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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Coroners Bill 2009
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are:
(a) to repeal the Coroners Act 1980, and
(b) to re-enact the provisions of the Coroners Act 1980 (with the modifications
noted below) so as to improve the efficiency and effectiveness of the exercise
of coronial jurisdiction in the State, and
(c) to enact provisions of a savings and transitional nature, and
(d) to make consequential amendments to certain other legislation.
This Bill makes the following modifications to the provisions of Coroners Act 1980:
(a) the existing legislation is rewritten in modern form, including an improved
arrangement of provisions, the removal of spent provisions and the updating
of outdated references and provisions,
(b) all persons appointed as coroners under the proposed Act must be Australian
lawyers and all persons appointed as assistant coroners must be members of
staff of the Attorney General's Department,
(c) coroners and assistant coroners may be appointed for a period,
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Coroners Bill 2009
Explanatory note
(d) the position of Senior Deputy State Coroner is abolished and the Minister is
authorised instead to appoint an Acting State Coroner when the State Coroner
is absent from duty,
(e) the relationship between the State Coroner and the Chief Magistrate is
clarified,
(f) the restriction on the number of Deputy State Coroners (currently limited to 4)
is removed,
(g) the retirement age for appointed coroners is increased from 70 years of age to
72 years of age while the retirement age for assistant coroners is removed,
(h) the proposed Act confirms that coronial jurisdiction arises regardless of
whether or not a death, suspected death, fire or explosion is reported,
(i) the current provisions relating to the reporting and investigation of deaths
resulting from the use of anaesthetic are replaced with provisions relating to
deaths that are not the reasonably expected outcomes of health procedures,
(j) the current provisions that require a death to be reported (and that prohibit a
death certificate being issued) if the deceased person was not attended by a
medical practitioner in the 3 months preceding death are replaced with
provisions that extend that period to 6 months,
(k) the current provisions that require a death to be reported (and that prohibit a
death certificate being issued) if the deceased person died within a year and a
day of an accident to which the death is attributable are not re-enacted,
(l) a medical practitioner is authorised to give a death certificate concerning a
cause of death in respect of a deceased person aged 72 years old or older who
died as a result of injuries from an accident even if the accident occurred in a
hospital or nursing home,
(m) a coroner is authorised to direct certain medical investigators to conduct (or
arrange for the conduct of) a review of the medical records of a deceased
person and report to the coroner on the cause of death based on such a review,
(n) a person conducting a post mortem examination will be required to endeavour
to use the least invasive procedures that are appropriate in the circumstances,
(o) a coroner is expressly authorised to dispense with an inquest or post mortem
examination in cases where the coroner is satisfied that the deceased person
died of natural causes and that the deceased person's family does not wish it
to be conducted,
(p) a coroner who has previously dispensed with the holding of an inquest or
inquiry concerning a matter is expressly authorised to hold an inquest or
inquiry concerning the matter in light of the discovery of new evidence or
facts,
(q) the authorisation to retain tissue obtained from a post mortem examination will
not extend to the retention of whole organs of a deceased person unless the
coroner expressly makes an order to that effect,
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Explanatory note
(r) a senior next of kin of a deceased person may object to an order by a coroner
authorising the retention of a whole organ of the deceased person,
(s) a coroner conducting coronial proceedings in connection with a death or
suspected death is authorised to give directions regarding the retention and
disposal of tissue obtained from a deceased person before his or her death,
(t) coroners conducting coronial proceedings are given additional powers in
connection with case management (including powers to conduct hearings and
obtain evidence before a formal inquest or inquiry is held under the proposed
Act),
(u) the State Coroner is given additional powers to give directions concerning the
allocation and transfer of cases and is given power to issue practice notes and
approve forms for use in coronial proceedings,
(v) the Director-General of the Attorney General's Department and the
Commissioner of Police are authorised to enter into a memorandum of
understanding in relation to the regulation of costs associated with the carrying
out of investigations by police officers pursuant to certain directions given by
coroners,
(w) the power of a coroner to make non-publication orders is extended to
prohibiting or restricting publication by means of the Internet,
(x) the current provisions that impose functions on the Minister to ensure that an
inquest or inquiry is held if the Supreme Court orders it are imposed instead
on the State Coroner,
(y) the current additional special procedural provisions dealing with inquests
concerning deaths in mines are not re-enacted,
(z) the use of a jury in coronial proceedings is limited to the situation where the
State Coroner directs it at an inquest or inquiry that is to be presided over by
the State Coroner.
Outline of provisions
Chapter 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for most of the provisions of the proposed Act to commence on a
day or days to be appointed by proclamation.
Clause 3 sets out the objects of the proposed Act.
Clause 4 defines certain words and expressions used in the proposed Act.
One of the expressions defined by the proposed section is senior next of kin of a
deceased person. The expression is defined to mean:
(a) the deceased person's spouse, or
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Coroners Bill 2009
Explanatory note
(b) if the deceased person did not have a spouse or a spouse is not available--any
of the deceased person's children who are adults, or
(c) if the deceased person did not have a spouse or child or a spouse or child is not
available--either of the deceased person's parents, or
(d) if the deceased person did not have a spouse, child or living parent or a spouse,
child or parent is not available--any of the deceased person's brothers or
sisters who are adults, or
(e) if the deceased person did not have a spouse, child, living parent, brother or
sister or a spouse, child, parent, brother or sister is not available:
(i) any person who is named as an executor in the deceased person's will,
or
(ii) any person who was the deceased person's legal personal representative
immediately before the deceased person's death.
Clause 5 defines the term relative. The term is defined in substantially the same way
as it is defined in section 4 (1) and (5) of the Coroners Act 1980.
Clause 6 defines the expression reportable death. The expression is defined largely
by reference to the kinds of deaths referred to in sections 12B (1) (a)-(g) and
13 (1) (a)-(c), (e)-(h) and (2) of the Coroners Act 1980. Section 12B (1) of the
Coroners Act 1980 provides for the circumstances in which a medical practitioner
cannot give a death certificate in respect of a death, while section 13 (1) of that Act
specifies the kinds of deaths or suspected deaths that a coroner has general
jurisdiction to investigate.
The term reportable death is defined to mean a death that occurs in any of the
following circumstances:
(a) the person died a violent or unnatural death,
(b) the person died a sudden death the cause of which is unknown,
(c) the person died under suspicious or unusual circumstances,
(d) the person died in circumstances where the person had not been attended by a
medical practitioner during the period of 6 months immediately before the
person's death,
(e) the person died in circumstances where the person's death was not the
reasonably expected outcome of a health-related procedure carried out in
relation to the person,
(f) the person died while in or temporarily absent from a declared mental health
facility within the meaning of the Mental Health Act 2007 and while the
person was a resident at the facility for the purpose of receiving care, treatment
or assistance.
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Coroners Bill 2009
Explanatory note
The term does not include the following kinds of deaths referred to in sections
12B (1) (a)-(g) and 13 (1) (a)-(c) and (e)-(h) of the Coroners Act 1980:
(a) where the person died while under, or as a result of, or within 24 hours after
the administration of, an anaesthetic administered in the course of a medical,
surgical or dental operation or procedure or an operation or procedure of a like
nature, other than a local anaesthetic administered solely for the purpose of
facilitating a procedure for resuscitation from apparent or impending death,
(b) where the person died within a year and a day after the date of any accident to
which the cause of his or her death or suspected death is or may be attributable.
Although the term does not cover deaths resulting from the use of an anaesthetic, the
term does include the death of a person in circumstances where the death was not the
reasonably expected outcome of a health-related procedure carried out in relation to
the person. The proposed section defines health-related procedure to mean a
medical, surgical, dental or other health-related procedure (including the
administration of an anaesthetic, sedative or other drug), but excludes any procedure
of a kind prescribed by the regulations as being an excluded procedure.
Schedule 3.5 [1] amends the Coroners Regulation 2005 to prescribe certain
procedures to be excluded procedures.
It should also be noted that the term includes the death of a person in circumstances
where the person had not been attended by a medical practitioner during the period
of 6 months immediately before the person's death. Currently, sections
12B (1) (a)-(g) and 13 (1) of the Coroners Act 1980 provide for a period of 3 months.
Chapter 2 Coronial officers
Clause 7 provides for the appointment of a State Coroner and one or more Deputy
State Coroners.
The proposed section re-enacts (with some modifications) the provisions of
section 4A (1)-(3), (5) and (7) of the Coroners Act 1980 (as amended when
Schedule 1.19 [1] to the Miscellaneous Acts (Local Court) Amendment Act 2007
commences). The proposed section differs from the provisions of section 4A of the
Coroners Act 1980 (as amended) in the following respects:
(a) the provisions of section 4A dealing with the appointment of a Senior Deputy
State Coroner are not re-enacted,
(b) the proposed section (unlike section 4A) enables more than 4 Deputy State
Coroners to be appointed,
(c) the proposed section (unlike section 4A) provides that the State Coroner has,
while holding office as such, the same status as a Deputy Chief Magistrate,
(d) the provisions in section 4A dealing with the effect of a person's appointment
to the office of State Coroner or a Deputy State Coroner on the person's
appointment as a Magistrate are set out in Part 1 of Schedule 1 to the proposed
Act rather than in the proposed section.
Explanatory note page 5
Coroners Bill 2009
Explanatory note
The provisions of sections 4B (Vacation of office as State Coroner or Deputy State
Coroner) and 4C (Remuneration) of the Coroners Act 1980 are now located in Part 1
of Schedule 1 to the proposed Act.
Clause 8 enables the Minister to appoint a Deputy State Coroner to be the Acting
State Coroner when the State Coroner is absent from duty. There is no comparable
provision in the Coroners Act 1980. However, the proposed section is intended to
replace the current requirement in section 4F (1A) and (2) of the Coroners Act 1980
for the Senior Deputy State Coroner to act as the State Coroner when the State
Coroner is absent from duty.
Clause 9 enables the State Coroner to delegate certain of the State Coroner's
functions under the proposed Act to a Deputy State Coroner or to another coroner.
The proposed section re-enacts (with some modifications) the provisions of
section 4E of the Coroners Act 1980. The proposed section differs from section 4E
of the Coroners Act 1980 by making it clear that the State Coroner cannot delegate
to a coroner who is not a Deputy State Coroner the exercise of jurisdiction conferred
or imposed on the State Coroner by proposed Division 2 of Part 3.2.
Clause 10 sets out the functions of the State Coroner and the Deputy State Coroners.
The proposed section substantially re-enacts the provisions of sections 4D and 4F (1)
of the Coroners Act 1980. However, the proposed section differs from sections 4D
and 4F (1) of the Coroners Act 1980 in the following respects:
(a) the proposed section provides that, in exercising functions under the proposed
section, the State Coroner is subject to the control and direction of the Chief
Magistrate,
(b) the proposed section does not re-enact the provisions of section 4F (1A) and
(2) of the Coroners Act 1980 dealing with the functions of Deputy State
Coroners who are acting in the office of State Coroner because of the new
provisions relating to the appointment of an Acting State Coroner under
proposed section 8.
Clause 11 enables the State Coroner to issue general directions to coroners requiring
them to give to the State Coroner information they receive concerning deaths,
suspected deaths, fires or explosions. The proposed section substantially re-enacts
the provisions of section 4G (1) of the Coroners Act 1980. However, the proposed
section does not re-enact the provisions of section 4G (2) and (3) of the Coroners
Act 1980.
Clause 12 provides for the appointment of coroners.
The proposed section re-enacts (with some modifications) the provisions of
sections 5 and 6 of the Coroners Act 1980. The proposed section differs from the
provisions of sections 5 and 6 of the Coroners Act 1980 in the following respects:
(a) the proposed section provides that only Australian lawyers are qualified for
appointment as coroners while section 5 provides for the appointment of fit
and proper persons,
(b) the proposed section enables coroners to be appointed for a period,
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Coroners Bill 2009
Explanatory note
(c) the proposed section does not re-enact the provisions of section 5 (2) which
provide for the appointment of a coroner at a specified place or in and for the
State,
(d) the provisions of section 6 dealing with the appointment of coroners aged
70 years old or older have been re-enacted with the age being increased to
72 years old or older,
(e) the provisions of section 5 dealing with the appointment of coroners on a
full-time or part-time basis are set out (with some modifications) in Part 2 of
Schedule 1 to the proposed Act rather than in the proposed section.
The provisions of sections 6A (Vacation of office of coroners and assistant coroners)
and 7 (Oath of allegiance for coroners and assistant coroners) of the Coroners Act
1980 are now located (with some modifications) in Part 2 of Schedule 1 to the
proposed Act.
Clause 13 provides for the appointment of assistant coroners.
The proposed section re-enacts (with some modifications) the provisions of
section 5A of the Coroners Act 1980. The proposed section differs from the
provisions of sections 5A and 6 (1) of the Coroners Act 1980 in the following
respects:
(a) the proposed section provides that only members of staff of the Attorney
General's Department may be appointed as assistant coroners while
section 5A provides for the appointment of fit and proper persons,
(b) the proposed section enables assistant coroners to be appointed for a period,
(c) the proposed section provides for the Minister rather than the Governor to
appoint assistant coroners,
(d) the proposed section does not re-enact the provisions of section 6 (1) which
provide that a person who is aged 70 years old or older may not be appointed
as an assistant coroner,
(e) the provisions in section 5 (3) dealing with the cessation of an assistant
coroner's appointment on his or her appointment as a coroner are set out (with
some modifications) in Part 2 of Schedule 1 to the proposed Act rather than in
the proposed section.
Clause 14 provides that an appointed coroner has all of the jurisdiction and functions
that are imposed or conferred on a coroner by the proposed Act. The proposed section
substantially re-enacts the provisions of section 8 of the Coroners Act 1980.
Clause 15 sets out the functions of assistant coroners. The proposed section
substantially re-enacts the provisions of section 9 of the Coroners Act 1980.
Clause 16 provides that a Magistrate (other than a Magistrate who has been
appointed as the State Coroner, a Deputy State Coroner or a coroner) has all the
jurisdiction and functions of a coroner by virtue of holding office as a Magistrate.
Proposed section 16 (1) substantially re-enacts the provisions of section 10 of the
Coroners Act 1980. However, the proposed section also contains a new provision
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Coroners Bill 2009
Explanatory note
that makes it clear that the Chief Magistrate may (but need not) comply with any
direction given by the State Coroner under the proposed Act in relation to the
exercise by the Chief Magistrate of any coronial function conferred or imposed on
the Chief Magistrate by operation of proposed section 16 (1). In this regard, it should
be noted that proposed section 7 provides that the State Coroner is to have the same
status as a Deputy Chief Magistrate and proposed section 10 (2) provides that the
State Coroner is subject to the control and direction of the Chief Magistrate.
