Access to coronial documents

Witnesses

Autopies

What is an autopsy?

An autopsy is a detailed medical examination of the body. During the autopsy, the deceased is treated with respect and great care is taken to preserve their dignity.

The coroner can request an external autopsy, partial internal autopsy or full internal autopsy. The coroner decides what type of autopsy is needed based on the circumstances of the case.

An external autopsy involves a visual examination of the body. X-rays may be taken and samples of blood and other fluids may also be taken for testing.

An internal autopsy involves an examination of the internal organs of the body. During a full internal examination, organs from the chest, abdomen and head are removed and examined. A partial internal autopsy involves an internal examination of particular organs or parts of the body only.

Samples of blood, fluids and tissue may be taken for testing and analysis. At the completion of the autopsy examination the organs will be returned to the body. However, sometimes it may be necessary for the doctor to retain whole organs or body parts such as the brain or heart for further detailed examination and tests.

A variety of tests may be performed including:

• Toxicology - samples of blood or urine are tested for poison, drugs, medication or alcohol
• Histology - small samples of tissue may be examined under the microscope for evidence of disease
• Microbiology - samples of tissue may be tested for infection.

It may take some time (up to several months) for the results of specialist testing to be known especially in complex cases. Once all test results have been received by the doctor or pathologist who did the autopsy they will prepare a detailed autopsy report for the coroner.

Who performs the autopsy?

The autopsy is conducted by a pathologist or government medical officer.

When is the autopsy performed?

To ensure that the body is released to the family as quickly as possible the autopsy is performed without unnecessary delay—usually the next day and almost always within three working days.

Why is an autopsy performed?

In most cases, the coroner will require an autopsy to be conducted to help find out how and why the person died. An internal autopsy can also provide the family with a detailed understanding of the cause of death including any underlying condition or disease that might be very helpful for family members to know about. Having an understanding of the various factors which contributed to the death can also help some people come to terms with the death.

It is also important to note that sometimes the medical cause of death cannot be determined unless an internal autopsy is conducted. In these cases, if an internal autopsy is not performed the Cause of Death Certificate will note the cause of death as ‘undetermined’.

Raising concerns about an internal autopsy

Before ordering an internal autopsy a coroner must consider any concerns that have been raised by a family member or other person with a sufficient interest. If you have concerns about an internal autopsy being performed, you need to notify the coroner as soon as possible and express your views. You can do this by advising the police or contacting the coroner’s office.

The coroner is required to listen to your concerns but the final decision about whether an internal autopsy is needed is made by the coroner. If the coroner decides that an internal autopsy is still necessary they must give you a copy of the autopsy order. You can apply to the Supreme Court for a review of the coroner’s decision. You may wish to seek legal advice about this issue.

Retaining organs and tissue after autopsy

Small tissue samples are often kept for further testing. In some cases it is necessary to retain whole organs or body parts such as the brain or heart for further testing and analysis. These organs are retained until the pathologist has conducted the necessary tests. In some very complex cases this can take several weeks.

If whole organs or body parts need to be retained the family will have an opportunity to express their views. The coroner must consider any family concerns and will allow the organs or body parts to be retained only if satisfied that it is really necessary for the investigation.

Counsellors from the Coronial Counselling Service will discuss arrangements for returning organs or body parts with the family. The family may decide to delay the funeral until the testing is complete or may decide to bury or cremate the organs at a later stage.

How can I get a copy of the autopsy report?

An autopsy report is a detailed report prepared by the doctor or pathologist for the coroner. The report is prepared after all of the test results have been received and it outlines the doctor’s conclusions about the medical cause of death.

Family members or other persons with a sufficient interest can request a copy of the autopsy report by writing to the coroner.

It can be upsetting for family members to read an autopsy report as it contains graphic descriptions and technical medical terminology. If you obtain a copy of the autopsy report it can you may wish to consider having your doctor go through it with you.

What happens to the personal property of the deceased?

Personal property found on the deceased will be returned to the family. In some cases, some items might need to be retained until the investigation is complete. Sometimes damaged or contaminated clothing may need to be destroyed. Any enquiries about the deceased’s property should be made to the investigating police officer

What about tissue donation?

Tissues such as heart valves, skin, bone and corneas (part of the eye) may be donated, depending on circumstances of the death. The possibility of tissue donation may be discussed with you by a coronial counsellor.

What about organ donation?

Organ donation can only take place in very special circumstances. The possibility of organ donation may be discussed with you by a member of staff at the hospital or a coronial counsellor.

How do I obtain access to samples that were taken during the autopsy for DNA testing to assist with a paternity test?

