New South Wales Consolidated Acts
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CORONERS ACT 2009
- As at 1 September 2022
- Act 41 of 2009
TABLE OF PROVISIONS
Long Title
CHAPTER 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. Objects of Act
4. Definitions
5. Meaning of "relative"
6. Meaning of "reportable death"
6A. Meaning of "senior next of kin"
CHAPTER 2 - CORONIAL OFFICERS
7. State Coroner and Deputy State Coroners
8. Acting State Coroner
9. Delegation by State Coroner
10. Functions of State Coroner and Deputy State Coroners
11. Information to be given to State Coroner
12. Coroners
13. Assistant coroners
14. Appointed coroners have full coronial jurisdiction and functions
15. Functions of assistant coroners
16. Magistrates have coronial functions by virtue of office
CHAPTER 3 - CORONIAL JURISDICTION
PART 3.1 - GENERAL
17. Coronial jurisdiction generally
18. Jurisdiction concerning death requires connection with the State
19. No jurisdiction concerning death or suspected death unless occurring within last 100 years
20. Jurisdiction does not depend on making of report
PART 3.2 - INQUESTS CONCERNING DEATHS
Division 1 - General jurisdiction to hold inquests
21. Inquests concerning deaths or suspected deaths
Division 2 - Exclusive jurisdiction of State Coroner and Deputy State Coroners
22. Division confers exclusive jurisdiction
23. Jurisdiction concerning deaths in custody or as a result of police operations
24. Jurisdiction concerning deaths of children and disabled persons
24A. Meaning of "person in the relevant group"
Division 3 - When inquest may be dispensed with
25. Coroner may dispense with inquest unless inquest required
26. Reasons to be given for dispensing with inquest
Division 4 - When inquest is required to be held
27. General circumstances in which inquest required to be held
28. Minister or State Coroner may direct that inquest be held
29. Direction to hold inquest where coroner has dispensed with inquest
PART 3.3 - INQUIRIES CONCERNING FIRES AND EXPLOSIONS
30. Inquiries concerning fires and explosions
31. Coroner may dispense with inquiry unless inquiry required
32. When inquiry is required to be held
PART 3.4 - OTHER PROVISIONS CONCERNING EXERCISE OF CORONIAL JURISDICTION
33. Coroners who are unavailable to exercise jurisdiction
34. Notice of particulars of death to be given to Registrar of Births, Deaths and Marriages
CHAPTER 4 - REPORTING OF DEATHS
35. Obligation to report death or suspected death
36. State Coroner to inform Ombudsman and others about certain child and disability deaths
37. State Coroner to report on deaths in custody
38. Medical practitioner must not certify cause of death if death is reportable
CHAPTER 5 - CORONIAL INVESTIGATION SCENES
39. Definitions
40. Order establishing coronial investigation scene
41. Establishment of coronial investigation scene
42. Exercise of powers at coronial investigation scene
43. Coronial investigation scene powers
44. Obstruction or hindrance of person executing coronial investigation scene order
45. Chapter does not limit other powers
CHAPTER 6 - CORONIAL PROCEEDINGS
PART 6.1 - GENERAL
46. Meaning of "coronial proceedings"
47. Hearings in coronial proceedings generally to be open to public
48. Coronial proceedings may be conducted with jury only if State Coroner directs
49. Case management directions by coroner
50. State Coroner may assume and give directions concerning exercise of jurisdiction
51. Directions concerning investigations
52. Practice notes and approval of forms
53. Power to obtain documents and things for purposes of coronial investigation
PART 6.2 - HOLDING INQUESTS AND INQUIRIES
54. Time and place of inquest or inquiry
55. Coroner may view deceased person's remains or scene of fire or explosion
56. Coroner's right to possession of deceased person's remains
PART 6.3 - REPRESENTATION AND EVIDENTIARY MATTERS
57. Representation in coronial proceedings
58. Rules of procedure and evidence
