Medical Act Amendment Act 1969 (Qld)

5 Qlljeeilshm^ ANNO OCTODECIMO ELIZABETHAE SECUNDAE REGINAE No. 3 of 1969 An Act to Amend the Medical Act 1939-1968 in certain particulars [ASSENTED TO 19TH SEPTEMBER, 1969] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same , as follows:- 1. (1) Short title . This Act may be cited as the Medical Act Amendment Act 1969. (2) Principal Act. The Medical Act of 1939 as subsequently amended is in this Act called the Principal Act. (3) Collective title . The Principal Act as amended by this Act may be cited as the Medical Act1939-1969. 2. Amendment to s. 47. Section 47 of the Principal Act is amended by, in subsection (1); adding the following paragraph:- " This subsection does not apply in respect of anything said or done by a person authorized to practise medicine or any branch thereof under a law of any other State or a Territory of the Commonwealth, for the purpose of his giving to another person medical aid which is reasonable having regard to that other person's condition at the time and to all the circumstances of the case.".

6 Medical Act Amendment Act 1969, No. 3 3. New Part VIII. The Principal Act is amended by inserting after section 50 the following heading and section:- " PART VIII-REGULATED PRACTICES 51. Maker of medical certificate to be identifiable . A medical practitioner shall not issue a certificate in relation to any person as to his state of health, the extent of his injuries, his capacity to perform any act, or otherwise touching upon the diagnosis or prognosis of his condition unless the certificate bears in legible characters the name and address of the medical practitioner. The tact that such a certificate issued by a medical practitioner is not in accordance with this section shall not affect the validity of the certificate.". 4. Amendment to s. 54 . Section 54 of the Principal Act is amended by adding the words or, save where it is otherwise expressly provided, to prejudice the operation of the provisions of any other Act.". 5. Amendment to s. 55 . Section 55 of the Principal Act is amended by- (a) numbering the existing provisions as subsection (1); (b) adding the following subsection:- " (2) The person in charge of a school of anatomy established under authority granted under this Act shall, upon receipt at the school of each body removed to the school for anatomical examination, notify the Registrar-General thereof in writing and shall specify therein the sex and, as far as is known, the name and age of the person whose body is the subject of the notification." 6. Repeal of and new s. 56. The Principal Act is amended by omitting section 56 and inserting in its stead the following section:- " 56. Licences to practise anatomy. (1) Upon application to the Director-General by- (a) a graduate or licentiate in medicine or surgery; (b) a medical practitioner; or (c) a legally qualified professor or teacher of anatomy, medicine, surgery, or dentistry, the Governor in Council may, on the recommendation of the Director-General, grant to the applicant a licence to practise anatomy in a school of anatomy established under authority granted under this Act on such conditions, for such period, and subject to revocation in such manner, as may be specified in the licence.". 7. Amendment to s. 57. Section 57 of the Principal Act is amended by omitting subsection (3). 8. Repeal of and new s. 58. The Principal Act is amended by repealing section 58 and inserting in its stead the following section:- "58. Power of custodian of body to permit post-mortem or anatomical examination . (1) Subject to section 59A of this Act a person who has lawful possession of a body otherwise than as an undertaker or other person entrusted with the body

Medical Act Amendment Act 1969, No. 3 7 for the purpose only of interment, cremation , or other disposal thereof may permit the performance of a post-mortem examination or an anatomical examination upon the body but only if he has first obtained- (a) within seventy -two hours after the time of death of the deceased person in question , the consent of the nearest surviving relative of the deceased person; or (b) if the case permits it , the consent prescribed by subsection (2) of this section. (2) Where the medical superintendent of a hospital wherein is a body or , if there is no medical superintendent or the body is not in a hospital , the Director- General is satisfied that after proper inquiry made it appears that there is no nearest surviving relative of the deceased person in question he may consent to the performance of a post-mortem examination or an anatomical examination upon the body. The medical superintendent or the Director - General shall not incur any liability on account of his consent to an examination of a body given in accordance with this subsection. (3) For the purposes of this section the consent of the nearest surviving relative of a deceased person shall be that consent which is obtained and is sufficient in accordance with the provisions of this subsection. The nearest surviving relative of a deceased person shall be any member of one of the following classes of persons who is so situated and circumstanced that it is practicable to obtain from him the consent prescribed by subparagraph ( a) of subsection (1) of this section within the prescribed period- Firstly : the spouse of the deceased person; Secondly : a parent or child ( born in lawful wedlock or otherwise ) of the deceased person; Thirdly: the next-of-kin within the meaning assigned to that expression in relation to an intestate by the SuccessionAct of 1867 as amended to the relevant date, other than a spouse , parent or child of the deceased person. The consent shall be sought from the nearest surviving relative of a deceased person in the order of priority in which the aforesaid classes are set forth in this subsection. Should any member of the aforesaid classes object to or refuse to consent to the performance of the examination for which consent is sought , a consent obtained from any other member of that class or of a class later in such order of priority shall not be a sufficient consent to the performance of such examination. A person who is acknowledged by general repute at the death of the deceased person to be a member of any of the aforesaid classes shall be deemed to be a member of that class without further inquiry. (4) For the purposes of this section the medical superintendent of a hospital , a person in charge of a hospital of which there is no medical superintendent , a person in charge of a mortuary or morgue , an executor of the will of the deceased person in question, and any other person who for the time being has a body in his custody shall be taken to have possession of the body.".