• If the coronial investigation is in progress, you should contact the coroner’s clerk at the relevant Magistrates Court for further information about how to access samples taken during the autopsy. If you are unsure which coroner is handling the investigation, please contact the Office of the State Coroner for further assistance.
• If the coronial investigation has been completed you must write a letter to the state coroner explaining why you are seeking access to the samples. You will receive a letter in due course advising whether your application has been approved. This letter should be kept as it may be required by Queensland Health Forensic and Scientific Services (formerly QHSS). If the application is approved you should contact an accredited paternity testing laboratory.

The laboratory that you select to perform the testing should liaise with Queensland Health Forensic and Scientific Services to organise the release of the samples to their laboratory for testing.

Please note: the Office of the State Coroner does not make enquiries to establish if the samples are still available and viable. The office is also unable to assist with the location of accredited laboratories.

I want to donate a/my body for medical research

Can sperm from a deceased person be retrieved for IVF treatment?

Doctors and coroners have no power to authorise removal of sperm from a deceased person. Please refer to the Removal of sperm from a deceased person for IVF factsheet provided by Queensland Health Pathology and Scientific Services.
 

Death certificates

How do I obtain a copy of the death certificate?

After the autopsy the doctor who performed the autopsy will send a form to the Registry of Births Deaths and Marriages showing the cause of death. Once this happens the death is officially registered. You can obtain a copy of the death certificate from the Registry of Births Deaths and Marriages or the funeral director can obtain a copy for you (the funeral director’s fees usually include the cost of the death certificate).

In some cases, the cause of death may not be able to be determined until further test results are known. In these cases, an interim death certificate is issued which is then updated once the doctor advises the Registry of Births Deaths and Marriages of the cause of death. The updated cause of death certificate can be obtained free of charge if you send the interim death certificate back to the Registry of Births Deaths and Marriages.

Funerals and costs

When can I organise the funeral?

The deceased person must be formally identified before they can be released to the family for the funeral. Usually this is done by visual identification. If this is not possible other options such as fingerprint, dental or DNA identification are used. It can take some time for the results of these tests to be known.

Once the autopsy has been performed and the doctor performing the autopsy is satisfied that it is not necessary to retain the body for any further examination or testing, the doctor will give a notice to the coroner (Form 3 – Doctor’s notice to coroner after autopsy) advising that the autopsy has been conducted and the body is no longer required for testing.

Once the coroner has received the notice and satisfied themselves that it is not necessary to retain the body any longer the coroner will order that the deceased can be released to the family for burial or cremation (Form 14 – Order for release of the body for burial or cremation). The coroner cannot order the release of the body until they have received the doctor’s notice. The body is released as quickly as possible and almost always within three days of the death occurring.

The body is normally released to the funeral director chosen by the family to conduct the funeral. The funeral director will complete the necessary forms asking the coroner to release the body for the funeral. The family decides which funeral director to use.

Which funeral director should I use?

 Police must use the services of the government contracted funeral director to transport the person who has died to a mortuary. However, there is no obligation on the family to use this funeral director to conduct the funeral.

Can I transport the deceased overseas?

If the deceased needs to be transported interstate or overseas, arrangements should be made with a funeral director. They will prepare the body and organise any required documentation.

I want to make a complaint about a government contracted funeral director

Complaints in relation to the conduct of, or services provided by, a government contracted funeral director should be directed to the Registrar, Office of the State Coroner. Your complaint will be investigated and you will be sent a response in due course.

What should I do if I can’t afford a funeral?

It is recommended that you contact more than one funeral director to obtain quotes for the funeral. If you feel uncomfortable doing this, ask a friend to do it for you as they are less likely to be as emotionally involved.

Generally, cremations are less expensive than burials because there is no need to purchase a plot of land at the cemetery. You may wish to have the cremation in the family’s absence and collect the ashes at a later date. This avoids the cost of a full crematorium service but doesn’t prevent the family organising their own private memorial service.

If, after obtaining quotes, you believe you are still unable to pay for the funeral, you may be eligible for burials assistance. Please refer to our burials assistance factsheet or contact your local magistrates court or the Office of the State Coroner for further guidance.

As a family member of a homicide victim, how do I apply for financial assistance, particularly in relation to funeral costs?

The families of homicide victims are eligible for financial assistance towards funeral costs. Please contact the Criminal Injury Compensation Unit the Queensland Homicide Victims’ Support Group or your local police station for further assistance.

Can I obtain burials assistance?

In some circumstances, the Department of Justice and Attorney-General may organise a simple burial or cremation for a deceased person whose assets cannot cover the cost of their funeral and whose relatives and friends cannot arrange or pay for their funeral.

An application for burials assistance can be made at the Office of the State Coroner or a local Magistrates Court. If the application is approved the government contracted funeral director will arrange the funeral.

The Department of Justice and Attorney-General is able to recover the costs of the funeral from the estate of the deceased. If you become aware of any available funds from the estate you must advise the department.

Please refer to our burials assistance factsheet.