Law and practice in relation to coronial post mortems--a social perspective

The coronial post mortem, might be described as a coercive process because it takes place by force of law and, subject to the safeguards which the law now recognizes, irrespective of the wishes of the family of the deceased or, indeed, any wishes expressed by the deceased in his or her lifetime. That process should therefore be considered in the context of the competing social and consequent legal imperatives that impact upon the decision to undertake an autopsy, the means by which it is undertaken and the extent of the process. The purpose of this paper is to examine those social imperatives, the legislative framework and case law including recent legislative reforms designed to meet these social imperatives, some of which have been recognised only in recent times. Recent developments in law and practice have had a significant impact on the social issues involved. Important scientific research has now been undertaken that demonstrates the value of radiological techniques particularly CAT scans and MRIs as a means of avoiding some of the social difficulties involved in the process and, at the same time, proving valuable forensic tools in many cases. The role of such processes will be discussed. References to legislation are references to the statutes of New South Wales unless otherwise stated.