8 Medical Act Amendment Act 1969, No. 3 9. Repeat of and new s. 59. The Principal Act is amended by repealing section 59 and inserting in its stead the following section:- " 59. Duty of custodian of body to direct or permit anatomical examination . (1) If, before the interment, cremation, or other disposal of a body, the person who has lawful possession of the body is aware that the person whose body it was has, by writing attested by two witnesses at the least,- (a) directed that the body should be anatomically examined; or (b) nominated a person, authorized by licence granted under section 56 of this Act to practise anatomy, to perform an anatomical examination on the body, and does not reasonably believe that such writing has been cancelled, revoked, or destroyed with intent to render it inoperative he shall- (c) in the case referred to in provision (a) aforesaid. direct and permit an anatomical examination to be performed upon the body; (d) in the case referred to in provision (b) aforesaid, request and permit the person nominated to perform an anatomical examination upon the body, save, in either case, where the nearest surviving relative informs him that such relative does not desire the examination to be performed. (2) For the purposes of this section the nearest surviving relative of a deceased person shall be any person, being a member of the classes of persons set forth firstly and secondly in subsection (3) of section 58 of this Act, whose consent, if duly obtained, would be a sufficient consent for the purposes of that section.". 10. New s. 59A. The Principal Act is amended by inserting after section 59 the following section:- " 59A. Conditions of performance of post - mortem or anatomical examination . (1) A post-mortem examination or an anatomical examination shall not be performed upon L. body in any case (a) where the Director-General has forbidden its performance; (b) where the person who has possession of the body or the person who is to perform the examination reasonably believes that the person whose body it was had directed that his body should not be submitted to either a post-mortem examination or an anatomical examination and had not withdrawn such direction as at the time of his death; (c) unless the appropriate consent has first been obtained as prescribed by subsection (1) of section 58 of this Act. (2) Where a post-mortem examination is to be performed upon a body which is in any part of a hospital in the charge of a medical superintendent or an anatomical examination is to be performed upon such a body elsewhere than in a school of anatomy established under authority granted under this Act, the examination

Medical Act Amendment Act 1969, No. 3 9 shall be performed in the mortuary of the hospital by a medical practitioner or a person deemed to be a medical practitioner for the purpose of service as a resident medical officer at that hospital and, if it is to be performed by the latter, shall be performed only with the approval of the medical superintendent first had and obtained. (3) Where a post-mortem examination is to be performed upon a body which is in premises other than a hospital in the charge of a medical superintendent or an anatomical examination is to be performed upon such a body elsewhere than in such a school of anatomy, the examination shall be performed by a medical practitioner in a place approved by the Director-General, which approval may be general with respect to specified premises or particular to meet a particular case.". 11. Repeal of and new s. 60. The Principal Act is amended by repealing section 60 and inserting in its stead the following section:- "60. Conditions of removal of body to anatomy school. A body of a deceased person shall not be removed from the place where such person died for the purpose of an anatomical examination at a school of anatomy established under authority granted under this Act unless, prior to such removal- (a) notice of the intention to so remove the body has been given or sent to the nearest inspector appointed under section 57 of this Act or, if there is no such inspector stationed within ten miles from such place of death, to the nearest Stipendiary Magistrate or clerk of Magistrates Courts; and (b) a certificate has been signed by the medical practitioner who attended the deceased person in his last illness or, if there is no such medical practitioner, by a medical practitioner (other than one concerned in examining the body anatomically) who has viewed the body, stating the signatory's opinion as to the cause of death to the best of his knowledge and belief.". 12. Repeat of and new s. 61. The Principal Act is amended by repealing section 61 and inserting in its stead the following section:- " 61. Persons authorized to receive bodies for, and to perform anatomical examination . (1) A person who is authorized by licence granted under section 56 of this Act to practice anatomy may, at a school of anatomy established under authority granted under this Act, receive or have in his possession for the purpose of anatomical examination, and examine anatomically the body of any deceased person but only if- (a) the examination is directed or permitted by a person who at the relevant time had lawful possession of the body and was authorized by this Act to cause or permit the body to be so examined; and (b) there is delivered to the school of anatomy, with the body, a certificate duly made as prescribed by section 60 of this Act.