Chapter 3 Coronial jurisdiction
Part 3.1 General
Clause 17 summarises the jurisdiction that is conferred by the proposed Chapter.
The proposed Chapter confers the following 2 kinds of jurisdiction on coroners:
(a) jurisdiction to hold inquests concerning certain kinds of deaths or suspected
deaths of persons,
(b) jurisdiction to hold inquiries concerning fires and explosions that result in
property destruction or damage in the State.
The proposed section also makes it clear that the jurisdiction conferred by the
proposed Act extends to deaths, suspected deaths, fires and explosions occurring
before the commencement of the proposed section.
There is no comparable provision in the Coroners Act 1980.
Clause 18 requires a death or suspected death of a person to have a relevant
connection with the State before a coroner has jurisdiction under the proposed
Chapter to hold an inquest. The proposed section substantially re-enacts the
provisions of section 13C of the Coroners Act 1980.
Clause 19 provides that a coroner does not have jurisdiction under the proposed
Chapter to hold an inquest concerning a death or suspected death of a person unless
it appears to the coroner that (or that there is reasonable cause to suspect that) the
death or suspected death occurred within the last 100 years. The proposed section
substantially re-enacts the provisions of section 13B of the Coroners Act 1980.
Clause 20 makes it clear that a coroner has jurisdiction under the proposed Chapter
to hold an inquest concerning a death or suspected death of a person, or an inquiry
concerning a fire or explosion, even if the death, suspected death, fire or explosion
has not been reported in accordance with a requirement to do so under the proposed
Act.
There is no comparable provision in the Coroners Act 1980.
Explanatory note page 8
Coroners Bill 2009
Explanatory note
Part 3.2 Inquests concerning deaths
Division 1 General jurisdiction to hold inquests
Clause 21 confers general jurisdiction on a coroner to hold an inquest concerning a
death or suspected death of a person if appears to the coroner that:
(a) the person's death is (or there is reasonable cause to suspect that the person's
death is) a reportable death, or
(b) a medical practitioner has not given (or there is reasonable cause to suspect
that a medical practitioner has not given) a certificate as to the cause of death.
The proposed section re-enacts (with some modifications) the provisions of
section 13 of the Coroners Act 1980. The modifications contained in the proposed
section result from the terms of the definition of reportable death (see the note
concerning proposed section 6 in this Outline).
Division 2 Exclusive jurisdiction of State Coroner and
Deputy State Coroners
Clause 22 provides that the jurisdiction conferred by the proposed Division may
only be exercised by the State Coroner or a Deputy State Coroner (a senior coroner).
Proposed section 22 (2) also makes it clear that if there is jurisdiction to hold an
inquest both under the proposed Division and proposed Division 1, then the inquest
may be held only by a senior coroner. Proposed section 22 (2) substantially re-enacts
and consolidates in one section the provisions of sections 13A (2) and 13AB (2) of
the Coroners Act 1980.
Clause 23 confers jurisdiction on a senior coroner to hold inquests concerning deaths
or suspected deaths occurring in police or other lawful custody or as a result of
certain police operations. The proposed section substantially re-enacts the provisions
of section 13A (1) of the Coroners Act 1980.
Clause 24 confers jurisdiction on a senior coroner to hold an inquest concerning
deaths or suspected deaths of:
(a) certain children who are in care or children who may have died in suspicious
circumstances or as a result of abuse or neglect, and
(b) certain disabled persons.
The proposed section substantially re-enacts the provisions of section 13AB (1), (3)
and (4) of the Coroners Act 1980.
Division 3 When inquest may be dispensed with
Clause 25 provides that a coroner may dispense with holding an inquest concerning
a death or suspected death unless an inquest is required to be held under a provision
of proposed Part 3.2. Without limiting this general power to dispense with an inquest,
the proposed section gives an example of a situation where an inquest may be
dispensed with. The example involves the situation where a coroner is satisfied (after
Explanatory note page 9
Coroners Bill 2009
Explanatory note
obtaining relevant advice from police officers and medical practitioners and
consulting with a senior next of kin of the deceased person and any other person that
the coroner considers appropriate) that:
(a) the deceased person died of natural causes (whether or not the precise cause of
death is known), and
(b) a senior next of kin of the deceased person has indicated to the coroner that it
is not the wish of the deceased person's family that a post mortem examination
be conducted on the deceased to determine the precise cause of the deceased's
death.
The proposed section also enables a coroner who has previously dispensed with the
holding of an inquest to hold the inquest in light of the discovery of new evidence or
facts.
The proposed section re-enacts (with some modifications) the provisions of
section 14 of the Coroners Act 1980. The proposed section differs from the current
section by including the following provisions:
(a) the provision enabling a coroner to dispense with holding an inquest by
reference to the example explained above,
(b) the provision enabling a coroner to hold an inquest where he or she has
previously dispensed with the holding of the inquest.
Clause 26 requires a coroner who dispenses with an inquest concerning a death or
suspected death to give written reasons for dispensing with the inquest if requested
to do so by the State Coroner, the Minister or a person with a sufficient interest in the
circumstances of the death or suspected death.
The proposed section substantially re-enacts the provisions of section 14D of the
Coroners Act 1980.
Division 4 When inquest is required to be held
Clause 27 provides that an inquest concerning a death or suspected death of a person
is required if:
(a) it appears to the coroner concerned that the person died or might have died as
a result of homicide (not including suicide), or
(b) the jurisdiction to hold the inquest arises because of a death in custody or as a
result of police operations, or
(c) it appears to the coroner concerned that:
(i) it has not been sufficiently disclosed whether the person has died, or
(ii) the person's identity and the date and place of the person's death have
not been sufficiently disclosed, or
(d) it appears to the coroner concerned that the manner and cause of the person's
death have not been sufficiently disclosed (unless the case is one where an
inquest has been suspended or continued under proposed section 78).
Explanatory note page 10
Coroners Bill 2009
Explanatory note
The proposed section substantially re-enacts the provisions of section 14B of the
Coroners Act 1980.
Clause 28 provides that an inquest is required if the State Coroner or the Minister
directs it. The proposed section substantially re-enacts the provisions of section 14A
of the Coroners Act 1980.
Clause 29 enables the State Coroner to direct that an inquest be held after a coroner
has dispensed with the holding of an inquest. The proposed section substantially
re-enacts the provisions of section 14E of the Coroners Act 1980.
Part 3.3 Inquiries concerning fires and explosions
Clause 30 provides that a coroner has jurisdiction to hold an inquiry concerning the
cause and origin of a fire or explosion if the coroner is satisfied that the fire or
explosion has destroyed or damaged any property within the State.
The proposed section also provides that a coroner has jurisdiction to hold a general
inquiry concerning a fire or explosion that has destroyed or damaged property within
the State, but only if the State Coroner directs it. A coroner holding a general inquiry
is not limited to investigating the cause and origin of the fire or explosion, but may
examine all of the circumstances concerning the fire or explosion.
The proposed section re-enacts (with some modifications) the provisions of
section 15 (1) of the Coroners Act 1980. The proposed section (unlike section 15)
does not make the jurisdiction depend on a coroner being informed that a fire or
explosion has destroyed or damaged any property within the State. The proposed
section also makes it clear that the jurisdiction of a coroner to hold a general inquiry
depends on the State Coroner giving a direction to that effect while an inquiry that is
limited to investigating the cause and origin of a fire or explosion does not require a
direction before jurisdiction can arise.
Clause 31 enables a coroner to dispense with holding an inquiry concerning a fire or
explosion, unless an inquiry is required to be held under proposed Part 3.3, if the
coroner is of the opinion that the cause and origin of the fire or explosion are
sufficiently disclosed or that an inquiry into the cause and origin of the fire or
explosion is unnecessary. The proposed section requires a coroner who dispenses
with an inquiry to give written reasons to the State Coroner for doing so if the State
Coroner requests reasons.
The proposed section also enables a coroner who has previously dispensed with the
holding of an inquiry to hold the inquiry in light of the discovery of new evidence or
facts.
The proposed section re-enacts (with some modifications) and consolidates in one
section the provisions of sections 15 (2) and 15A (1) of the Coroners Act 1980. The
proposed section differs from the current provisions by including a provision
enabling a coroner to hold an inquiry where he or she has previously dispensed with
the holding of the inquiry.
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Coroners Bill 2009
Explanatory note
Clause 32 sets out the circumstances in which a coroner will be required to hold an
inquiry concerning a fire or explosion.
The proposed section distinguishes between an inquiry that is limited to investigating
the cause and origin of a fire or explosion and a general inquiry concerning a fire or
explosion.
An inquiry concerning the cause and origin of a fire or explosion will be required to
be held if it has been requested by an authorised public official or if the State Coroner
directs it as provided by the proposed section.
A general inquiry concerning a fire or explosion will be required to be held if the
State Coroner directs it as provided by the proposed section. The State Coroner will
be required to give such a direction if an authorised public official requests that a
general inquiry be held or if the State Coroner is of the opinion that a general inquiry
should be held.
An authorised public official is defined to mean any of the following persons:
(a) if the fire or explosion concerned occurred in a fire district within the meaning
of the Fire Brigades Act 1989--the Commissioner of New South Wales Fire
Brigades,
(b) if the fire concerned is a bush fire within the meaning of the Rural Fires Act
1997--the Commissioner of the NSW Rural Fire Service,
(c) the Minister.
The proposed section substantially re-enacts and consolidates in one section the
provisions of sections 15 (3), 15A (2)-(5) and 15B of the Coroners Act 1980.
Part 3.4 Other provisions concerning exercise of
coronial jurisdiction
Clause 33 provides for the referral of a matter from a coroner who is unavailable to
deal with it to another coroner. The proposed section provides for matters to be
referred to another coroner either at the behest of the unavailable coroner (but only
with the consent of the coroner to whom the matter is to be referred) or by direction
of the State Coroner.
The proposed section re-enacts (with some modifications) the provisions of
section 16 of the Coroners Act 1980. The proposed section seeks to generalise and
simplify the circumstances in which a referral is permissible.
Clause 34 provides for a coroner who is investigating the death of a person to notify
the Registrar of Births, Deaths and Marriages of particulars concerning the death as
they become available so as to enable the Registrar to effect or complete registration
of the death. The proposed section substantially re-enacts the provisions of
section 16A of the Coroners Act 1980.
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Coroners Bill 2009
Explanatory note
Chapter 4 Reporting of deaths
Clause 35 requires a person to report a death or suspected death to a police officer,
coroner or assistant coroner if the person has reasonable grounds to suspect that the
death or suspected death:
(a) is a reportable death or occurred in circumstances that would be examinable
under proposed Division 2 of Part 3.2, and
(b) has not been reported in accordance with the proposed section.
A failure by such a person to report the death or suspected death as soon as possible
after becoming aware of the reasonable grounds will be an offence that is punishable
by a maximum penalty of 10 penalty units (currently, $1,100). The proposed section
also provides for relevant officials such as the State Coroner to be informed about
deaths or suspected deaths reported under the proposed section.
The proposed section re-enacts (with some modifications) the provisions of
section 12A (1)-(2A) and (3) of the Coroners Act 1980. The proposed section does
not re-enact section 12A (2B) concerning the reporting of deaths in certain Local
Court districts because that subsection will in any event be repealed on the
commencement of Schedule 1.19 [2] to the Miscellaneous Acts (Local Court)
Amendment Act 2007. The scope of the obligation to report deaths or suspected
deaths differs slightly from the obligation imposed by section 12A (1) of the
Coroners Act 1980 as a result of the terms of the definition of reportable death (see
the note concerning proposed section 6 in this Outline).
Clause 36 requires the State Coroner to provide the Ombudsman with information
about deaths or suspected deaths of:
(a) certain children who are in care or in custody or children who may have died
in suspicious circumstances or as a result of abuse or neglect, and
(b) certain disabled persons.
The proposed section substantially re-enacts the provisions of section 12A (3A) and
(3B) of the Coroners Act 1980.
Clause 37 requires the State Coroner to provide annual reports to the Minister on
certain deaths in custody or as a result of police operations. The Minister will be
required to cause a copy of any such report to be tabled in each House of Parliament.
The proposed section substantially re-enacts the provisions of section 12A (4)-(8) of
the Coroners Act 1980.
Clause 38 provides that a medical practitioner must not give a certificate as to the
cause of a person's death if the medical practitioner is of the opinion that:
(a) the person's death is a reportable death, or
(b) the person died in circumstances that would be examinable under proposed
Division 2 of Part 3.2.
The proposed section requires a medical practitioner who is prevented from giving a
certificate in relation to the death of a person to report the death to a police officer as
soon as practicable after the death.
Explanatory note page 13
Coroners Bill 2009
Explanatory note
The proposed section also expressly authorises a medical practitioner to give a
certificate in the case of a death involving a person aged 72 years old or older who
died after sustaining an injury from an accident that was attributable to the age of that
person, contributed substantially to the death of the person and was not caused by an
act or omission by any other person (the accidental death exception). However, a
medical practitioner will not be able to give a certificate in these circumstances if a
relative of the deceased person objects.
The proposed section re-enacts (with some modifications) the provisions of
sections 12A (2), (2A) and (3) and 12B of the Coroners Act 1980. The scope of the
prohibition on the giving of certificates on the causes of deaths differs slightly from
the obligation imposed by section 12B (1) of the Coroners Act 1980 as a result of the
terms of the definition of reportable death (see the note concerning proposed
section 6 in this Outline). Also, the accidental death exception set out in the proposed
section differs from that set out in section 12B of the Coroners Act 1980 in the
following respects:
(a) the deceased person must be aged 72 years old or older instead of the current
requirement that he or she be aged 65 years old or older,
(b) a relative of the deceased person may object to the giving of such a certificate,
(c) a certificate may be given under the proposed section regardless of where the
accident occurred while section 12B provides that a certificate cannot be given
if the accident occurred in a hospital or nursing home.
Chapter 5 Coronial investigation scenes
Clause 39 defines certain terms and expressions used in the proposed Chapter. The
proposed section substantially re-enacts the provisions of section 23C of the
Coroners Act 1980.
Clause 40 enables a coroner to issue an order authorising a police officer or other
person to establish a coronial investigation scene at a specified place for the purposes
of any inquest or inquiry.
The proposed section re-enacts (with some modifications) the provisions of
section 23D of the Coroners Act 1980. The proposed section includes a new
provision that makes it clear that persons assisting a person authorised by an order to
establish a crime investigation scene may also enter a place that the authorised person
is permitted to enter by reason of the order.
Clause 41 enables a police officer or other person to establish a coronial
investigation scene at a place pursuant to an order of a coroner to establish the scene
in any way that is reasonably appropriate in the circumstances. The proposed section
substantially re-enacts the provisions of section 23E of the Coroners Act 1980.
