deemed to have been established u n d e r th is Ac t .

(5) Al l licenses g ran ted unde r t h e Act he reby repealed and

be ing in force a t the t ime of t h e pass ing of th is Act , shall be deemed

4. N o t h i n g in this Ac t conta ined shall be construed to prohibi t any post mortem examina t ion of a n y body requi red or directed to be made by any competen t legal au thor i ty . P A R T

to have been gran ted unde r this Ac t .

3. I n th is Act , unless t he con tex t or subjec t -mat te r otherwise

indicates or requi res ,—

" a n a t o m y " means a n a t o m y of t he h u m a n body only ;

" b o d y " means dead h u m a n b o d y ;

" legally qualified medical pract i t ioner " means any person duly

registered unde r the provisions of t h e Acts in force for t h e

t ime be ing for t h a t purpose .

P A R T I I .

Schools and practice of anatomy.

5. The Governor m a y author ise t he es tab l i shment of schools of a n a t o m y where t he s tudy and prac t ice of a n a t o m y may be carried on in connect ion wi th any Unive r s i ty or School of Medicine , in such places a n d upon such condit ions as he th inks fit, and m a y at any

t i m e revoke such au thor i ty .

6. U p o n appl ica t ion for the purpose m a d e b y —

(a) any g radua te or l icent ia te in medic ine or surgery ; or

(b) any legally qualified medical prac t i t ioner ; or

(c) any medical pract i t ioner in New South Wales ; or

(d)	any legally qualified professor, or teacher of anatomy, medi­
cine, or s u r g e r y ; or
(e)	a n y s tuden t a t t end ing any such school of ana tomy,

t he Governor m a y g ran t such appl icant a l icense to pract ise ana tomy in any such school of ana tomy, on such condit ions, for such period, a n d subject to revocation in such m a n n e r as may be there in expressed : Provided t h a t every such appl icat ion shall be counters igned by two jus t ices of t he peace, cer t i fying t h a t to the i r knowledge or belief such app l ican t is a person fit to be so licensed.

7. T h e Governor may appoin t inspectors of schools of ana tomy ,

and may direct w h a t schools every such inspector shall super in tend,

and in w h a t m a n n e r he shal l t r ansac t t he duties of his office.

8. Eve ry such inspector m a y visit and inspect at any t ime any school of a n a t o m y of which be is appoin ted inspector.

9. Eve ry such inspector shall m a k e a qua r t e r ly r e t u r n to t he

Reg i s t r a r -Genera l of every bodv t h a t has been removed for ana tomica l examina t ion to any such school of ana tomy, d i s t inguish ing the sex and, as far as is known, the n a m e and age of each person whose body was so removed.

10. A n y executor or o ther person h a v i n g lawful possession of

t h e body of any deceased person, a n d not be ing an u n d e r t a k e r or o ther

person en t rus ted wi th t he body for t he purpose only of i n t e rmen t , m a y pe rmi t t he body of such deceased person to undergo ana tomica l examina t ion , unless , to t h e knowledge of such executor or other person, such deceased person expressed his desire, e i ther in wr i t ing a t any t i m e d u r i n g his life, or verbal ly in t he presence of two or more witnesses d u r i n g the illness whereof he died, t h a t his body after dea th m i g h t no t unde rgo such examinat ion , or unless t he surv iv ing h u s b a n d or wife or any k n o w n relat ive of the deceased person requi res t h e body to

be in ter red w i t h o u t such examina t ion .

11. I f any person directs, in wr i t ing at tes ted by two or more
witnesses, t h a t his body be examined ana tomica l ly , or nomina tes any

person by th is A c t author ised to examine bodies ana tomica l ly to

m a k e

m a k e suclh examina t ion , and if, before t he bur ia l of t he body of such person, such direct ion or nomina t ion becomes k n o w n to t he person hav ing legal possession of t he body then such las t -ment ioned person shall, in t h e one case, direct such examina t ion to be made , or in t he o ther case, shall reques t and pe rmi t the person nomina ted as aforesaid to m a k e such examina t ion unless the surviv ing husband or wife or one or more of the neares t known relatives of the deceased person requires the

body to be in te r red w i thou t such examinat ion .

12. (1) I n no case shall t he body of any person be removed for
ana tomica l examina t ion from the place where such person died unt i l

after twelve hour s from t h e t ime of such person's decease, and unless—

(a)	notice of such intended removal has been given, six hours at least before such removal , to t h e inspectors of the district , or, if no such inspector has been appointed, or no such inspector resides wi th in t en miles of t h e place of dea th , t hen to the legally qualified medical pract i t ioner or police mag i s t r a t e
neares t to t he place of d e a t h ; and
(b)	a certificate, s ta t ing in Avhat m a n n e r such person came by his dea th , has previously to t he remova l of t he body been signed by the legal ly qualified medical pract i t ioner who a t tended such person dur ing the illness whereof he died, or if no such pract i t ioner so a t t ended such person then by some suclh pract i ­ t ioner, no t concerned in examin ing the body anatomica l ly , or some s t ipendiary magis t ra te , who shall be called in after the death of such person to view his body, and who shall s tate t he m a n n e r or cause of dea th according to t h e best of his knowledge and belief.

