Family’s right to object to autopsy
Since 2003, families have been invited to participate in decisions about the autopsy to be performed on their loved one.
Investigating police officers should ask the family about their religious and cultural status and ask if they have any concerns about an autopsy when notifying the family about the death.
Families of deceased persons have a right to object to autopsies because of:
- their religious beliefs;
- cultural practices; or
- if it is against their wishes.
If the family raises any issues, the police should communicate these to the coroner before a decision regarding autopsy is made.
Cultural and religious issues
Objections are most frequently raised by those of Jewish and Muslim faiths and Indigenous cultures.
Indigenous culture
For Indigenous Australians, there is a relationship of custodianship over dead bodies which may lead to objections to autopsy. In some Aboriginal and Torres Strait Islander culture taking photographs, writing the name of the deceased or speaking their name is not allowed.
Our research found that Indigenous issues around death, grieving and the integrity of the body were less well understood by coronial professionals than religious beliefs. Contributing factors include:
- communication issues between the police and indigenous communities
- indigenous families not knowing they can object
- professionals not knowing there might be indigenous cultural proscriptions against autopsy.
When the deceased is an Aborigine or a Torres Strait Islander, the local Indigenous legal service or police liaison services may be contacted to arrange for a community member to accompany police to advise the next of kin. This can help the police understand any specific cultural requirements around the body, grieving practices and any concerns about the autopsy.
Coronial counsellors may also aid in communicating concerns to the coroner about autopsy and other related issues.
Maori culture also has traditional practices around death (e.g. that the entire body should be buried).
Examples of religious practices
People that follow the Jewish faith, and people following the faith of Islam, usually require burial to take place within 24 hours of death. These faiths also prohibit cutting of the body and removing body parts.
Jewish families may request that a rabbi is present during the autopsy.
Buddhist, Hindu and Taoist religions have similar restrictions on interference with bodies.
Coroner’s decision and objections
The coroner must state the type of autopsy examination to be carried out.
Before ordering an internal examination the coroner must consider:
- that in some cases a deceased person’s family may be distressed by the making of this type of order, for example, because of cultural traditions or spiritual beliefs;
- any concerns raised by a family member, or another person with a sufficient interest, in relation to the type of examination to be conducted during the autopsy.
(Coroner’s Act 2003, section 19)
In principle, “the least intrusive examination that will resolve the issues in doubt should be ordered” (State Coroner’s Guidelines 2013).
Recent decisions in similar jurisdictions (United Kingdom and New Zealand) have favoured using non-invasive procedures, such as MRI scans, as alternatives to full internal autopsies.
If the coroner decides it is still necessary to order an internal autopsy, a copy of the order must be given to the person who raised the concern.
The coroner has the final determination as to whether or not an internal autopsy will proceed and a family’s objection may be over-ruled.
The Act does not provide any mechanism for a concerned family member to challenge an order but the decision may be subject to review in the Supreme Court at the instigation of the relative pursuant to the Judicial Review Act 1990.
Further information
General
- An outline of different cultural beliefs at the time of death
- Australian Centre for Grief and Bereavement
Indigenous & Torres Strait Islands
- Creating cultural empathy and challenging attitudes through Indigenous narratives
- Aboriginal, Family and Community Counselling Services
- Insights on end of life ceremonial practices of Australian Aboriginal peoples
- Aboriginal philosophy and spirituality
- Working with aboriginal people and communities
- Aboriginal youth suicide: towards a model of explanation and alleviation
- Australian Indigenous Health Info Net
- Dulwich Centre
- Indigenous Trauma, Loss and Grief network, ANU
Islam
- Australian Muslim Women’s Association
- MentalHealth4Muslims
- Dealing with Grief in Islam
- The Australian Federation of Islamic Councils