Clause 42 authorises a police officer or other person to exercise the coronial
investigation scene powers set out in proposed section 43 if a coronial investigation
scene has been established and the police officer or other person suspects on
reasonable grounds that it is necessary to exercise the powers to preserve evidence
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Coroners Bill 2009
Explanatory note
relevant to the investigation by the coroner. The proposed section substantially
re-enacts the provisions of section 23F of the Coroners Act 1980.
Clause 43 sets out the powers that a police officer or other person may exercise at,
or in relation to, a coronial investigation scene. The proposed section substantially
re-enacts the provisions of section 23G of the Coroners Act 1980.
Clause 44 makes it an offence for a person to obstruct or hinder a person executing
an order to establish a coronial investigation scene. The maximum penalty for the
offence will be 100 penalty units (currently, $11,000) or imprisonment for 2 years,
or both. The proposed section substantially re-enacts the provisions of section 23H
of the Coroners Act 1980.
Clause 45 provides that the proposed Chapter does not limit any other power that a
police officer or other person may have to enter a place or do any other thing at the
place. The proposed section substantially re-enacts the provisions of section 23I of
the Coroners Act 1980.
Chapter 6 Coronial proceedings
Part 6.1 General
Clause 46 defines the expression coronial proceedings for the purposes of the
proposed Act. The expression is defined to mean any proceedings conducted by a
coroner or assistant coroner for the purposes of the proposed Act concerning the
investigation of a death, suspected death, fire or explosion. The proposed section also
makes it clear that coronial proceedings include the following kinds of the
proceedings:
(a) the holding of an inquest or inquiry,
(b) proceedings to determine whether or not to hold, or to continue to hold, an
inquest or inquiry,
(c) proceedings of an interlocutory or similar nature (including proceedings to
deal with evidential matters or case management issues).
There is no comparable provision in the Coroners Act 1980.
Clause 47 provides that, subject to limited exceptions, hearings in coronial
proceedings are to be held in public. The proposed section re-enacts (with some
modifications) the provisions of section 30 of the Coroners Act 1980. The proposed
section (unlike the current section) is not limited to the holding of inquests or
inquiries, but extends to hearings conducted for coronial proceedings generally.
Clause 48 provides that generally coronial proceedings must be conducted without
a jury. The proposed section does enable the State Coroner to direct that an inquest
or inquiry be held before a jury, but only if the State Coroner is to act as the coroner
for the inquest or inquiry.
The proposed section re-enacts (with some modifications) the provisions of
sections 18 and 28 of the Coroners Act 1980. The proposed section differs from the
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Explanatory note
provisions of section 18 of the Coroners Act 1980 by limiting the circumstances in
which juries may be used in coronial proceedings to situations where the State
Coroner directs it for an inquest or inquiry. Section 18 of the Coroners Act 1980
currently allows the State Coroner or the Minister to direct that an inquest or inquiry
be held, and a relative of a deceased person to request that an inquest be held, before
a jury (regardless of whether or not the State Coroner is to preside over the
proceedings).
Clause 49 enables a coroner conducting coronial proceedings to give directions in
connection with the proceedings to promote better case management. There is no
comparable provision in the Coroners Act 1980.
Clause 50 enables the State Coroner to assume jurisdiction to conduct coronial
proceedings and to give directions for a coroner to assume jurisdiction.
The proposed section re-enacts (with some modifications) the provisions of section
17A of the Coroners Act 1980. The proposed section (unlike the current section) is
not limited to the holding of inquests or inquiries, but extends to coronial proceedings
generally. It also enables the State Coroner to give directions concerning the transfer
of relevant information by the coroner who formerly conducted the proceedings to
the new coroner assuming jurisdiction to deal with the proceedings.
Clause 51 enables the State Coroner to give directions concerning investigations to
be carried out for the purposes of any coronial proceedings or proposed coronial
proceedings. It also enables a coroner to give directions for such purposes to police
officers.
The proposed section re-enacts (with some modifications) and consolidates in one
section the provisions of sections 17B and 17C of the Coroners Act 1980. The
proposed section differs from sections 17B and 17C of the Coroners Act 1980 by
including provisions that enable the Director-General of the Attorney General's
Department and the Commissioner of Police to enter into a memorandum of
understanding in relation to the regulation of costs associated with the carrying out
of investigations by police officers pursuant to directions under the proposed section.
Clause 52 enables the State Coroner (with the approval of the Chief Magistrate) to
issue practice notes for use in coronial proceedings. In this regard, it should be noted
that proposed section 7 provides that the State Coroner is to have the same status as
a Deputy Chief Magistrate. It also enables the State Coroner to approve forms for use
in coronial proceedings.
There is no comparable provision in the Coroners Act 1980.
Clause 53 enables a coroner investigating a death, suspected death, fire or explosion
to direct a person to produce a document or other thing for the purpose of assisting
the coroner in his or her investigation. The power of a coroner to give directions
under the proposed section includes the power to direct a person to provide tissue in
the person's possession or under the person's control that was taken from a deceased
person before his or her death.
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Coroners Bill 2009
Explanatory note
The proposed section re-enacts (with some modifications) the provisions of
section 14F of the Coroners Act 1980. The proposed section differs from section 14F
of the Coroners Act 1980 in the following respects:
(a) the proposed section is not limited to giving directions for the purpose of
enabling a coroner to decide whether or not to dispense with the holding of an
inquest or inquiry,
(b) the proposed section makes it clear that the production of a copy of a document
is sufficient compliance with a direction to produce a document unless the
direction expressly requires the production of the original document,
(c) the proposed section expressly recognises that a direction may be given to
obtain tissue taken from a deceased person before his or her death.
Part 6.2 Holding inquests and inquiries
Clause 54 provides for a coroner who is holding an inquest or inquiry to fix a time
and place for the commencement of the inquest or inquiry and to give certain
particulars about that time and place to next of kin and other persons. The proposed
section substantially re-enacts the provisions of section 17 of the Coroners Act 1980.
Clause 55 provides that a coroner and a jury may (but need not) view the remains of
a deceased person, or the scene of a fire or explosion, with which an inquest or
inquiry is concerned if the coroner considers it advisable to do so. The proposed
section re-enacts (with some modifications) the provisions of section 29 of the
Coroners Act 1980. The current section has a different emphasis. It provides for there
not to be a viewing unless a coroner considers it appropriate to do so.
Clause 56 provides that a coroner has a right to take possession of, and to retain, the
remains of a deceased person whenever the coroner has jurisdiction to hold or is
holding an inquest concerning the person's death or suspected death. The proposed
section substantially re-enacts the provisions of section 24 of the Coroners Act 1980.
Part 6.3 Representation and evidentiary matters
Clause 57 enables a coroner in coronial proceedings to grant leave to persons with a
sufficient interest in the subject-matter of the proceedings to appear in person in the
proceedings or be represented by an Australian legal practitioner. The proposed
section also requires leave to be granted to a relative of a deceased person (or
suspected deceased person) who is the subject of an inquest unless satisfied that there
are exceptional circumstances justifying the refusal of leave.
The proposed section re-enacts (with some modifications) the provisions of
section 32 (1) and (2) of the Coroners Act 1980. The proposed section (unlike the
current section) is not limited to the holding of inquests or inquiries, but extends to
coronial proceedings generally.
Clause 58 provides that a coroner in coronial proceedings is not bound to observe the
rules of procedure and evidence applicable in a court. The proposed section re-enacts
(with some modifications) the provisions of section 33 of the Coroners Act 1980.
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Explanatory note
The proposed section (unlike the current section) is not limited to the holding of
inquests or inquiries, but extends to coronial proceedings generally.
Clause 59 provides that a coroner in coronial proceedings may examine on oath or
affirmation all persons who tender evidence relevant to the proceedings or who, in
the coroner's opinion, are able to give relevant evidence. The proposed section
re-enacts (with some modifications) the provisions of section 31 of the Coroners Act
1980. The proposed section (unlike the current section) is not limited to the holding
of inquests or inquiries, but extends to coronial proceedings generally.
Clause 60 enables a person granted leave to appear or be represented in coronial
proceedings to apply for a particular person to be examined in the proceedings. The
proposed section re-enacts (with some modifications) the provisions of section 31A
of the Coroners Act 1980. The proposed section (unlike the current section) is not
limited to the holding of inquests or inquiries, but extends to coronial proceedings
generally.
Clause 61 provides for a procedure for giving a witness in coronial proceedings who
objects to giving particular evidence a certificate which grants that person certain
immunity against use of the evidence if the person can claim the privilege against
self-incrimination.
The proposed section re-enacts (with some modifications) the provisions of
section 33AA of the Coroners Act 1980. The proposed section differs from
section 33AA of the Coroners Act 1980 in the following respects:
(a) the proposed section does not limit the power to give certificates to coroners
who are Magistrates (unlike the current section) because all coroners under the
proposed Act will either be Magistrates or Australian lawyers,
(b) the proposed section (unlike the current section) is not limited to the holding
of inquests or inquiries, but extends to coronial proceedings generally.
Clause 62 makes it an offence for a person who appears in coronial proceedings to
give evidence or produce a document or any other thing to refuse to take an oath or
affirmation, be examined or produce the document or other thing. The maximum
penalty for the offence will be 10 penalty units (currently, $1,100).
The proposed section re-enacts (with some modifications) the provisions of
section 42 (when read with section 54 (1) of the Coroners Act 1980). The proposed
section (unlike the current section) is not limited to the holding of inquests or
inquiries, but extends to coronial proceedings generally.
Clause 63 applies the provisions of Parts 3 (Medical examinations and law
enforcement devices) and 4 (Depositions and written statements) of Chapter 6 of the
Criminal Procedure Act 1986 to evidence gathering in coronial proceedings. The
proposed section re-enacts (with some modifications) the provisions of section 34A
of the Coroners Act 1980. The proposed section (unlike the current section) is not
limited to inquests or inquiries, but extends to coronial proceedings generally.
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Explanatory note
Clause 64 enables a coroner conducting a fresh inquest or inquiry to admit in
evidence depositions taken at a previous inquest or inquiry. The proposed section
substantially re-enacts the provisions of section 33A of the Coroners Act 1980.
Clause 65 provides for the following matters:
(a) requiring a coroner to ensure evidence given by witnesses in coronial
proceedings is recorded,
(b) the granting of access to a coroner's file by a coroner or assistant coroner by
means of providing copies of material in the file,
(c) the criteria by reference to which a coroner or assistant coroner is to decide
whether granting access to a person requesting it is appropriate,
(d) prohibiting the granting of access to a coroner's file where the coroner who
prepared the file directs it.
The proposed section re-enacts (with some modifications) the provisions of
section 34 of the Coroners Act 1980. The proposed section differs from section 34 of
the Coroners Act 1980 in the following respects:
(a) the proposed section places the obligation to ensure that evidence is recorded
on the coroner in the coronial proceedings rather than by reference to rules of
court made by the Local Court Rule Committee,
(b) the proposed section confers the power to grant access on coroners and
assistant coroners rather than on coroners or, in the absence of a coroner,
registrars of the Local Courts,
(c) the proposed section (unlike the current section) is not limited to the holding
of inquests or inquiries, but extends to coronial proceedings generally.
Clause 66 enables a coroner in coronial proceedings to issue subpoenas for the
appearance of a person to give evidence or to produce a document or thing (or both).
The proposed section also enables a coroner to issue an arrest warrant for a witness
if the coroner considers that it is probable that the witness will not comply with a
subpoena.
The proposed section re-enacts (with some modifications) the provisions of
section 35 of the Coroners Act 1980. The proposed section (unlike the current
section) is not limited to inquests or inquiries, but extends to coronial proceedings
generally.
Clause 67 provides for the form of a subpoena issued under the proposed Part. The
proposed section substantially re-enacts the provisions of section 36 of the Coroners
Act 1980.
Clause 68 provides for the manner of service of a subpoena issued under the
proposed Part. The proposed section re-enacts (with some modifications) the
provisions of section 37 of the Coroners Act 1980. The proposed section now
provides for the service of a subpoena in a manner that is consistent with service of
subpoenas under clause 44 of the Local Courts (Criminal and Applications
Procedure) Rule 2003.
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Coroners Bill 2009
Explanatory note
Clause 69 enables a coroner to issue an arrest warrant for a person who does not
appear in coronial proceedings when required to do so by subpoena. The proposed
section re-enacts (with some modifications) the provisions of section 39 of the
Coroners Act 1980. The proposed section (unlike the current section) is not limited
to inquests or inquiries, but extends to coronial proceedings generally.
Clause 70 provides for the form of an arrest warrant issued under the proposed Part.
The proposed section substantially re-enacts the provisions of section 41 (1)-(3) of
the Coroners Act 1980.
Clause 71 provides for how a person who is brought before a coroner or authorised
justice (within the meaning of the Bail Act 1978) under an arrest warrant is to be dealt
with (including the granting of bail).
The proposed section re-enacts (with some modifications) the provisions of
sections 40 and 41 (3) of the Coroners Act 1980. The proposed section differs from
section 40 of the Coroners Act 1980 in the following respects:
(a) the proposed section expressly provides for a person arrested under an arrest
warrant to be brought before a coroner or authorised justice as soon as
practicable after the person's arrest,
(b) the proposed section enables an authorised justice as well as a coroner to deal
with the arrested person,
(c) the proposed section makes it clear that the presumption in favour of bail
contained in section 9 of the Bail Act 1978 applies in relation to the arrested
person.
Clause 72 provides that no objection may be taken or allowed to any subpoena or
arrest warrant in respect of any alleged defect in the subpoena or arrest warrant in
substance or in form. The proposed section substantially re-enacts the provisions of
section 38 of the Coroners Act 1980.
Part 6.4 Disclosure of information
Clause 73 defines when a matter is published for the purposes of the proposed Part.
The proposed section re-enacts (with some modifications) the provisions of
section 46 of the Coroners Act 1980. The proposed section (unlike the current
section) includes matter that is published by means of the Internet.
Clause 74 enables a coroner in coronial proceedings to order that the room or
building in which the proceedings are being heard be cleared of witnesses or other
persons or that evidence given in the proceedings not be published. A failure to
comply with such an order will be an offence punishable by a maximum penalty of:
(a) in the case of an individual--10 penalty units (currently, $1,100) or
imprisonment for 6 months, or
(b) in any other case--50 penalty units (currently, $5,500).
The proposed section re-enacts and consolidates in one section (with
some modifications) the provisions of sections 44 (1), (5) and (6) and 45 (1) (and
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Explanatory note
section 45 (4) in its application to these provisions) of the Coroners Act 1980. The
proposed section (unlike the current section) is not limited to the holding of inquests
or inquiries, but extends to coronial proceedings generally.
