New South Wales Consolidated Acts

CORONERS ACT 2009 - SECT 43

43 Coronial investigation scene powers

(cf Coroners Act 1980 , s 23G)

(1) A police officer or other person may, in accordance with this Chapter and a coronial investigation scene order, exercise the following functions at, or in relation to, a coronial investigation scene--

(a) direct a person to leave the coronial investigation scene or remove a vehicle, vessel or aircraft from the coronial investigation scene,

(b) remove from the coronial investigation scene a person who fails to comply with a direction to leave the coronial investigation scene or a vehicle, vessel or aircraft a person fails to remove from the coronial investigation scene,

(c) direct a person not to enter the coronial investigation scene,

(d) prevent a person from entering a coronial investigation scene,

(e) prevent a person from removing evidence from, or otherwise interfering with, the coronial investigation scene or anything in it and, for that purpose, detain and search the person,

(f) remove or cause to be removed an obstruction from the coronial investigation scene,

(g) perform any necessary investigation, including, for example, search the coronial investigation scene and inspect anything in it to obtain evidence in relation to the inquest or inquiry,

(h) for the purpose of performing any necessary investigation, conduct any examination or process,

(i) open anything at the coronial investigation scene that is locked,

(j) take electricity, gas or any other utility, for use at the coronial investigation scene,

(k) direct the occupier of the place or a person apparently involved in the management or control of the place to maintain a continuous supply of electricity at the place,

(l) photograph or otherwise record the coronial investigation scene and anything in it,

(m) seize and detain all or part of a thing that might provide evidence in relation to the inquest or inquiry or provide evidence of the commission of an offence,

(n) dig up anything at the coronial investigation scene,

(o) remove wall or ceiling linings or floors of a building, or panels of a vehicle,

(p) take possession of the remains of a deceased person on behalf of the coroner, including body tissue, clothing and items apparently in the possession of the deceased person,

(q) remove or cause the removal of the remains of a deceased person to any location nominated by the coroner,

(r) any other function reasonably necessary or incidental to a function conferred by this section.

(2) The power conferred by this section to seize and detain a thing includes--

(a) a power to remove the thing from the coronial investigation scene when it is found, and

(b) a power to guard the thing in or on the coronial investigation scene.

(3) Nothing in this Chapter prevents a police officer or other person who is lawfully at a place from exercising a coronial investigation scene power or doing any other thing, if the occupier of the place consents.