10 Medical Act Amendment Act 1969, No. 3 (2) A student of anatomy in such a school may perform an anatomical examination upon the body of a deceased person notwithstanding that he is not authorized by such a licence to practise anatomy if the examination- (a) is performed- (i) at the school; (ii) in the course of his tuition therein in anatomy; (iii) under the supervision of a person who is authorized by such a licence to practise anatomy; and (b) would have been authorized by this Act had it been performed by a person authorized by such a licence to practise anatomy.". 13. Repeal of and new s. 62. The Principal Act is amended by repealing section 62 and inserting in its stead the following section:- " 62. Duties of person in charge of school of anatomy in relation to receipt of bodies . A person who is in charge of a school of anatomy established under authority granted under this Act whereat is received a body for the purpose of anatomical examination shall- (a) cause a certificate duly made as prescribed by section 60 of this Act to be demanded and received with the body; (b) cause notice in writing to be sent within twenty-four hours after such reception to the nearest inspector appointed under section 57 of this Act wherein shall be specified- (i) the date and hour when the body was received at the school; (ii) the person from whom the body was received; (iii) the date and place of death of the person whose body was received; (iv) the sex and, as far as he knows at the time of sending the notice, the christian name and surname, age, and last place of abode of the person whose body was received; (c) cause to be entered in a book kept for the purpose the particulars referred to in subparagraph (b) of this section, and a copy of the certificate received at the school with the body. A person who has custody of such book shall produce the same for inspection whenever he is required so to do by an inspector appointed under section 57 of this Act.". 14. Repeal of and new s. 63. The Principal Act is amended by repealing section 63 and inserting in its stead the following section:- " 63. Removal for examination and interment of remains to be properly performed . (1) A person shall not remove a body to a school of anatomy established under authority granted under this Act unless- (a) the body has been placed in a decent coffin or shell prior to its removal; and (b) the body is removed in that coffin or, as the case may be, shell.

Medical Act Amendment Act 1969, No. 3 11 (2) When submission of a body to post-mortem or anatomical examination has been completed the body shall be decorously disposed of by way of interment in consecrated ground or in a public burial ground in use by adherents of the religious persuasion to which the person whose body it was belonged, or by way of cremation, or otherwise as the Director-General approves. The mode of disposal of such a body shall, where practicable, be in accordance with the preference (if known) of the person whose body it was or, if such be not known, in accordance with the views commonly accepted by adherents of the religious persuasion to which that person belonged. (3) A body received at a school of anatomy established under the authority granted under this Act shall be disposed of as prescribed by subsection (2) of this section within two years after the date of its reception at the school or within such other time as the Governor in Council from time to time appoints by notification published in the Gazette and the person in charge of the school at the time of the disposal shall cause his certificate of such disposal and the date thereof to be sent to the nearest inspector appointed under section 57 of this Act.". 15. Repeal of and new s. 64. The Principal Act is amended by repealing section 64 and inserting in its stead the following section:- " 64. Post- mortem and anatomical examination in authorized places only . A person shall not- (a) perform a post-mortem examination or an anatomical examination upon a body; (b) receive or be in possession of a body for the purpose of such an examination, except at a place authorized by or under this Act for that purpose.". 16. Repeal of and new s . 65. The Principal Act is amended by repealing section 65 and inserting in its stead the following section:- " 65. Examination to be performed decorously . A person who performs a post-mortem examination or an anatomical examination upon a body shall do so in a quiet, orderly and decent manner.". 17. Repeal of and new s . 67. The Principal Act is amended by repealing section 67 and inserting in its stead the following section:- " 67. Liability on account of examination , etc., restricted. Subject to this section, a person shall not incur liability arising out of a charge or claim based upon the removal, reception, or possession of a body for the purpose of a post-mortem examination or an anatomical examination or upon the performance of such an examination upon a body if the removal, reception, possession, or, as the case may be, examination is in accordance with the provisions of this Part.