Clause 75 enables a coroner in coronial proceedings to make an order (a
non-publication order) restricting or prohibiting the publication of certain
information about a death or suspected death if it appears to the coroner that it was
self-inflicted. The proposed section also prohibits the publication of a report of an
inquest that finds that a death was self-inflicted unless the coroner permits the
publication.
The proposed section makes it an offence for a person to contravene (or cause the
contravention) a non-publication order or the provision of the proposed section
prohibiting publication of a report on an inquest that finds a death was self-inflicted.
The maximum penalty for the offence will be:
(a) in the case of an individual--10 penalty units (currently, $1,100) or
imprisonment for 6 months, or
(b) in any other case--50 penalty units (currently, $5,500).
The proposed section re-enacts and consolidates in one section (with some
modifications) the provisions of sections 44 (2)-(4) and 45 (1) and (2) (and
section 45 (4) in its application to these provisions) of the Coroners Act 1980. The
proposed section (unlike the current section) is not limited to the holding of inquests
or inquiries, but extends to coronial proceedings generally.
Clause 76 makes it an offence for a person to publish, without the express
permission of the coroner in coronial proceedings, any of the following matters:
(a) any question asked of a witness that the coroner has forbidden or disallowed,
(b) any warning that a coroner has given to a witness that he or she is not
compelled to answer a question,
(c) any objection made by a witness to giving evidence on the ground that the
evidence may tend to prove that the witness has committed an offence.
The maximum penalty for the offence will be:
(a) in the case of an individual--10 penalty units (currently, $1,100) or
imprisonment for 6 months, or
(b) in any other case--50 penalty units (currently, $5,500).
The proposed section re-enacts (with some modifications) the provisions of
section 45 (3) (and section 45 (4) in its application to section 45 (3)) of the Coroners
Act 1980. The proposed section (unlike the current section) is not limited to the
holding of inquests or inquiries, but extends to coronial proceedings generally.
Clause 77 provides that nothing in proposed Part 6.4 prohibits or prevents:
(a) the publication of a judgment of a court that contains matter the publication of
which would otherwise have been prohibited by the proposed Part, or
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Explanatory note
(b) the publication of matter in such other circumstances as may be prescribed by
the regulations.
There is no comparable provision in the Coroners Act 1980.
Part 6.5 Resolution of coronial proceedings
Clause 78 sets out the procedure to be followed if:
(a) it appears to a coroner who is holding (or who proposes to hold) an inquest or
inquiry concerning a matter that a person has been charged with an indictable
offence in circumstances where the offence raises the issue of whether the
person caused the matter to which the inquest or inquiry relates, or
(b) the coroner holding an inquest or inquiry concerning a matter forms the
opinion from evidence given in the proceedings that there is a reasonable
prospect that a jury would convict a person of an indictable offence in
circumstances where the offence would raise the issue of whether the person
caused the matter to which the inquest or inquiry relates.
The proposed section provides that the functions of a coroner are limited to the
following functions:
(a) in the case of an inquest concerning a death--taking evidence to establish the
death, the identity of the deceased and the date and place of death,
(b) in the case of an inquiry concerning a fire or explosion--taking evidence to
establish the date and place of the fire or explosion,
(c) suspending the inquest or inquiry (and discharging the jury if there is one) after
taking such evidence and forwarding relevant evidence and information to the
Director of Public Prosecutions.
The proposed section substantially re-enacts the provisions of section 19 of the
Coroners Act 1980.
Clause 79 enables a coroner to commence or resume an inquest or inquiry that has
been suspended because of a person being charged with (or there being evidence that
may lead to a person being charged with) an indictable offence if the charge for the
offence has been finally determined or the coroner has been notified that no
proceedings for the offence will be taken.
The proposed section substantially re-enacts the provisions of section 20 of the
Coroners Act 1980.
Clause 80 requires a coroner who is holding an inquest concerning a death or
suspected death of a person to terminate the inquest if it appears to the coroner that
the person has not died or if the jury for an inquest brings in a preliminary verdict to
that effect following the coroner's request for a preliminary verdict. The proposed
section also requires the coroner to make a finding to that effect (if there is no jury)
and record it in writing.
The proposed section substantially re-enacts the provisions of section 21 of the
Coroners Act 1980.
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Explanatory note
Clause 81 requires the coroner holding an inquest or inquiry to record in writing the
coroner's findings or the jury's verdict (if there is a jury) at the conclusion or
suspension of the inquest or inquiry.
The proposed section substantially re-enacts the provisions of section 22 of the
Coroners Act 1980.
Clause 82 enables a coroner who holds an inquest or inquiry (and, if there is a jury,
the jury) to make recommendations in relation to any matter connected with the
death, suspected death, fire or explosion with which the inquest or inquiry is
concerned.
The proposed section re-enacts (with some modifications) the provisions of section
22A of the Coroners Act 1980. The proposed section (unlike the current section) will
require the coroner to forward any such recommendations to:
(a) the State Coroner (unless the coroner is the State Coroner), and
(b) any persons or bodies to which recommendations are directed, and
(c) the Minister, and
(d) any other Minister (if any) that administers legislation, or who is responsible
for the persons or bodies, to which recommendations relate.
Clause 83 provides for the circumstances in which a fresh inquest or inquiry
concerning a matter that was previously the subject of another inquest or inquiry may
be held. The proposed section also requires a fresh inquest or inquiry to be held if an
application for it is made and the State Coroner is of the opinion that it is necessary
or desirable to do so based on new evidence or facts.
The proposed section substantially re-enacts and consolidates in one section the
provisions of sections 23 and 23A of the Coroners Act 1980.
Chapter 7 Powers of Supreme Court
Clause 84 enables the Supreme Court, on the application of the Minister or any other
person, to order that an inquest or inquiry be held if it is satisfied that it is necessary
or desirable to do so in the interests of justice. The proposed section substantially
re-enacts the provisions of section 47 (1) of the Coroners Act 1980.
Clause 85 enables the Supreme Court, on the application of the Minister or any other
person, to quash an inquest or inquiry that has been held (or purportedly held) and
order that a fresh inquest or inquiry be held. The proposed section substantially
re-enacts the provisions of section 47 (2) of the Coroners Act 1980.
Clause 86 requires the Minister to be served with an application for an order made
under the proposed Chapter if the application is made by a person other than the
Minister. The proposed section also provides that the Minister is entitled to be heard
in any application for an order under the proposed Chapter.
Clause 87 requires the State Coroner to be served with any order made by the
Supreme Court under the proposed Chapter. If the order served on the State Coroner
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Explanatory note
requires that an inquest or inquiry is to be held, the State Coroner is required to
arrange for it to be held.
The proposed section re-enacts (with some modifications) the provisions of
section 47 (3)-(6) of the Coroners Act 1980. The proposed section (unlike the current
provisions) places the obligation to ensure that an inquest or inquiry is held pursuant
to an order of the Supreme Court on the State Coroner rather than the Minister.
Chapter 8 Post mortem investigative procedures
Part 8.1 Investigation directions, exhumations and
related matters
Clause 88 provides that regard is to be had to the dignity of a deceased person when
a post mortem examination or other examination or test is conducted on the remains
of the deceased person. The proposed section also provides that if more than one
procedure is available to a person conducting a post mortem examination to establish
the cause and manner of a deceased person's death, the person conducting the
examination is to endeavour to use the least invasive procedures that are appropriate
in the circumstances.
The proposed section substantially re-enacts the provisions of section 53AA of the
Coroners Act 1980 in relation to the provisions concerning the dignity of the
deceased person. The provisions dealing with the use of the least invasive procedures
for a post mortem examination are new provisions for which there are no comparable
provisions in the Coroners Act 1980.
Clause 89 enables a coroner (or an assistant coroner at a coroner's direction) to give
any of the following kinds of directions (a post mortem investigation direction) to
an appropriate medical investigator if the coroner considers that it is necessary or
desirable to do so for the purpose of assisting in the investigation of the death of a
deceased person under the proposed Act:
(a) a direction that a post mortem examination be conducted on the remains of the
deceased person,
(b) a direction that a special examination or test be conducted on the remains, or
the contents of the body, of the deceased person or on such other matters or
things (including tissue obtained before the person's death) specified in the
direction,
(c) a direction that a review of medical records of a deceased person be conducted,
(d) a direction that a new examination, test or review be conducted if it appears to
the coroner that a previous report on an examination, test or review did not
satisfactorily explain the cause of death of a deceased person.
The proposed section defines an appropriate medical investigator to mean any of the
following persons:
(a) a Coronial Medical Officer,
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Explanatory note
(b) a pathologist,
(c) any other person that the coroner considers has appropriate qualifications to
conduct (or has the capacity to arrange for another appropriately qualified
person to conduct) the examination, test or review specified in the direction.
The proposed section makes it clear that the power to give such a direction includes
the power to direct an appropriate medical investigator to arrange for another
appropriately qualified person to carry out the examination, test or review specified
in the direction.
The proposed section also allows a coroner to give a post mortem investigation
direction to an appropriate medical investigator that directs the investigator to
conduct (or arrange for another person to conduct) an examination of human remains
for the purpose of determining whether the remains are those of a stillborn child.
The proposed section requires a person to whom a post mortem investigation
direction is given to provide a written report (a post mortem investigation report) to
the coroner on the results of an examination, test or review.
The proposed section makes it clear that a coroner may dispense with a post mortem
examination if the coroner is satisfied (after obtaining relevant advice from police
officers and medical practitioners and consulting with a senior next of kin of the
deceased person and any other person that the coroner considers appropriate) that:
(a) the deceased person died of natural causes (whether or not the precise cause of
death is known), and
(b) a senior next of kin of the deceased person has indicated to the coroner that it
is not the wish of the deceased person's family that a post mortem examination
be conducted on the deceased to determine the precise cause of the deceased's
death.
The proposed section re-enacts and consolidates in one section (with some
modifications) the provisions of sections 48, 49 and 53B (4) of the Coroners Act
1980. The proposed section differs from the current provisions in the following
respects:
(a) the proposed section does not re-enact the provisions of section 48 (2) and (3)
of the Coroners Act 1980 dealing with the giving of directions to a person who
may have contributed to the death of the deceased person,
(b) section 48 of the Coroners Act 1980 does not include an express provision
enabling a coroner to dispense with a post mortem examination in relation to
a deceased person who died of natural causes,
(c) section 48 does not include an express power to direct that there be a review
of a deceased person's medical records or that an examination or test be
conducted on tissue samples taken from a deceased person before the person's
death,
(d) the proposed section does not re-enact the provisions of section 50 of the
Coroners Act 1980, which make it an offence for a person to whom a direction
is given under section 48, 49 or 53B (4) not to obey the direction.
Explanatory note page 25
Coroners Bill 2009
Explanatory note
Clause 90 authorises the removal, use and retention of certain tissue samples taken
from a deceased person for the purposes of an investigation into the person's death
or proceedings for an offence in connection with that death. The proposed section
makes it clear that whole organs of a deceased person may not be retained under the
proposed section following an order authorising the disposal of the person's remains
without a further order of a coroner. Such an order may be made only if the coroner
is satisfied that the retention of the organ is necessary or desirable to assist in the
investigation of the manner or cause of the deceased person's death.
The proposed section re-enacts (with some modifications) the provisions of section
48AA (1)-(3) of the Coroners Act 1980. The proposed section differs from the
current provisions in the following respects:
(a) the proposed section (unlike the current section) authorises the retention and
use of a tissue sample taken before a person's death where a post mortem
investigation direction requires such a sample to be examined or tested,
(b) the proposed section (unlike the current section) prohibits the retention of
whole organs without further order of a coroner,
(c) the proposed section (unlike the current section) does not contain a definition
of tissue because that definition has been re-located to proposed section 4.
Clause 91 enables a coroner to issue a warrant to a police officer in certain
circumstances for the exhumation of the buried remains of a deceased person for the
purpose of conducting a post mortem examination or other examination or test. The
proposed section substantially re-enacts the provisions of section 53 of the Coroners
Act 1980.
Clause 92 enables the Director-General of the Department of Health to appoint
Coronial Medical Officers for the purposes of the proposed Act.
Section 47A of the Coroners Act 1980 currently provides that the regulations under
that Act may make provision for or with respect to the appointment of medical
practitioners as Coronial Medical Officers. Clause 5 of the Coroners Regulation
2005 currently provides for the Director-General of the Department of Health to
make such appointments. The proposed section does not re-enact the provisions of
section 47A (2) of the Coroners Act 1980 given the extensive general direction
powers conferred on the State Coroner by the proposed Act and the inclusion of
Coronial Medical Officers as appropriate medical investigators for the purposes of
the proposed Act.
Clause 93 requires the payment of fees calculated in accordance with the regulations
to certain medical practitioners and other persons who (at the direction or request of
a coroner) conduct post mortem examinations or other examinations or tests or who
give evidence at inquests about examinations or tests they have conducted.
The proposed section re-enacts (with some modifications) the provisions of
section 52 of the Coroners Act 1980. The modifications reflect changes to the
structure of the public health system resulting from the enactment of the Health
Services Act 1997.
Explanatory note page 26
Coroners Bill 2009
Explanatory note
Clause 94 provides protection from certain civil liability for persons who conduct
examinations, tests or reviews of medical records pursuant to a direction given under
the proposed Act.
The proposed section re-enacts (with some modifications) the provisions of
section 52A of the Coroners Act 1980. The proposed section differs from the current
section because it extends to the review of medical records as well as to examinations
and tests.
Part 8.2 Objections to exercise of post mortem
investigative functions
Clause 95 defines the expression relevant post mortem investigative function for
the purposes of the proposed Part. The expression is defined to mean any of the
following functions of a coroner or assistant coroner:
(a) the function of issuing a post mortem investigation direction for the conduct
of post mortem examinations on deceased persons,
(b) the function of authorising the retention of whole organs of deceased persons
under proposed section 90.
There is no comparable provision in the Coroners Act 1980.
Clause 96 enables a senior next of kin of a deceased person to request that a relevant
post mortem investigative function not be exercised by a coroner or assistant coroner
in relation to the deceased person. The proposed section requires a coroner to give
written notice to the senior next of kin if the coroner decides to proceed with a post
mortem examination or organ retention despite the senior next of kin's objection.
The proposed section re-enacts (with some modifications) the provisions of
section 48A (1)-(5) of the Coroners Act 1980. The proposed section differs from the
current provisions because it extends to the exercise of the function of authorising the
retention of whole organs as well as to the function of issuing directions for the
conduct of post mortem examinations.
Clause 97 enables a senior next of kin of a deceased person who has received written
notice that a coroner has decided to proceed with a post mortem examination or organ
retention despite the senior next of kin's objection to apply to the Supreme Court for
an order to prevent the exercise of the function.