59. Witnesses may be required to give evidence on oath or affirmation
60. Persons granted leave may apply for witness to be examined
61. Privilege in respect of self-incrimination
62. Refusal of witness to be examined
63. Documentary evidence
64. Fresh inquest or inquiry--admission of previous depositions
65. Records of evidence
66. Subpoena for appearance or warrant for arrest of witness
67. Form of subpoena
68. Manner of service of subpoena
69. Arrest warrants for non-appearance in response to subpoena
70. Form of warrant
71. Arrest of witness under arrest warrant
72. Certain defects immaterial
PART 6.4 - DISCLOSURE OF INFORMATION
73. Meaning of "published"
74. Powers of coroner to clear court and prevent publication of evidence or submissions
75. Powers of coroner in relation to reports or proceedings concerning self-inflicted deaths
76. Publication of certain questions, warnings, objections, submissions and comments
77. Certain matters not prohibited or prevented
PART 6.5 - RESOLUTION OF CORONIAL PROCEEDINGS
78. Procedure at inquest or inquiry involving indictable offence
79. Procedure following suspension of inquest or inquiry
80. Procedure at inquest if finding that person did not die
81. Findings of coroner or jury verdict to be recorded
82. Coroner or jury may make recommendations
83. When fresh inquests and inquiries may be conducted
CHAPTER 7 - POWERS OF SUPREME COURT
84. Orders for inquests or inquiries
85. Orders for fresh inquests or inquiries
86. Notification of application
86A. Intervention by Minister in application
87. State Coroner to be served with orders
CHAPTER 8 - POST MORTEM INVESTIGATIVE PROCEDURES
PART 8.1 - INVESTIGATION DIRECTIONS, EXHUMATIONS AND RELATED MATTERS
88. Dignity of deceased person to be respected
88A. Preliminary examination of remains of deceased person
89. Coroner may give certain post mortem investigation directions
90. Retention and use of human tissue pursuant to direction
91. Warrant for exhumation of deceased's remains
92. Coronial Medical Officers
93. Remuneration of medical practitioners and other persons
94. Protection for persons acting under coroner's direction
PART 8.2 - OBJECTIONS TO EXERCISE OF POST MORTEM INVESTIGATIVE FUNCTIONS
95. Meaning of "relevant post mortem investigative function"
96. Objections by senior next of kin to exercise of relevant post mortem investigative functions
97. Applications to Supreme Court by senior next of kin
98. Senior next of kin may authorise another person to exercise functions
99. Objection to exercise of relevant post mortem investigative functions by other persons
CHAPTER 9 - DISPOSAL OF HUMAN REMAINS
100. Unauthorised disposal of human remains
101. Order authorising disposal of human remains
CHAPTER 9A - DOMESTIC VIOLENCE DEATH REVIEW TEAM
PART 9A.1 - PRELIMINARY
101A. Object of Chapter
101B. Interpretation
101C. (Repealed)
PART 9A.2 - CONSTITUTION AND PROCEDURE OF THE TEAM
101D. Establishment of Team
101E. Members of Team
PART 9A.3 - FUNCTIONS OF THE TEAM
Division 1 - General functions
101F. Functions of Team
101G. Matters to be considered in reviews
101H. Referral of cases for review to Team
101I. Appointment of expert advisers
Division 2 - Reports by Team
101J. Reports
101K. Reporting to Parliament
PART 9A.4 - ACCESS TO AND CONFIDENTIALITY OF INFORMATION
101L. Duty of persons to assist Team
101M. Confidentiality of information
PART 9A.5 - MISCELLANEOUS
101N. Execution of documents
101O. Protection from liability
101P. Review of Chapter
CHAPTER 10 - MISCELLANEOUS
102. Assistance to and from coroners in other jurisdictions
102A. Sharing of information with coronial database
103. Contempt
103A. Disrespectful behaviour in coronial proceedings
104. Regulations
105. Service or giving of documents
106. Nature of proceedings for offences
107. Offences by corporations
108. (Repealed)
109. Review of Act
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
Schedule 4 (Repealed)
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