Other forms of regulation

Coronial investigations

39.42 Each Australian State and Territory has legislation governing the powers and duties of the coroner. Generally, the coroner’s role is to investigate the circumstances surrounding ‘reportable deaths’^[51] by providing a written finding to establish the deceased’s identity; the circumstances surrounding the death; the cause of death; and the particulars needed to register the death.^[52]

39.43 For example, in New South Wales the coroner may order that a post-mortem examination be conducted on a deceased person who has died a reportable death.^[53]It may be necessary for the pathologist to retain tissue obtained during the autopsy for further testing and examination. In addition, a coroner’s order for a post-mortem examination is sufficient authority for the use of tissue removed from the deceased’s body for therapeutic, medical and scientific purposes.^[54]

Access to newborn screening cards

39.44 Chapter 19 of this Report discusses Australia’s various regulatory frameworks for collecting, storing, accessing and destroying newborn screening cards (often referred to as ‘Guthrie cards’),^[55] including access for law enforcement purposes.

39.45 Recommendation 19–1 provides that the Australian Health Ministers’ Advisory Council, in consultation with the state and territory Attorney-General’s Departments and police services, should develop nationally consistent rules governing disclosure, for law enforcement purposes, of newborn screening cards, pathology samples, banked tissue and other genetic samples.