12 Medical Act Amendment Act 1969, No. 3 This section shall not operate so as to exclude civil liability arising out of a claim for nuisance or a claim for damages in relation to a death or for personal injury on account of something done or omitted in the course of such removal, reception, possession, or examination.". 18. Repeal of and new s. 70A. The Principal Act is amended by repealing section 70A and inserting in its stead the following section:- "70A. Removal of organs of deceased persons. (1) The Governor in Council may by Order in Council declare any part of the human body to be a prescribed organ under this section. In this section the expression " prescribed organ " means any part of the human body so declared to be a prescribed organ. (2) A person who has lawful possession of a body of any person who has directed or requested- (a) in writing at any time; or (b) orally during his last illness in the presence of two witnesses at the least, that any part of his body, being a prescribed organ, be used for therapeutic purposes after his death may, subject to subsection (4) of this section, authorize the removal from the body of such prescribed organ or organs for use for such purposes unless he has reason to believe that the direction or request has been withdrawn by that person. (3) Without prejudice to the provisions of subsection (2) of this section, a person who has lawful possession of a body otherwise than as an undertaker or other person entrusted with the body for the purpose only of interment, cremation, or other disposal thereof may, subject to subsection (4) of this section, authorize the removal from the body for therapeutic purposes of any part thereof, being a prescribed organ, but only if he has first obtained the consent of the nearest surviving relative of the deceased person. The provisions of the preceding paragraph of this subsection do not extend to a person in lawful possession of a body who has reason to believe that the person whose body it is had expressed an objection to his body generally or to the part thereof in question being so dealt with after his death and had not withdrawn such objection. For the purposes of this subsection the expression " the consent of the nearest surviving relative of a deceased person " shall have the same meaning as is prescribed for that expression by subsection (3) of section 58 of this Act the provisions whereof, other than the reference therein to a prescribed period shall, with all necessary adaptations, apply accordingly. (4) An authorization referred to in subsection (2) or (3) of this section shall not be given, and if given shall be of no effect, where the person having lawful possession of the body knows or reasonably suspects that the circumstances of the death of the person whose body it is are such that a coroner, being informed thereof, would have jurisdiction to inquire pursuant to section 7

Medical Act Amendment Act 1969, No. 3 13 of The Coroners Acts, 1958 to 1967 unless the consent (provisional or otherwise ) of the coroner for the Magistrates Courts District wherein the deceased died or , where that is not apparent, wherein the body is found is first obtained. (5) Application to the coroner for his consent may be made at any time before or after the death of the person in question but where application is made before the death of such person his consent ( if any ) to the giving of such an authorization shall be provisional upon the certification by two medical practitioners, other than one concerned with the removal in question of the prescribed organ or organs , that the life of that person is extinct before such removal is effected. As soon as practicable after he is informed of the death of the person in question , a coroner who has granted his provisional consent to the giving of such an authorization shall, in writing to the person who sought his provisional consent , confirm the fact of his consent whether or not the removal of the prescribed organ or organs of the person in question has been effected in the meantime. (6) A coroner may subject his consent ( provisional or otherwise ) to such conditions as he thinks fit and , if he does so, every person who removes any prescribed organ or any part thereof from the body in question shall be deemed to do so without authority given under this section unless he complies in all respects with those conditions. (7) An authorization duly given under this section shall be sufficient authority for a medical practitioner who is satisfied, upon his own examination of the body in question , that life in that body is extinct and who is in possession of two certificates to that effect , each made by a medical practitioner other than one concerned with the removal in question , to remove from that body for therapeutic purposes the prescribed organ or organs or any part thereof for the removal whereof the authorization is given. (8) A report in writing on the condition of the prescribed organ or organs or part removed under the authority of an authorization which , under this section , requires the consent of a coroner to be effective shall be furnished to the coroner concerned and to the Director of the Institute of Forensic Pathology at Brisbane- (a) by the medical practitioner who effected the removal; or (b) where there is a group of medical practitioners concerned in the removal, by one of the group designated by the leader of the group before the removal is effected or, failing such a designation , by the leader of the group himself. (9) A person who, as prescribed in subsection (4) of section 58 of this Act, is to be taken to be in possession of a body for the purposes of that section shall be taken to be in possession of the body for the purposes of this section. The person who may give an authorization under this section in respect of a body lying in a hospital in the charge of a medical superintendent shall be the medical superintendent or a medical practitioner authorized in writing generally in that behalf by him.".

14 Medical Act Amendment Act 1969, No. 3 19. Negation of liability in respect of past examinations . A person whose status at the time he performed a post-mortem examination or an anatomical examination upon a body prior to the date of commencement of this Act was such that he would be authorized by the Principal Act as amended by this Act to perform the examination at the place of its performance shall not be liable therefor, either criminally or civilly, by reason only of the fact that the performance of the examination was not in accordance with the Principal Act.