The proposed section re-enacts (with some modifications) the provisions of
section 48A (6)-(8) of the Coroners Act 1980. The proposed section differs from the
current provisions because it extends to the exercise of the function of authorising the
retention of whole organs as well as to the function of issuing directions for the
conduct of post mortem examinations.
Clause 98 enables a senior next of kin of a deceased person to authorise another
person to exercise his or her functions as the senior next of kin under the proposed
Part. The proposed section substantially re-enacts the provisions of section 48A (9)
and (10) of the Coroners Act 1980.
Explanatory note page 27
Coroners Bill 2009
Explanatory note
Clause 99 makes it clear that nothing in the proposed Part prevents a person, other
than a senior next of kin of a deceased person, from objecting to the exercise of a
relevant post mortem investigative function in relation to the deceased person.
The proposed section re-enacts (with some modifications) the provisions of
section 48B of the Coroners Act 1980. The proposed section differs from the current
provisions because it extends to the exercise of the function of authorising the
retention of whole organs as well as to the function of issuing directions for the
conduct of post mortem examinations.
Chapter 9 Disposal of human remains
Clause 100 makes it an offence for a person to bury or cremate human remains, or
place human remains in a mausoleum or other permanent resting place, or cause the
remains to be so buried, cremated or placed, without appropriate authorisation. The
proposed section also makes it an offence for a person to deliver or hand over human
remains for anatomical or medical research, or remove human remains (other than
cremated remains) from the State, or cause such remains to be so delivered, handed
over or removed, without appropriate authorisation. The maximum penalty for both
offences will be 50 penalty units (currently, $5,500).
The proposed section substantially re-enacts the provisions of section 53A (1)-(4) of
the Coroners Act 1980. The proposed section (unlike the current section) does not
contain a definition of stillborn child because that definition has been re-located to
proposed section 4.
Clause 101 enables a coroner, by order in writing, to authorise the disposal of human
remains. The proposed section substantially re-enacts the provisions of section
53B (1)-(3) and (5) of the Coroners Act 1980.
Chapter 10 Miscellaneous
Clause 102 enables the State Coroner:
(a) to request, in writing, the assistance of a person holding a corresponding office
in another State or Territory (or a coroner in another State or Territory) in
connection with the exercise of any power under the proposed Act, and
(b) to assist a person holding a corresponding office in another State or Territory
(or a coroner in another State or Territory), in connection with the exercise of
a power under the law of that State or Territory, at the written request of that
person.
The proposed section substantially re-enacts the provisions of section 54A of the
Coroners Act 1980.
Clause 103 provides for certain provisions of the Local Courts Act 1982 relating to
contempt in proceedings in a Local Court to apply in relation to coronial proceedings.
The proposed section re-enacts (with some modifications) the provisions of
section 43 of the Coroners Act 1980. The proposed section applies to coronial
Explanatory note page 28
Coroners Bill 2009
Explanatory note
proceedings generally, and not simply to inquests and inquiries as does the current
section. The proposed section also makes it clear that an assistant coroner conducting
coronial proceedings must refer contempt matters to a coroner for determination.
Clause 104 enables the Governor to make regulations for the purposes of the
proposed Act. The proposed section substantially re-enacts the provisions of
section 58 of the Coroners Act 1980.
Clause 105 provides for how documents may be served on, or given to, a person for
the purposes of the proposed Act. There is no comparable provision in the Coroners
Act 1980.
Clause 106 provides that proceedings for offences under the proposed Act are to be
dealt with summarily before a Local Court. The proposed section substantially
re-enacts the provisions of section 54 (2) of the Coroners Act 1980.
Clause 107 provides for the circumstances in which directors and managers of
corporations will be taken to be liable for offences committed by corporations under
the proposed Act or regulations.
The proposed section re-enacts (with some modifications) the provisions of
section 45 (5) and (6) of the Coroners Act 1980. The proposed section extends to all
offences under the proposed Act, while the current provisions are limited to offences
involving the contravention of an order made under section 44 (1), (2) or (5) of the
Coroners Act 1980.
Clause 108 repeals the Coroners Act 1980.
Clause 109 provides for the review of the proposed Act in 5 years.
Schedule 1 Provisions relating to coronial officers
Schedule 1 contains general provisions concerning coronial officers, including
provisions dealing with when coronial offices are vacated, remuneration of coronial
officers and the effect of an appointment to a coronial office on other offices held by
the person appointed.
Schedule 2 Savings, transitional and other
provisions
Schedule 2 contains savings, transitional and other provisions consequent on the
enactment of the proposed Act.
The provisions contained in the Schedule include the following:
(a) provisions to continue the appointments of the current State Coroner and
Deputy State Coroners,
(b) provisions to abolish the office of Senior Deputy State Coroner,
(c) provisions to enable current appointed coroners who are Magistrates or
Australian lawyers to continue in office as appointed coroners or, if they are
Explanatory note page 29
Coroners Bill 2009
Explanatory note
not Magistrates or Australian lawyers, to appoint them as assistant coroners
(but only if they are members of staff of the Attorney General's Department),
(d) provisions to enable assistant coroners to continue in office as assistant
coroners (but only if they are members of staff of the Attorney General's
Department),
(e) provisions to enable pending coronial proceedings to be continued and dealt
with under the proposed Act,
(f) provisions to save the effect of certain warrants, subpoenas, directions and
orders issued under the Coroners Act 1980,
(g) provisions that provide for the Coroners Regulation 2005 to be treated as if it
were a regulation made under the proposed Act.
Schedule 3 Consequential amendment of Acts and
Regulations
Schedule 3 makes consequential amendments to the Acts and Regulations specified
in the Schedule.
Schedule 4 Amendments replacing "Coroners Act
1980" with "Coroners Act 2009"
Schedule 4 amends the provisions of the Acts and Regulations specified in the
Schedule by omitting references to "Coroners Act 1980" and replacing them with
references to "Coroners Act 2009".
Explanatory note page 30
First print
New South Wales
Coroners Bill 2009
Contents
Page
Chapter 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Objects of Act 2
4 Definitions 3
5 Meaning of "relative" 4
6 Meaning of "reportable death" 5
Chapter 2 Coronial officers
7 State Coroner and Deputy State Coroners 6
8 Acting State Coroner 6
9 Delegation by State Coroner 7
10 Functions of State Coroner and Deputy State Coroners 7
11 Information to be given to State Coroner 7
12 Coroners 8
b2007-106-94.d19
Coroners Bill 2009
Contents
Page
13 Assistant coroners 8
14 Appointed coroners have full coronial jurisdiction
and functions 9
15 Functions of assistant coroners 9
16 Magistrates have coronial functions by virtue of office 10
Chapter 3 Coronial jurisdiction
Part 3.1 General
17 Coronial jurisdiction generally 11
18 Jurisdiction concerning death requires connection
with the State 11
19 No jurisdiction concerning death or suspected death unless
occurring within last 100 years 12
20 Jurisdiction does not depend on making of report 12
Part 3.2 Inquests concerning deaths
Division 1 General jurisdiction to hold inquests
21 Inquests concerning deaths or suspected deaths 12
Division 2 Exclusive jurisdiction of State Coroner
and Deputy State Coroners
22 Division confers exclusive jurisdiction 12
23 Jurisdiction concerning deaths in custody or as a
result of police operations 13
24 Jurisdiction concerning deaths of children and
disabled persons 13
Division 3 When inquest may be dispensed with
25 Coroner may dispense with inquest unless inquest
required 15
26 Reasons to be given for dispensing with inquest 16
Division 4 When inquest is required to be held
27 General circumstances in which inquest required
to be held 16
28 Minister or State Coroner may direct that inquest
be held 17
29 Direction to hold inquest where coroner has
dispensed with inquest 17
Part 3.3 Inquiries concerning fires and explosions
30 Inquiries concerning fires and explosions 17
Contents page 2
Coroners Bill 2009
Contents
Page
31 Coroner may dispense with inquiry unless
inquiry required 17
32 When inquiry is required to be held 18
Part 3.4 Other provisions concerning exercise of
coronial jurisdiction
33 Coroners who are unavailable to exercise jurisdiction 19
34 Notice of particulars of death to be given to Registrar
of Births, Deaths and Marriages 20
Chapter 4 Reporting of deaths
35 Obligation to report death or suspected death 21
36 State Coroner to inform Ombudsman about certain
child or disability deaths 21
37 State Coroner to report on deaths in custody 22
38 Medical practitioner must not certify cause of death
if death is reportable 22
Chapter 5 Coronial investigation scenes
39 Definitions 24
40 Order establishing coronial investigation scene 24
41 Establishment of coronial investigation scene 25
42 Exercise of powers at coronial investigation scene 25
43 Coronial investigation scene powers 25
44 Obstruction or hindrance of person executing
coronial investigation scene order 26
45 Chapter does not limit other powers 27
Chapter 6 Coronial proceedings
Part 6.1 General
46 Meaning of "coronial proceedings" 28
47 Hearings in coronial proceedings generally to be
open to public 28
48 Coronial proceedings may be conducted with jury only
if State Coroner directs 28
49 Case management directions by coroner 29
50 State Coroner may assume and give directions
concerning exercise of jurisdiction 30
51 Directions concerning investigations 30
52 Practice notes and approval of forms 31
53 Power to obtain documents and things for purposes of
coronial investigation 31
Contents page 3
Coroners Bill 2009
Contents
Page
Part 6.2 Holding inquests and inquiries
54 Time and place of inquest or inquiry 32
55 Coroner may view deceased person's remains or
scene of fire or explosion 33
56 Coroner's right to possession of deceased
person's remains 33
Part 6.3 Representation and evidentiary matters
57 Representation in coronial proceedings 33
58 Rules of procedure and evidence 34
59 Witnesses may be required to give evidence on
oath or affirmation 34
60 Persons granted leave may apply for witness to
be examined 35
61 Privilege in respect of self-incrimination 35
62 Refusal of witness to be examined 36
63 Documentary evidence 37
64 Fresh inquest or inquiry--admission of previous
depositions 37
65 Records of evidence 37
66 Subpoena for appearance or warrant for arrest of
witness 38
67 Form of subpoena 39
68 Manner of service of subpoena 39
69 Arrest warrants for non-appearance in response to
subpoena 41
70 Form of warrant 41
71 Arrest of witness under arrest warrant 41
72 Certain defects immaterial 42
Part 6.4 Disclosure of information
73 Meaning of "published" 42
74 Powers of coroner to clear court and prevent
publication of evidence 43
75 Powers of coroner in relation to reports or proceedings
concerning self-inflicted deaths 43
76 Publication of questions, warnings, objections and
incriminating evidence 45
77 Certain matters not prohibited or prevented 45
Part 6.5 Resolution of coronial proceedings
78 Procedure at inquest or inquiry involving indictable offence 45
79 Procedure following suspension of inquest or inquiry 47
80 Procedure at inquest if finding that person did not die 48
Contents page 4
Coroners Bill 2009
Contents
Page
81 Findings of coroner or jury verdict to be recorded 48
82 Coroner or jury may make recommendations 49
83 When fresh inquests and inquiries may be conducted 49
Chapter 7 Powers of Supreme Court
84 Orders for inquests or inquiries 51
85 Orders for fresh inquests or inquiries 51
86 Notification of application 51
87 State Coroner to be served with orders 51
Chapter 8 Post mortem investigative procedures
Part 8.1 Investigation directions, exhumations and related
matters
88 Dignity of deceased person to be respected 53
89 Coroner may give certain post mortem investigation
directions 53
90 Retention and use of human tissue pursuant
to direction 55
91 Warrant for exhumation of deceased's remains 57
92 Coronial Medical Officers 58
93 Remuneration of medical practitioners and
other persons 58
94 Protection for persons acting under coroner's direction 58
Part 8.2 Objections to exercise of post mortem
investigative functions
95 Meaning of "relevant post mortem investigative function" 59
96 Objections by senior next of kin to exercise of
relevant post mortem investigative functions 59
97 Applications to Supreme Court by senior next of kin 59
98 Senior next of kin may authorise another person
to exercise functions 60
99 Objection to exercise of relevant post mortem
investigative functions by other persons 60
Chapter 9 Disposal of human remains
100 Unauthorised disposal of human remains 62
101 Order authorising disposal of human remains 63
Chapter 10 Miscellaneous
102 Assistance to and from coroners in other jurisdictions 64
Contents page 5
Coroners Bill 2009
Contents
Page
103 Contempt 64
104 Regulations 65
105 Service or giving of documents 65
106 Nature of proceedings for offences 66
107 Offences by corporations 66
108 Repeal of Coroners Act 1980 No 27 66
109 Review of Act 67
Schedule 1 Provisions relating to coronial
officers 68
Schedule 2 Savings, transitional and other
provisions 72
Schedule 3 Consequential amendment of Acts
and Regulations 80
Schedule 4 Amendments replacing "Coroners
Act 1980" with "Coroners Act 2009" 83
Contents page 6
New South Wales
Coroners Bill 2009
No , 2009
A Bill for
An Act to provide for the appointment and functions of coroners and assistant
coroners; to repeal the Coroners Act 1980; and for other purposes.
