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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE COUNCIL
Coroners Amendment Bill 1999
A Bill for
An Act to amend the Coroners Act 1996, and for related purposes.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Coroners Amendment Act 1999.
page 1
24--1
Coroners Amendment Bill 1999
s. 2
2. The Act amended
The amendments in this Act are to the Coroners Act 1996*.
[* Act No. 2 of 1996.
For subsequent amendments see 1998 Index to Legislation of
5 Western Australia, Table 1, p. 52, and Act No. 40 of 1998.]
3. Section 3 amended
Section 3 is amended by inserting, in the appropriate
alphabetical position, the following definition --
"
10 "Deputy State Coroner" means the person appointed
under section 7;
".
4. Section 7 replaced
Section 7 is repealed and the following sections are inserted
15 instead --
"
7. Deputy State Coroner
(1) The Attorney General, on the recommendation of the
State Coroner, is to appoint a coroner to be Deputy
20 State Coroner for such period as is specified in the
instrument of appointment.
(2) A person appointed under subsection (1) is to perform
such functions of the State Coroner as are assigned by
the State Coroner.
25 (3) Where the State Coroner is absent from duty or the
office of State Coroner is vacant, the Deputy State
Coroner may act in the office of State Coroner and
page 2
Coroners Amendment Bill 1999
s. 4
when so acting has all the functions of the State
Coroner.
(4) The Deputy State Coroner may not practise as a
practitioner as defined by the Legal
5 Practitioners Act 1893 or be directly or indirectly
concerned in such practice.
(5) In the exercise of that office the Deputy State Coroner
has the same protection and immunity as a Judge has in
respect of proceedings in the Supreme Court.
10 (6) The Deputy State Coroner may at any time, by written
notice addressed to the Attorney General, resign as
Deputy State Coroner.
7A. Acting Deputy State Coroner
(1) The Attorney General, on the recommendation of the
15 State Coroner, may appoint a coroner to act in the
office of Deputy State Coroner for such period as is
specified in the instrument of appointment.
(2) A person appointed under subsection (1) is to act in the
office of Deputy State Coroner when the Deputy State
20 Coroner is absent from duty or the office of Deputy
State Coroner is vacant and when so acting has all the
functions of the Deputy State Coroner.
(3) The person appointed as acting Deputy State Coroner
may at any time, by written notice addressed to the
25 Attorney General, resign from that office.
".
page 3
Coroners Amendment Bill 1999
s. 5
5. Section 29 amended
Section 29 is amended as follows:
(a) in subsection (2) by deleting "an application made under
section 24 is disposed of or the time for making such an
5 application has expired." and inserting instead --
"
--
(a) an application made under section 36(3) is
disposed of;
10 (b) the time specified in section 36(3) for making
an application has expired; or
(c) if the coroner investigating the death has notice
that an application has been made under
section 36(3a) for an extension of time, the
15 application is disposed of or any extension of
time granted under section 36(3a) has expired.
";
(b) in subsection (3) by deleting "24" and inserting
instead --
20 " 36(4) ".
6. Section 36 amended
Section 36 is amended as follows:
(a) in subsection (3) after "Within 2" by inserting --
" clear working ";
25 (b) in subsection (3) after "refusal," by inserting --
"
or before the end of any extension of time granted by
the Supreme Court,
";
page 4
Coroners Amendment Bill 1999
s. 7
(c) after subsection (3) by inserting the following
subsection --
"
(3a) The Supreme Court may grant an extension of time
5 within which a person may apply to the Court for an
order that a post mortem examination be performed if it
is satisfied that exceptional circumstances exist so that
it is necessary or desirable in the interests of justice to
grant the extension.
10 ";
(d) in subsection (4)(b) after "disposal" by inserting --
"
of the body until the post mortem examination
has been conducted, or, if the body has been
15 buried, directing that the body be exhumed
".
7. Section 37 amended
Section 37 is amended as follows:
(a) in subsection (2) after "until 2" by inserting --
20 " clear working ";
(b) in subsection (2) after "decision" by inserting --
"
or until after the end of any extension of time granted
by the Supreme Court under subsection (3a)
25 ";
(c) after subsection (2) the following subsection is
inserted --
"
(2a) The coroner may direct that a post mortem examination
30 be performed if a senior next of kin who has asked the
page 5
Coroners Amendment Bill 1999
s. 8
coroner not to direct a post mortem examination
withdraws the request.
";
(d) in subsection (3) after "Within 2" by inserting --
5 " clear working ";
(e) in subsection (3) after "decision," by inserting --
"
or before the end of any extension of time granted by
the Supreme Court,
10 ";
(f) after subsection (3) by inserting the following
subsection --
"
(3a) On the application of the senior next of kin, the
15 Supreme Court may grant an extension of time within
which the senior next of kin may apply to the Court for
an order that no post mortem be performed if the post
mortem examination has not been performed and it is
satisfied that exceptional circumstances exist so that it
20 is necessary or desirable in the interests of justice to
grant the extension.
".
8. Section 38 amended
Section 38 is amended as follows:
25 (a) in subsection (2) after "at least 2" by inserting --
" clear working ";
(b) in subsection (3) after "until 2" by inserting --
" clear working ";
page 6
Coroners Amendment Bill 1999
s. 8
(c) in subsection (4) after "within 2" by inserting --
" clear working ";
(d) in subsection (6) by deleting "be postponed until 2 days
after that notice is received by the senior next of kin."
5 and inserting instead --
"
not take place --
(a) until 2 clear working days after that notice is
received by the senior next of kin; or
10 (b) if an application for an extension of time has
been made, until the application is refused or
the application for an order that the body not be
exhumed is dealt with.
";
15 (e) in subsection (7) after "Within 2" by inserting --
" clear working ";
(f) in subsection (7) after "subsection (5)," by inserting --
"
or before the end of any extension of time granted by
20 the Supreme Court,
";
(g) after subsection (7) by inserting the following
subsection --
"
25 (7a) The Supreme Court may grant an extension of time
within which a person may apply to the Court for an
order that the body not be exhumed if the exhumation
has not taken place and it is satisfied that exceptional
circumstances exist so that it is necessary or desirable
30 in the interests of justice to grant the extension.
";
page 7
Coroners Amendment Bill 1999
s. 8
(h) after subsection (8) by inserting the following
subsection --
"
(9) Section 38 does not apply if the Supreme Court by
5 order under section 36(4)(b) directs that a body be
exhumed.
".
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