(2) I n every case of such removal such certificate shall be

delivered, toge ther w i th t he body, to t he person receiving the body for

anatomical examinat ion .

13. A n y legal ly qualified medical pract i t ioner , or any professor,

teacher , or s tuden t of ana tomy, medicine, or surgery, hav ing a license

from the Governor, m a y receive or possess for ana tomica l examina t ion , or examine ana tomica l ly any body, if pe rmi t t ed or directed so to do by	a person who, a t t he t ime of giving such permission or direction, had
lawful possession of t he body, and h a d power in p u r s u a n c e of the provisions of this Ac t to permi t or cause the body to be so examined, and if such person delivers wi th t he body such certificate as aforesaid.

14.    Eve ry person so receiving a body for ana tomica l examina t ion

sha l l—

(a)	demand and receive together with the body a certificate as aforesaid; and
(b)	wi th in tAventy-four hours after he receives the body t r ansmi t to t he inspector of t he district in which he receives t he body such certificate, and also a r e t u r n s ta t ing at what day and hour and

from

from w h o m t h e body was received, t h e date and place of dea th ,

t he sex, and, as far as is k n o w n a t the t ime , t he chr i s t i an name and s u r n a m e , age, and last place of abode of t he person whose body is so received; or, if no such inspector has been appointed, to t he legally qualified medical pract i t ioner or s t ipendiary magis t ra te residing neares t to the place a t which the body is

rece ived; a n d

(c)	en ter or cause to be en te red t he aforesaid par t iculars re la t ing to such body, and a copy of t he certificate he received there ­ wi th , in a book to be kep t by h i m for t ha t purpose ; and
(d)	produce such book whenever required so to do by any inspector
unde r th is Act .

15. E v e r y such body removed for the purpose of examina t ion
shall , before such removal , be placed in a decent coffin or shell , and be

removed the re in , and the person removing the same or caus ing the

same to be removed shall m a k e provision	t h a t —
(a)	such body, after unde rgo ing ana tomica l examina t ion , shal l be decent ly in te r red in consecrated ground, or in some publ ic bur ia l g round in use for persons of t h a t religious persuas ion to which t h e person whose body was so removed belonged ; and
(b)	a certificate of t he i n t e r m e n t of such body shal l be t r ansmi t t ed

to t he inspector of t h e dis t r ic t wi th in six weeks after the day on which such body was received, or wi th in such other t ime as t h e Governor, by notice in t he Gazet te , may appoint .

16. N o person shall receive or possess for ana tomica l examina­
tion, or examine ana tomica l ly any body, except a t such places as are

author ised for t h a t purpose , as provided for in the fifth section hereof.

17. E v e r y person who practises a n a t o m y shal l do so in such a

way as to avoid unnecessary mut i l a t ion of any body he examines anatomical ly , and shall conduct every ana tomica l examina t ion in an

orderly, quiet , and decent manne r . PA11T I I I .

Legal procedure, rules and regulations.

18. A n y person offending against any provision of th is A c t shall be deemed gui l ty of a misdemeanour , and shall be l iable to impr i sonment for a t e r m not exceeding th ree mon ths , or to a fine n o t exceeding fifty pounds , and m a y be deprived of his license.

19. N o person hav ing a l icense unde r th is A c t shal l be l iable

to any prosecution, pena l ty , forfeiture, or p u n i s h m e n t for receiving or

hav ing

hav ing in his possession for ana tomica l examinat ion , or for examin ing ana tomica l ly any body, if t h e possession of such body be in accordance wi th t he provisions of th i s Act .

20. (1) A n y act ion or suit for a n y t h i n g done in pursuance of th is Ac t shall be commenced wi th in six m o n t h s after t h e cause thereof accrued.

( 2 ) The defendant in every such action or suit m a y plead

the genera l issue and give t he special m a t t e r in evidence.

21. (1) I n all cases in which no provision or no sufficient provision is, in t he opinion of t he Governor , made by th is Act , t h e Governor m a y m a k e and prescribe all such regula t ions and orders, ei ther general or applicable to par t i cu la r cases only, as he t h i n k s fit, and may impose a pena l ty not exceeding five pounds for any breach thereof.

(2) Al l such regula t ions and orders shall be publ ished in the

Gazette , and being so publ i shed shall have t h e force of law.

22. The governing authori t ies of any author ised school of ana tomy may , w i th the approval of the Governor, m a k e rules for enabl ing the s tudy and pract ice of a n a t o m y to be proper ly carr ied out and discipline to be properly main ta ined a t such school, and m a y impose a pena l ty no t exceeding five pounds for any breach thereof.

Al l such rules shall fix a da te on which t hey shall come in to force, and upon the da te so fixed and after the i r publ icat ion in t he Gazet te t hey shall be in force in t he school to which they re la te .
23. Penal t ies author ised by the last two preceding sections
may be recovered in a s u m m a r y m a n n e r before any two jus t ices of

t he peace in accordance wi th t he Acts in force for the t ime being

regu la t ing s u m m a r y proceedings before just ices .