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This is a Bill, not an Act. For current law, see the Acts databases.


CORONERS AMENDMENT BILL 2017

                    Western Australia


     Coroners Amendment Bill 2017

                        Contents

1.    Short title                                              2
2.    Commencement                                             2
3.    Act amended                                              2
4.    Section 19A inserted                                     2
      19A.     Certain reportable deaths do not require
               investigation                              2
5.    Section 25 amended                                       3
6.    Section 28 amended                                       3




                           15--1                               page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY


            Coroners Amendment Bill 2017

                               A Bill for


An Act to amend the Coroners Act 1996.



The Parliament of Western Australia enacts as follows:




                                                         page 1
     Coroners Amendment Bill 2017



     s. 1




1    1.       Short title
2             This is the Coroners Amendment Act 2017.

3    2.       Commencement
4             This Act comes into operation as follows --
5              (a) sections 1 and 2 -- on the day on which this Act
6                    receives the Royal Assent;
7              (b) the rest of the Act -- on the day after that day.

8    3.       Act amended
9             This Act amends the Coroners Act 1996.

10   4.       Section 19A inserted
11            After section 19 insert:
12


13          19A.    Certain reportable deaths do not require
14                  investigation
15            (1)   A coroner is not required to investigate, or continue to
16                  investigate, a reportable death if the coroner determines
17                  that --
18                    (a) the death is due to natural causes; and
19                    (b) the death is a reportable death solely because it
20                          appears to have been unexpected.
21            (2)   For the purposes of subsection (1)(a), a coroner may
22                  determine that a death is due to natural causes if a
23                  pathologist informs the coroner in writing that, in the
24                  pathologist's opinion, the death is due to natural causes
25                  or consistent with natural causes.




     page 2
                                               Coroners Amendment Bill 2017



                                                                             s. 5



1          (3)   However, a determination cannot be made under
2                subsection (1) about a reportable death if --
3                  (a) there is a duty to hold an inquest into the death
4                       under this Act; or
5                  (b) the death occurred during an anaesthetic.
6          (4)   If a determination is made under subsection (1), the
7                coroner must notify the Registrar of Births, Deaths and
8                Marriages as soon as possible of the particulars (if any)
9                found by the coroner which are needed to register the
10               death.
11


12   5.    Section 25 amended
13         After section 25(1) insert:
14

15        (1A)   However, a coroner is not under a duty to make a
16               finding under subsection (1)(b) as to how death
17               occurred, even if it is possible to do so, if --
18                 (a) there is no duty to hold an inquest into the
19                       death under this Act; and
20                 (b) the coroner determines that there is no public
21                       interest to be served in making a finding as to
22                       how the death occurred.
23


24   6.    Section 28 amended
25         In section 28(1) after "particulars" insert:
26

27         (if any)
28


29




 


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