Clause 1 Coroners Bill 2009
Chapter 1 Preliminary
The Legislature of New South Wales enacts: 1
Chapter 1 Preliminary 2
1 Name of Act 3
This Act is the Coroners Act 2009. 4
2 Commencement 5
(1) This Act commences on a day or days to be appointed by proclamation, 6
except as provided by subsections (2) and (3). 7
(2) Schedule 3.4 [1] commences: 8
(a) if Schedule 1.3 [4] to the Children Legislation Amendment 9
(Wood Inquiry Recommendations) Act 2009 commences on or 10
before the date of assent to this Act--on the date of assent to this 11
Act, or 12
(b) if Schedule 1.3 [4] to the Children Legislation Amendment 13
(Wood Inquiry Recommendations) Act 2009 commences after the 14
date of assent to this Act--on the day on which Schedule 1.3 [4] 15
to that Act commences. 16
(3) Schedule 3.4 [2]-[4] commence: 17
(a) if the Local Courts Act 1982 is repealed on or before the date of 18
assent to this Act--on the date of assent to this Act, or 19
(b) if the Local Courts Act 1982 is repealed after the date of assent to 20
this Act--on the day on which the Local Courts Act 1982 is 21
repealed. 22
3 Objects of Act 23
The objects of this Act are as follows: 24
(a) to provide for the appointment of coronial officers, 25
(b) to provide that Magistrates are coroners by virtue of office, 26
(c) to enable coroners to investigate certain kinds of deaths or 27
suspected deaths in order to determine the identities of the 28
deceased persons, the times and dates of their deaths and the 29
manner and cause of their deaths, 30
(d) to enable coroners to investigate fires and explosions that destroy 31
or damage property within the State in order to determine the 32
causes and origins of (and in some cases, the general 33
circumstances concerning) such fires and explosions, 34
(e) to enable coroners to make recommendations in relation to 35
matters in connection with an inquest or inquiry (including 36
Page 2
Coroners Bill 2009 Clause 4
Preliminary Chapter 1
recommendations concerning public health and safety and the 1
investigation or review of matters by persons or bodies), 2
(f) to provide for certain kinds of deaths or suspected deaths to be 3
reported and to prevent death certificates being issued in relation 4
to certain reportable deaths, 5
(g) to prohibit the disposal of human remains without appropriate 6
authority. 7
4 Definitions (cf Coroners Act 1980, s 4) 8
(1) In this Act: 9
adult means an individual who is aged 18 years old or older. 10
Australian law has the same meaning as it has in the Evidence Act 1995. 11
civil penalty has the same meaning as it has in the Evidence Act 1995. 12
Coronial Medical Officer means a medical practitioner appointed 13
under section 92. 14
coronial proceedings--see section 46. 15
exercise a function includes perform a duty. 16
function includes a power, authority or duty. 17
inquest means an inquest concerning the death or suspected death of a 18
person. 19
inquiry means an inquiry concerning a fire or explosion. 20
place includes any land, building, mine, ship, vehicle or aircraft or any 21
other vessel or vehicle. 22
post mortem investigation direction--see section 89. 23
post mortem investigation report--see section 89 (7). 24
practice note means a practice note issued under section 52. 25
relative, in relation to a person who has or is suspected to have died-- 26
see section 5. 27
remains of a deceased person means the body or the remains of the body 28
(or any part of the body or remains of the body) of the person. 29
reportable death--see section 6. 30
senior coroner--see section 22 (1). 31
senior next of kin of a deceased person means: 32
(a) the deceased person's spouse, or 33
(b) if the deceased person did not have a spouse or a spouse is not 34
available--any of the deceased person's children who are adults, 35
or 36
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Clause 5 Coroners Bill 2009
Chapter 1 Preliminary
(c) if the deceased person did not have a spouse or child or a spouse 1
or child is not available--either of the deceased person's parents, 2
or 3
(d) if the deceased person did not have a spouse, child or living 4
parent or a spouse, child or parent is not available--any of the 5
deceased person's brothers or sisters who are adults, or 6
(e) if the deceased person did not have a spouse, child, living parent, 7
brother or sister or a spouse, child, parent, brother or sister is not 8
available: 9
(i) any person who is named as an executor in the deceased 10
person's will, or 11
(ii) any person who was the deceased person's legal personal 12
representative immediately before the deceased person's 13
death. 14
spouse means: 15
(a) a husband or wife, or 16
(b) the other party to a de facto relationship within the meaning of the 17
Property (Relationships) Act 1984, 18
but where more than one person would so qualify as a spouse, means 19
only the last person so to qualify. 20
stillbirth and stillborn child have the same meanings as in the Births, 21
Deaths and Marriages Registration Act 1995. 22
the State means the State of New South Wales. 23
tissue includes an organ, or part, of a human body and a substance 24
extracted from, or from a part of, a human body (including bodily fluid). 25
whole organ of a deceased person means the whole or a substantial part 26
of a visibly recognisable structural unit of the person's body. 27
(2) Notes included in this Act do not form part of this Act. 28
Note. For the purposes of comparison, a number of provisions of this Act 29
contain bracketed notes in headings drawing attention ("cf") to equivalent or 30
comparable (though not necessarily identical) provisions of the Coroners Act 31
1980 as in force immediately before its repeal by this Act. 32
5 Meaning of "relative" (cf Coroners Act 1980, s 4 (1) and (5)) 33
(1) For the purposes of this Act, a relative, in relation to a person who has 34
or is suspected to have died, is an adult who is: 35
(a) the spouse of that person, a parent of that person, a person who 36
stands in loco parentis to that person, a guardian of that person or 37
a child of that person, or 38
(b) if there is no relative, as defined in paragraph (a), of that person-- 39
a brother or sister of that person. 40
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Coroners Bill 2009 Clause 6
Preliminary Chapter 1
(2) A reference in subsection (1) (a): 1
(a) to the child of a person includes, where the person was in a 2
domestic relationship within the meaning of the Property 3
(Relationships) Act 1984, a reference to a person who was, by 4
virtue of section 5 of that Act, a child of the parties to the 5
relationship, and 6
(b) to a parent includes a reference to a party to such a domestic 7
relationship of which the deceased, or suspected deceased, was 8
by virtue of section 5 of the Property (Relationships) Act 1984, a 9
child. 10
6 Meaning of "reportable death" (cf Coroners Act 1980, ss 12B (1) (a)-(g) and 11
13 (1) (a)-(c), (e)-(h) and (2)) 12
(1) For the purposes of this Act, a person's death is a reportable death if the 13
death occurs in any of the following circumstances: 14
(a) the person died a violent or unnatural death, 15
(b) the person died a sudden death the cause of which is unknown, 16
(c) the person died under suspicious or unusual circumstances, 17
(d) the person died in circumstances where the person had not been 18
attended by a medical practitioner during the period of 6 months 19
immediately before the person's death, 20
(e) the person died in circumstances where the person's death was 21
not the reasonably expected outcome of a health-related 22
procedure carried out in relation to the person, 23
(f) the person died while in or temporarily absent from a declared 24
mental health facility within the meaning of the Mental Health 25
Act 2007 and while the person was a resident at the facility for the 26
purpose of receiving care, treatment or assistance. 27
(2) A reference to a medical practitioner in subsection (1) includes a 28
reference to a person authorised to practise as a medical practitioner 29
under a law of another State or a Territory. 30
(3) In this section: 31
health-related procedure means a medical, surgical, dental or other 32
health-related procedure (including the administration of an 33
anaesthetic, sedative or other drug), but does not include any procedure 34
of a kind prescribed by the regulations as being an excluded procedure. 35
Page 5
Clause 7 Coroners Bill 2009
Chapter 2 Coronial officers
Chapter 2 Coronial officers 1
7 State Coroner and Deputy State Coroners (cf Coroners Act 1980, s 4A (1)-(3), 2
(5) and (7)) 3
(1) The Governor may appoint any qualified person to be the State Coroner 4
or a Deputy State Coroner. 5
(2) A person is qualified to be appointed as the State Coroner or a Deputy 6
State Coroner only if the person is a Magistrate. 7
(3) An appointment is to be made by the commission of the person's 8
appointment as a Magistrate or by a subsequent commission under the 9
public seal of the State. 10
(4) More than one person may hold the office of Deputy State Coroner at 11
any one time. 12
(5) The State Coroner or a Deputy State Coroner holds office for such 13
period (not exceeding 5 years) as may be specified in the commission 14
that appointed the State Coroner or Deputy State Coroner to the office, 15
but is eligible (if otherwise qualified) for re-appointment. 16
(6) The State Coroner has, while holding office as such, the same status as 17
a Deputy Chief Magistrate. 18
(7) The State Coroner and a Deputy State Coroner are coroners for the 19
purposes of this Act. 20
(8) Parts 1 and 3 of Schedule 1 contain general provisions dealing with the 21
vacation of the office of State Coroner or a Deputy State Coroner, 22
remuneration and the effect of an appointment to such offices on other 23
offices held by the person appointed. 24
8 Acting State Coroner (cf Coroners Act 1980, s 4F (1A) and (2)) 25
(1) The Minister may appoint a Deputy State Coroner to be Acting State 26
Coroner during the absence from duty of the State Coroner. 27
(2) The Minister may make any appointment for a particular absence or for 28
any absence that occurs from time to time. 29
(3) An Acting State Coroner has the functions of the State Coroner and, for 30
the purposes of this or any other Act or law, is taken to be the State 31
Coroner. 32
(4) In this section, absence from duty includes a vacancy in the office of 33
State Coroner. 34
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Coroners Bill 2009 Clause 9
Coronial officers Chapter 2
9 Delegation by State Coroner (cf Coroners Act 1980, s 4E) 1
(1) The State Coroner may delegate to a Deputy State Coroner or to another 2
coroner the exercise of any of the State Coroner's functions under this 3
Act, except as provided by subsection (2). 4
Note. Section 49 of the Interpretation Act 1987 contains general provisions 5
relating to the delegation of functions. 6
(2) The State Coroner may not: 7
(a) delegate the power of delegation conferred by subsection (1), or 8
(b) delegate to a coroner who is not a Deputy State Coroner the 9
exercise of any jurisdiction conferred or imposed on the State 10
Coroner by Division 2 of Part 3.2. 11
10 Functions of State Coroner and Deputy State Coroners (cf Coroners Act 12
1980, ss 4D and 4F (1)) 13
(1) The functions of the State Coroner are: 14
(a) to oversee and co-ordinate coronial services in the State, and 15
(b) to ensure that all deaths, suspected deaths, fires and explosions 16
concerning which a coroner has jurisdiction to hold an inquest or 17
inquiry are properly investigated, and 18
(c) to ensure that an inquest or inquiry is held whenever it is required 19
by this Act to be held or it is, in the State Coroner's opinion, 20
desirable that it be held, and 21
(d) to issue guidelines to coroners to assist them in the exercise or 22
performance of their functions, and 23
(e) to exercise such other functions as are conferred or imposed on 24
the State Coroner by or under this or any other Act. 25
(2) The State Coroner is, in the exercise of a function under this section, 26
subject to the control and direction of the Chief Magistrate. 27
(3) The functions of a Deputy State Coroner are: 28
(a) to exercise any functions delegated to the Deputy State Coroner 29
by the State Coroner, and 30
(b) to exercise such other functions as are conferred or imposed on a 31
Deputy State Coroner by or under this or any other Act. 32
11 Information to be given to State Coroner (cf Coroners Act 1980, s 4G (1)) 33
The State Coroner may issue general directions to coroners requiring 34
them to give to the State Coroner information they receive concerning 35
deaths, suspected deaths, fires or explosions. 36
Page 7
Clause 12 Coroners Bill 2009
Chapter 2 Coronial officers
12 Coroners (cf Coroners Act 1980, ss 5 and 6) 1
(1) The Governor may, by instrument in writing on the recommendation of 2
the Minister, appoint any qualified person to be a coroner. 3
(2) A person is qualified to be appointed as a coroner only if the person is 4
an Australian lawyer. 5
(3) An instrument of appointment may provide that the person appointed as 6
a coroner is appointed for such period (if any) as may be specified in the 7
instrument. 8
(4) A person who is aged 72 years old or older may not be appointed as a 9
coroner unless: 10
(a) the Minister recommends to the Governor that the person's 11
appointment is appropriate, and 12
(b) the appointment is made for such term (not exceeding 3 years) as 13
is specified in the person's instrument of appointment. 14
(5) A coroner appointed as provided by subsection (4) is eligible for 15
re-appointment from time to time as provided by that subsection. 16
(6) The Governor may, for any cause that seems to the Governor sufficient, 17
remove any coroner appointed under this section from office. 18
(7) Parts 2 and 3 of Schedule 1 contain general provisions dealing with the 19
vacation of the office of a coroner appointed under this section, 20
remuneration and the effect of an appointment to such an office on other 21
offices held by the person appointed. 22
13 Assistant coroners (cf Coroners Act 1980, s 5A (1) and (2)) 23
(1) The Minister may, by instrument in writing, appoint any member of 24
staff of the Attorney General's Department to be an assistant coroner. 25
(2) An instrument of appointment may provide that the person appointed as 26
an assistant coroner is appointed for such period (if any) as may be 27
specified in the instrument. 28
(3) The Minister may, for any cause that seems to the Minister sufficient, 29
remove any assistant coroner from office. 30
(4) Parts 2 and 3 of Schedule 1 contain general provisions dealing with the 31
vacation of the office of an assistant coroner, remuneration and the 32
effect of an appointment to such an office on other offices held by the 33
person appointed. 34
Page 8
Coroners Bill 2009 Clause 14
Coronial officers Chapter 2
14 Appointed coroners have full coronial jurisdiction and functions (cf 1
Coroners Act 1980, s 8) 2
A coroner appointed under this Act: 3
(a) has all the jurisdiction and functions conferred or imposed on 4
coroners by or under this Act, but 5
(b) does not have any of the jurisdiction or functions of the State 6
Coroner or a Deputy State Coroner unless appointed to such an 7
office under this Act. 8
15 Functions of assistant coroners (cf Coroners Act 1980, s 9) 9
(1) An assistant coroner has the following functions: 10
(a) the function of providing administrative assistance to a coroner 11
under the control and direction of the coroner, 12
(b) such of the following functions as may be delegated in writing to 13
the assistant coroner by the State Coroner: 14
(i) the function of issuing orders for the disposal of the 15
remains of deceased persons, 16
(ii) the function of issuing post mortem investigation 17
directions, 18
(iii) the function of dispensing with the holding of inquests if 19
death results from natural causes, 20
(iv) the function of dispensing with the holding of inquiries if 21
a fire or explosion does not occur in suspicious 22
circumstances, 23
(v) the function of dispensing with the holding of inquiries if 24
a fire involved only a motor vehicle, 25
(c) such other functions as may be conferred or imposed on an 26
assistant coroner by or under this or any other Act. 27
Note. Section 49 of the Interpretation Act 1987 contains general provisions 28
relating to the delegation of functions. 29
(2) An assistant coroner cannot hold an inquest or inquiry and the function 30
of holding an inquest or inquiry cannot be delegated to an assistant 31
coroner by the State Coroner. 32
(3) This section does not authorise an assistant coroner to exercise any 33
function conferred or imposed on a coroner, except as specifically 34
provided for by delegation under this section or by this or any other Act. 35
Page 9
Clause 16 Coroners Bill 2009
Chapter 2 Coronial officers
