New South Wales Consolidated Acts

CORONERS ACT 2009 - SECT 53

53 Power to obtain documents and things for purposes of coronial investigation

(cf Coroners Act 1980 , s 14F)

(1) For the purpose of assisting a coroner in the investigation of a death, suspected death, fire or explosion, the coroner may, by notice in writing served on a person, direct the person to produce a document or other thing to the coroner or another person specified in the notice at a time and place specified in the notice.

(2) The power to give such a direction includes (without limitation)--

(a) the power to direct that a document be produced relating to the medical care or treatment of a person, and

(b) the power to direct a person to provide any tissue in the person's possession or under the person's control that was taken from a deceased person before his or her death.

(3) The coroner is to withdraw a direction under this section if it appears to the coroner that--

(a) any person would be entitled on grounds of privilege to refuse to produce the document or other thing in a court of law, and

(b) the person does not consent to compliance with the direction.

(4) A natural person is excused from producing a document or other thing under this section on the ground that it may tend to incriminate the person, unless the document relates to the medical care or treatment of a person, in which case the person is not excused from producing it.

(5) A person must not, without reasonable excuse, fail to comply with a notice served on the person under this section.

Maximum penalty (subsection (5)): 10 penalty units.

(6) If a direction under this section requires the production of a document, the production of a copy of the document is taken to be sufficient compliance with the direction unless the direction expressly requires the production of the original document.

(7) Nothing in this section limits any other power that a coroner may have under this Act to obtain evidence.