New South Wales Consolidated Acts
[Search this Act]
CORONERS ACT 2009 - SECT 103A
Disrespectful behaviour in coronial proceedings
(1) Offence A person is guilty of an offence against this section if:
person is appearing in or being represented in coronial proceedings or has
been called to give evidence in coronial proceedings, and
(b) the person
intentionally engages in behaviour during those proceedings, and
behaviour is disrespectful to the coronial proceedings or the coroner or
assistant coroner presiding over the coronial proceedings (according to
established practice and convention for coronial proceedings).
penalty: 14 days imprisonment or 10 penalty units, or both.
(2) In this
"behaviour" means any act or failure to act.
(3) This section does not apply
to the following persons:
(a) an Australian legal practitioner appearing in
(b) a person assisting the coroner, but only when acting in
(4) Proceedings for offences Proceedings against a person for
an offence against this section are to be dealt with summarily before:
the person is a child--the Children's Court, or
(b) if the person is not a
child--the Local Court.
(5) Proceedings for an offence against this section
may be brought at any time within 12 months after the date of the alleged
(6) Proceedings for an offence against this section may be brought
only by a person or a member of a class of persons authorised, in writing, by
the Secretary of the Department of Justice for that purpose.
(7) A coroner
may refer any disrespectful behaviour in proceedings over which the coroner is
presiding to the Attorney General.
(8) An assistant coroner cannot refer a
matter to the Attorney General under this section, but may instead refer the
matter to a coroner.
(9) Proceedings for an offence against this section may
be commenced only with the authorisation of the Attorney General.
Authorisation may be given by the Attorney General whether or not the
disrespectful behaviour is referred to the Attorney General by a coroner under
(10) Evidence An official transcript or official audio or video
recording of the coronial proceedings is admissible in evidence in proceedings
for an offence against this section and is evidence of the matter included in
the transcript or audio or video recording.
(11) The coroner or assistant
coroner presiding over the coronial proceedings in which the alleged
disrespectful behaviour occurred cannot be required to give evidence in
proceedings before any court for an offence against this section.
Contempt and double jeopardy This section does not affect any power with
respect to contempt or the exercise of any such power.
(13) A person cannot
be prosecuted for an offence against this section and proceeded against for
contempt in respect of essentially the same behaviour. However, nothing in
this section prevents proceedings for contempt in respect of behaviour that
constitutes an offence against this section.
AustLII: Copyright Policy