16 Magistrates have coronial functions by virtue of office (cf Coroners Act 1
1980, ss 6A (4) and 10) 2
(1) A Magistrate who has not been appointed to any of the offices of State 3
Coroner, Deputy State Coroner or coroner under this Act: 4
(a) has, by virtue of his or her office as a Magistrate, all of the 5
jurisdiction and functions that are conferred or imposed on 6
coroners by or under this or any other Act, and 7
(b) is taken to be a coroner, 8
but does not have any of the jurisdiction or functions of the State 9
Coroner or a Deputy State Coroner. 10
(2) A Magistrate who is taken to be a coroner by reason of the operation of 11
subsection (1) ceases to have the jurisdiction and functions of a coroner, 12
and ceases to be taken to be a coroner, on ceasing to be a Magistrate. 13
(3) Despite anything to the contrary in this Act, the Chief Magistrate may 14
(but need not) comply with any direction given by the State Coroner 15
under this Act in relation to the exercise by the Chief Magistrate of any 16
function conferred or imposed on the Chief Magistrate by operation of 17
subsection (1). 18
Page 10
Coroners Bill 2009 Clause 17
Coronial jurisdiction Chapter 3
General Part 3.1
Chapter 3 Coronial jurisdiction 1
Part 3.1 General 2
17 Coronial jurisdiction generally 3
(1) In this Chapter: 4
(a) Part 3.2 confers jurisdiction on coroners to hold inquests 5
concerning certain deaths and suspected deaths of persons, and 6
(b) Part 3.3 confers jurisdiction on coroners to hold inquiries 7
concerning certain fires and explosions that do not involve deaths 8
or suspected deaths, and 9
(c) Part 3.4 deals with miscellaneous matters relating to the exercise 10
of any such jurisdiction. 11
(2) Subject to this Act, the jurisdiction conferred by this Chapter extends to 12
deaths, suspected deaths, fires and explosions occurring before the 13
commencement of this section. 14
Note. Section 19 provides that there is no jurisdiction to hold an inquest 15
concerning a death or suspected death if it occurred more than 100 years ago. 16
Also, Part 2 of Schedule 2 makes savings and transitional arrangements in 17
connection with inquests and inquiries concerning deaths, suspected deaths, 18
fires and explosions occurring before the commencement of this Act. 19
18 Jurisdiction concerning death requires connection with the State (cf 20
Coroners Act 1980, s 13C) 21
(1) A coroner does not have jurisdiction to hold an inquest concerning a 22
death or suspected death unless it appears to the coroner that: 23
(a) the remains of the person are in the State, or 24
(b) the death or suspected death or the cause of the death or of the 25
suspected death occurred in the State, or 26
(c) the death or suspected death occurred outside the State but the 27
person had a sufficient connection with the State, as referred to in 28
subsection (2). 29
(2) A person had a sufficient connection with the State if the person: 30
(a) was ordinarily resident in the State when the death or suspected 31
death occurred, or 32
(b) was, when the death or suspected death occurred, in the course of 33
a journey to or from some place in the State, or 34
(c) was last at some place in the State before the circumstances of his 35
or her death or suspected death arose. 36
Page 11
Clause 19 Coroners Bill 2009
Chapter 3 Coronial jurisdiction
Part 3.2 Inquests concerning deaths
19 No jurisdiction concerning death or suspected death unless occurring 1
within last 100 years (cf Coroners Act 1980, s 13B) 2
A coroner does not have jurisdiction to hold an inquest concerning a 3
death or suspected death unless it appears to the coroner that (or that 4
there is reasonable cause to suspect that) the death or suspected death 5
occurred within the last 100 years. 6
20 Jurisdiction does not depend on making of report 7
Any jurisdiction of a coroner to hold an inquest concerning a death or 8
suspected death, or an inquiry concerning a fire or explosion, arises 9
even if the death, suspected death, fire or explosion has not been 10
reported to a coroner or other person in accordance with a requirement 11
to do so under this Act. 12
Part 3.2 Inquests concerning deaths 13
Division 1 General jurisdiction to hold inquests 14
21 Inquests concerning deaths or suspected deaths (cf Coroners Act 1980, 15
s 13) 16
(1) A coroner has jurisdiction to hold an inquest concerning the death or 17
suspected death of a person if it appears to the coroner that: 18
(a) the person's death is (or there is reasonable cause to suspect that 19
the person's death is) a reportable death, or 20
(b) a medical practitioner has not given (or there is reasonable cause 21
to suspect that a medical practitioner has not given) a certificate 22
as to the cause of death. 23
(2) The reference to a medical practitioner in subsection (1) (b) includes, if 24
it appears to the coroner that the death or suspected death occurred at a 25
place outside the State, a reference to a person entitled under the law in 26
force in that place to issue a certificate as to the cause of death. 27
Division 2 Exclusive jurisdiction of State Coroner and 28
Deputy State Coroners 29
22 Division confers exclusive jurisdiction (cf Coroners Act 1980, ss 13A (2) and 30
13AB (2)) 31
(1) The jurisdiction conferred by this Division is conferred exclusively on 32
any coroner who holds office as the State Coroner or a Deputy State 33
Coroner (a senior coroner). 34
Page 12
Coroners Bill 2009 Clause 23
Coronial jurisdiction Chapter 3
Inquests concerning deaths Part 3.2
(2) If jurisdiction to hold an inquest concerning a death or suspected death 1
arises both under this Division and Division 1, an inquest concerning 2
the death or suspected death may be held only by a senior coroner. 3
23 Jurisdiction concerning deaths in custody or as a result of police 4
operations (cf Coroners Act 1980, s 13A (1)) 5
A senior coroner has jurisdiction to hold an inquest concerning the 6
death or suspected death of a person if it appears to the coroner that the 7
person has died (or that there is reasonable cause to suspect that the 8
person has died): 9
(a) while in the custody of a police officer or in other lawful custody, 10
or 11
(b) while escaping, or attempting to escape, from the custody of a 12
police officer or other lawful custody, or 13
(c) as a result of, or in the course of, police operations, or 14
(d) while in, or temporarily absent from, any of the following 15
institutions or places of which the person was an inmate: 16
(i) a detention centre within the meaning of the Children 17
(Detention Centres) Act 1987, 18
(ii) a correctional centre within the meaning of the Crimes 19
(Administration of Sentences) Act 1999, 20
(iii) a lock-up, or 21
(e) while proceeding to an institution or place referred to in 22
paragraph (d), for the purpose of being admitted as an inmate of 23
the institution or place and while in the company of a police 24
officer or other official charged with the person's care or custody. 25
24 Jurisdiction concerning deaths of children and disabled persons (cf 26
Coroners Act 1980, s 13AB (1), (3) and (4)) 27
(1) A senior coroner has jurisdiction to hold an inquest concerning the 28
death or suspected death of a person if it appears to the coroner that the 29
person was (or that there is reasonable cause to suspect that the person 30
was): 31
(a) a child in care, or 32
(b) a child in respect of whom a report was made under Part 2 of 33
Chapter 3 of the Children and Young Persons (Care and 34
Protection) Act 1998 within the period of 3 years immediately 35
preceding the child's death, or 36
(c) a child who is a sibling of a child in respect of whom a report was 37
made under Part 2 of Chapter 3 of the Children and Young 38
Persons (Care and Protection) Act 1998 within the period of 39
3 years immediately preceding the child's death, or 40
Page 13
Clause 24 Coroners Bill 2009
Chapter 3 Coronial jurisdiction
Part 3.2 Inquests concerning deaths
(d) a child whose death is or may be due to abuse or neglect or that 1
occurs in suspicious circumstances, or 2
(e) a person (whether or not a child) who, at the time of the person's 3
death, was living in, or was temporarily absent from, residential 4
care provided by a service provider and authorised or funded 5
under the Disability Services Act 1993 or a residential centre for 6
disabled persons, or 7
(f) a person (other than a child in care) who is in a target group 8
within the meaning of the Disability Services Act 1993 who 9
receives from a service provider assistance (of a kind prescribed 10
by the regulations) to enable the person to live independently in 11
the community. 12
(2) If jurisdiction to hold an inquest concerning the death of a child arises 13
under this section or section 23, the senior coroner must use his or her 14
best endeavours to notify the following persons of any right that they 15
have to legal representation at the inquest: 16
(a) the persons having parental responsibility for the child, 17
(b) the child's parents (if they do not have that responsibility), 18
(c) such family members as would be reasonably expected to have an 19
immediate interest in the outcome of the inquest. 20
(3) In this section: 21
child means a person who is less than 18 years old. 22
child in care means a child or young person who is less than 18 years 23
old: 24
(a) who is under the parental responsibility of the Minister 25
administering the Children and Young Persons (Care and 26
Protection) Act 1998, or 27
(b) for whom the Director-General of the Department of Community 28
Services or a designated agency has the care responsibility under 29
section 49 of the Children and Young Persons (Care and 30
Protection) Act 1998, or 31
(c) who is a protected person within the meaning of section 135 of 32
the Children and Young Persons (Care and Protection) Act 1998, 33
or 34
(d) who is the subject of an out-of-home care arrangement under the 35
Children and Young Persons (Care and Protection) Act 1998, or 36
(e) who is the subject of a sole parental responsibility order under 37
section 149 of the Children and Young Persons (Care and 38
Protection) Act 1998, or 39
(f) who is otherwise in the care of a service provider. 40
Page 14
Coroners Bill 2009 Clause 25
Coronial jurisdiction Chapter 3
Inquests concerning deaths Part 3.2
parental responsibility, in relation to a child or young person, means all 1
the duties, powers, responsibilities and authority that, by law, parents 2
have in relation to their children. 3
residential centre for disabled persons means: 4
(a) premises declared to be a residential centre for handicapped 5
persons under section 3A of the Youth and Community Services 6
Act 1973, or 7
(b) premises licensed under Part 3 of the Youth and Community 8
Services Act 1973, 9
but does not include premises exempted under that Act from the 10
requirement to be licensed. 11
service provider has the same meaning as it has in the Community 12
Services (Complaints, Reviews and Monitoring) Act 1993. 13
Division 3 When inquest may be dispensed with 14
25 Coroner may dispense with inquest unless inquest required (cf Coroners 15
Act 1980, s 14) 16
(1) A coroner who has jurisdiction to hold an inquest concerning the death 17
or suspected death of a person may dispense with the inquest unless an 18
inquest is required to be held under this Part. 19
(2) Without limiting subsection (1), a coroner who has jurisdiction to hold 20
an inquest concerning the death of a person may dispense with the 21
inquest if the coroner is satisfied (after obtaining relevant advice from 22
police officers and medical practitioners and consulting with a senior 23
next of kin of the deceased person and any other person that the coroner 24
considers appropriate) that: 25
(a) the deceased person died of natural causes (whether or not the 26
precise cause of death is known), and 27
(b) a senior next of kin of the deceased person has indicated to the 28
coroner that it is not the wish of the deceased person's family that 29
a post mortem examination be conducted on the deceased to 30
determine the precise cause of the deceased's death. 31
(3) A coroner who has previously dispensed with the holding of an inquest 32
concerning a death or suspected death may subsequently hold an inquest 33
concerning the death or suspected death if the coroner is of the opinion 34
that the discovery of new evidence or facts makes it necessary or 35
desirable in the interests of justice to hold the inquest. 36
Page 15
Clause 26 Coroners Bill 2009
Chapter 3 Coronial jurisdiction
Part 3.2 Inquests concerning deaths
26 Reasons to be given for dispensing with inquest (cf Coroners Act 1980, 1
s 14D) 2
(1) A coroner who dispenses with an inquest must, on request by any of the 3
following persons, give the person the coroner's written reasons for 4
dispensing with an inquest: 5
(a) the State Coroner, 6
(b) the Minister, 7
(c) any person who, in the opinion of the coroner, has a sufficient 8
interest of any kind in the circumstances of the death or suspected 9
death. 10
(2) A coroner who refuses a request to give reasons because the person 11
making it does not, in the opinion of the coroner, have a sufficient 12
interest of any kind in the circumstances of the death or suspected death, 13
is required, at the written request of the person, to give the person the 14
reasons for the refusal. 15
Division 4 When inquest is required to be held 16
27 General circumstances in which inquest required to be held (cf Coroners 17
Act 1980, s 14B) 18
(1) An inquest concerning the death or suspected death of a person is 19
required to be held in any of the following circumstances: 20
(a) if it appears to the coroner concerned that the person died or 21
might have died as a result of homicide (not including suicide), 22
(b) if the jurisdiction to hold the inquest arises under section 23, 23
(c) if it appears to the coroner concerned that: 24
(i) it has not been sufficiently disclosed whether the person 25
has died, or 26
(ii) the person's identity and the date and place of the person's 27
death have not been sufficiently disclosed, 28
(d) if it appears to the coroner concerned that the manner and cause 29
of the person's death have not been sufficiently disclosed (unless 30
the case is one in which an inquest has been suspended or 31
continued under section 78). 32
(2) An inquest is not required to be held under this section if it appears to 33
the coroner concerned that an inquest or other official inquiry 34
concerning the death or suspected death has been held, or is to be held, 35
outside the State. 36
Page 16
Coroners Bill 2009 Clause 28
Coronial jurisdiction Chapter 3
Inquiries concerning fires and explosions Part 3.3
28 Minister or State Coroner may direct that inquest be held (cf Coroners Act 1
1980, s 14A) 2
An inquest is required to be held if the Minister or the State Coroner 3
directs that it be held. 4
29 Direction to hold inquest where coroner has dispensed with inquest (cf 5
Coroners Act 1980, s 14E) 6
(1) If a coroner has dispensed with an inquest, the State Coroner may (after 7
considering the coroner's reasons for dispensing with the inquest and 8
any other matters that the State Coroner considers relevant) direct a 9
coroner to hold the inquest if the State Coroner is of the opinion that an 10
inquest should nonetheless be held. 11
(2) An inquest is to be held in accordance with the direction. 12
(3) The State Coroner is not to give such a direction to a coroner who is a 13
Magistrate (other than the coroner who dispensed with the holding of 14
the inquest) without the Chief Magistrate's consent. 15
(4) The State Coroner may hold the inquest instead of directing another 16
coroner to hold the inquest. 17
Part 3.3 Inquiries concerning fires and explosions 18
30 Inquiries concerning fires and explosions (cf Coroners Act 1980, s 15 (1)) 19
(1) A coroner has jurisdiction to hold an inquiry concerning the cause and 20
origin of a fire or explosion if the coroner is satisfied that the fire or 21
explosion has destroyed or damaged any property within the State. 22
(2) A coroner has jurisdiction to hold a general inquiry concerning a fire or 23
explosion that has destroyed or damaged any property within the State, 24
but only if the State Coroner gives a direction under this Part that such 25
a general inquiry be held. 26
(3) The jurisdiction of a coroner to hold a general inquiry concerning a fire 27
or explosion extends to the examination of all of the circumstances 28
concerning the fire or explosion (including, but not limited to, an 29
examination of its cause and origin). 30
31 Coroner may dispense with inquiry unless inquiry required (cf Coroners 31
Act 1980, ss 15 (2) and 15A (1)) 32
(1) A coroner who has jurisdiction to hold an inquiry concerning a fire or 33
explosion may, unless an inquiry is required to be held under this Part, 34
dispense with the inquiry if the coroner is of the opinion that: 35
(a) the cause and origin of the fire or explosion are sufficiently 36
disclosed, or 37
Page 17
Clause 32 Coroners Bill 2009
Chapter 3 Coronial jurisdiction
Part 3.3 Inquiries concerning fires and explosions
(b) an inquiry into the cause and origin of the fire or explosion is 1
unnecessary. 2
(2) A coroner who dispenses with the holding of an inquiry must, if 3
requested to do so by the State Coroner, give the State Coroner written 4
reasons for doing so. 5
(3) A coroner who has previously dispensed with the holding of an inquiry 6
concerning a fire or explosion may subsequently hold an inquiry 7
concerning the fire or explosion if the coroner is of the opinion that the 8
discovery of new evidence or facts makes it necessary or desirable in the 9
interests of justice to hold the inquiry. 10
32 When inquiry is required to be held (cf Coroners Act 1980, ss 15 (3), 11
15A (2)-(5) and 15B) 12
(1) Inquiries limited to investigating causes and origins 13
A coroner is required to hold an inquiry concerning the cause and origin 14
of a fire or explosion that has destroyed or damaged property within the 15
State if: 16
(a) the coroner has been requested to hold the inquiry by an 17
authorised public official, or 18
(b) the State Coroner gives a direction under this section that the 19
coroner hold the inquiry. 20
(2) The State Coroner may direct that a coroner hold an inquiry concerning 21
the cause and origin of a fire or explosion that has destroyed or damaged 22
property within the State if: 23
(a) in the case where a coroner has dispensed with the holding of an 24
inquiry--the State Coroner, after considering the coroner's 25
reasons for dispensing with the inquiry and any other matters that 26
the State Coroner considers relevant, is of the opinion that an 27
inquiry should nonetheless be held, or 28
(b) in any other case--the State Coroner is of the opinion that the 29
inquiry should be held. 30
(3) General inquiries 31
A coroner is required to hold a general inquiry concerning a fire or 32
explosion that has destroyed or damaged property within the State if the 33
State Coroner gives a direction under this section for such a general 34
inquiry to be held. 35
Page 18
Coroners Bill 2009 Clause 33
Coronial jurisdiction Chapter 3
Other provisions concerning exercise of coronial jurisdiction Part 3.4
(4) The State Coroner must direct that a coroner hold a general inquiry 1
concerning a fire or explosion that has destroyed or damaged property 2
within the State if: 3
(a) an authorised public official has made a request to the State 4
Coroner for a general inquiry to be held, or 5
(b) the State Coroner is of the opinion that a general inquiry should 6
be held. 7
(5) General provisions relating to directions 8
An inquiry is to be held in accordance with the direction. 9
(6) The State Coroner is not to give such a direction to a coroner who is a 10
Magistrate (other than a coroner who dispensed with the holding of the 11
inquiry) without the Chief Magistrate's consent. 12
(7) The State Coroner may hold the inquiry instead of directing another 13
coroner to hold the inquiry. 14
(8) Definition 15
In this section: 16
authorised public official, in relation to an inquiry concerning a fire or 17
explosion, means any of the following persons: 18
(a) if the fire or explosion occurred in a fire district within the 19
meaning of the Fire Brigades Act 1989--the Commissioner of 20
New South Wales Fire Brigades, 21
(b) if the fire is a bush fire within the meaning of the Rural Fires Act 22
1997--the Commissioner of the NSW Rural Fire Service, 23
(c) the Minister. 24
Part 3.4 Other provisions concerning exercise of 25
coronial jurisdiction 26
33 Coroners who are unavailable to exercise jurisdiction (cf Coroners Act 27
1980, s 16) 28
(1) If a coroner is unavailable to hold an inquest or inquiry concerning a 29
death, suspected death, fire or explosion of which the coroner has been 30
informed, the coroner may, with the consent of another coroner (and 31
subject to any direction given by the State Coroner under this section), 32
refer the matter to the other coroner to be dealt with. 33
(2) If the State Coroner is satisfied that a coroner is unavailable to hold an 34
inquest or inquiry concerning a death, suspected death, fire or explosion 35
of which the coroner has been informed, the State Coroner may direct 36
that another coroner hold the inquest or inquiry. 37
Page 19
Clause 34 Coroners Bill 2009
Chapter 3 Coronial jurisdiction
Part 3.4 Other provisions concerning exercise of coronial jurisdiction
(3) The State Coroner is not to give such a direction to a coroner who is a 1
Magistrate without the Chief Magistrate's consent. 2
(4) For the purposes of this section, a coroner is unavailable to hold an 3
inquest or inquiry concerning a matter if he or she is unable to act as a 4
coroner in relation to the matter because of any of the following reasons: 5
(a) illness, 6
(b) absence from the place where the coroner ordinarily acts as 7
coroner, 8
(c) the coroner is unable or unwilling to deal with the matter for any 9
other non-jurisdictional reason. 10
(5) This section does not apply in relation to a coroner who, under this Act, 11
dispenses with the holding of an inquest or inquiry. 12
34 Notice of particulars of death to be given to Registrar of Births, Deaths 13
and Marriages (cf Coroners Act 1980, s 16A) 14
(1) A coroner must, for the purpose of enabling registration of the death of 15
a person to be effected or completed, give written notice to the Registrar 16
of Births, Deaths and Marriages of such particulars as are known to the 17
coroner relating to the death of the person if the coroner: 18
(a) holds an inquest concerning the death, or 19
(b) dispenses with the holding of an inquest concerning the death, or 20
(c) suspends an inquest concerning the death. 21
(2) If a coroner is satisfied (whether before or during an inquest concerning 22
the death of a person) that there will be a delay in concluding the inquest 23
and that the coroner is able, on the basis of such evidence as the coroner 24
considers sufficient, to determine the particulars relating to the death of 25
the person, the coroner may, for the purpose of enabling registration of 26
the death of the person to be effected or completed, make that 27
determination and give written notice of the determination to the 28
Registrar of Births, Deaths and Marriages. 29
(3) A notice under this section must not include any matter that 30
incriminates any person. 31
(4) For the purposes of this section, particulars relating to the death of a 32
person are: 33
(a) the identity of the deceased person, and 34
(b) the date, place and cause of death of the deceased person. 35
Page 20
Coroners Bill 2009 Clause 35
Reporting of deaths Chapter 4
Other provisions concerning exercise of coronial jurisdiction Part 3.4
Chapter 4 Reporting of deaths 1
35 Obligation to report death or suspected death (cf Coroners Act 1980, 2
s 12A (1)-(2A) and (3)) 3
(1) This section applies to any person who has reasonable grounds to 4
believe that a death or suspected death of another person: 5
(a) is a reportable death or occurred in circumstances that would be 6
examinable under Division 2 of Part 3.2, and 7
(b) has not been reported in accordance with subsection (2). 8
(2) A person to whom this section applies must report the death or 9
suspected death concerned to a police officer, a coroner or an assistant 10
coroner as soon as possible after becoming aware of the grounds 11
referred to in subsection (1). 12
Maximum penalty (subsection (2)): 10 penalty units. 13
(3) A police officer to whom a death or suspected death is reported under 14
this section is required to report the death or suspected death to a 15
coroner or assistant coroner as soon as possible after the report is made. 16
(4) An assistant coroner to whom a death or suspected death is reported 17
under this section is required to report the death or suspected death to a 18
coroner as soon as possible after the report is made. 19
(5) A coroner to whom a death or suspected death is reported under this 20
section is required to inform the State Coroner of the report as soon as 21
practicable after the report is made. 22
36 State Coroner to inform Ombudsman about certain child or disability 23
deaths (cf Coroners Act 1980, s 12A (3A) and (3B)) 24
(1) The State Coroner is to provide the Ombudsman, in accordance with 25
subsection (2), with all relevant material held by the State Coroner 26
relating to: 27
(a) any death or suspected death of a person in any of the 28
circumstances referred to in section 24 (1), or 29
(b) any death of a person who is less than 18 years old in the 30
circumstances referred to in section 23 (d). 31
(2) The relevant material referred to in subsection (1) is to be provided as 32
soon as practicable after: 33
(a) a decision is made not to hold an inquest concerning the death or 34
suspected death, or 35
(b) if an inquest is held--the conclusion or suspension of the inquest. 36
Page 21
Clause 37 Coroners Bill 2009
Chapter 4 Reporting of deaths
Part 3.4 Other provisions concerning exercise of coronial jurisdiction
(3) The requirements of this section are in addition to any requirements of 1
Part 6 of the Community Services (Complaints, Reviews and 2
Monitoring) Act 1993. 3
37 State Coroner to report on deaths in custody (cf Coroners Act 1980, 4
s 12A (4)-(8)) 5
(1) The State Coroner is to make a written report to the Minister containing 6
a summary of the details of the deaths or suspected deaths that: 7
(a) the State Coroner has been informed about under section 35 or 8
38, and 9
(b) appear to the State Coroner to involve the death or suspected 10
death of a person in circumstances referred to in section 23. 11
(2) A report under subsection (1) is to be made for the period of 12 months 12
commencing on 1 January of each year. A report is to be made within 13
2 months after the end of the period to which it relates. 14
(3) The Minister is to cause a copy of the report made to the Minister under 15
subsection (1) to be tabled in each House of Parliament within 21 days 16
after the report is made. 17
(4) If a House of Parliament is not sitting when the Minister seeks to cause 18
a copy of the report to be tabled before it, the Minister is to cause a copy 19
of the report to be presented to the Clerk of that House of Parliament. 20
(5) A copy of the report presented to the Clerk of a House of Parliament 21
under this section: 22
(a) is, on presentation and for all purposes, taken to have been laid 23
before the House, and 24
(b) may be printed by authority of the Clerk of the House, and 25
(c) if so printed, is taken to be a document published by or under the 26
authority of the House, and 27
(d) is to be recorded: 28
(i) in the case of the Legislative Council--in the Minutes of 29
the Proceedings of the Legislative Council, and 30
(ii) in the case of the Legislative Assembly--in the Votes and 31
Proceedings of the Legislative Assembly, 32
on the first sitting day of the House after receipt of the copy of the 33
report by the Clerk. 34
38 Medical practitioner must not certify cause of death if death is 35
reportable (cf Coroners Act 1980, ss 12A (2), (2A) and (3) and 12B) 36
(1) A medical practitioner must not give a certificate as to the cause of death 37
of a person for the purposes of notification of the cause of death under 38
Page 22
Coroners Bill 2009 Clause 38
Reporting of deaths Chapter 4
Other provisions concerning exercise of coronial jurisdiction Part 3.4
the Births, Deaths and Marriages Registration Act 1995 if the medical 1
practitioner is of the opinion that: 2
(a) the person's death is a reportable death, or 3
(b) the person died in circumstances that would be examinable under 4
Division 2 of Part 3.2. 5
(2) Despite subsection (1), a medical practitioner may give a certificate as 6
to the cause of death of a person if the medical practitioner is of the 7
opinion that the person: 8
(a) was aged 72 years old or older, and 9
(b) died in circumstances other than in any of the circumstances 10
referred to in paragraphs (b)-(f) of the definition of reportable 11
death in section 6 (1) or in section 23 or 24 (1), and 12
(c) died after sustaining an injury from an accident, being an accident 13
that was attributable to the age of that person, contributed 14
substantially to the death of the person and was not caused by an 15
act or omission by any other person. 16
(3) A medical practitioner may not certify the cause of death of a person in 17
accordance with subsection (2) if, before the certificate is given, a 18
relative of the deceased person indicates to the medical practitioner that 19
he or she objects to the giving of the certificate. 20
(4) If a medical practitioner certifies the cause of death of a person in 21
accordance with subsection (2), the certificate must state that it is given 22
in pursuance of that subsection. 23
(5) A medical practitioner who is prevented from certifying the cause of 24
death of a person because of this section must, as soon as practicable 25
after the death, report that death to a police officer. 26
(6) A police officer to whom a death is reported under this section is 27
required to report the death to a coroner or assistant coroner as soon as 28
possible after the report is made. 29
(7) An assistant coroner to whom a death is reported under this section is 30
required to report the death to a coroner as soon as possible after the 31
report is made. 32
(8) A coroner to whom a death is reported under this section is required to 33
inform the State Coroner of the report as soon as practicable after the 34
report is made. 35
Page 23
Clause 39 Coroners Bill 2009
Chapter 5 Coronial investigation scenes
Part 3.4 Other provisions concerning exercise of coronial jurisdiction
Chapter 5 Coronial investigation scenes 1
39 Definitions (cf Coroners Act 1980, s 23C) 2
In this Chapter: 3
coronial investigation scene means a coronial investigation scene 4
established under section 41. 5
coronial investigation scene order--see section 40. 6
coronial investigation scene power means a function specified in 7
section 43 (1) or (2). 8
40 Order establishing coronial investigation scene (cf Coroners Act 1980, 9
s 23D) 10
(1) If a coroner considers that an investigation should, for the purposes of 11
an inquest or inquiry, be carried out at a particular place, a coroner may 12
issue an order (a coronial investigation scene order) in writing or by 13
telephone to a police officer or other person to: 14
(a) establish a coronial investigation scene at a specified place, and 15
(b) exercise coronial investigation scene powers in accordance with 16
this Chapter, and 17
(c) enter and stay at the place for those purposes. 18
(2) A coronial investigation scene order may be made: 19
(a) before the commencement of an inquest or inquiry, or 20
(b) after the commencement but before the completion of an inquest 21
or inquiry. 22
(3) This Chapter applies to a place of any kind, whether or not a public 23
place. 24
(4) A person acting under the authority of a coronial investigation scene 25
order may, for the purposes of exercising coronial investigation scene 26
powers, obtain the assistance of any other person. 27
(5) A coronial investigation scene order authorises a police officer or other 28
person specified in the order (or a person assisting the person acting 29
under the authority of the order) to enter any place referred to in that 30
order. 31
(6) A copy of a telephone coronial investigation scene order is to be 32
provided to the police officer or other person to whom it is issued. 33
(7) In this section: 34
telephone means radio, facsimile or any other communication device. 35
Page 24
Coroners Bill 2009 Clause 41
Coronial investigation scenes Chapter 5
Other provisions concerning exercise of coronial jurisdiction Part 3.4
41 Establishment of coronial investigation scene (cf Coroners Act 1980, s 23E) 1
(1) A police officer or other person may establish a coronial investigation 2
scene at a place pursuant to a coronial investigation scene order in any 3
way that is reasonably appropriate in the circumstances. 4
(2) A police officer or other person who establishes a coronial investigation 5
scene must, if reasonably appropriate in the circumstances, give the 6
public notice that the place is a coronial investigation scene. 7
42 Exercise of powers at coronial investigation scene (cf Coroners Act 1980, 8
s 23F) 9
(1) A police officer or other person may exercise any of the coronial 10
investigation scene powers if: 11
(a) a coronial investigation scene has been established, and 12
(b) the police officer or other person exercising the power suspects 13
on reasonable grounds that it is necessary to do so to preserve 14
evidence relevant to an investigation by the coroner. 15
(2) A police officer or other person may exercise the coronial investigation 16
scene powers for the period of time specified in the coronial 17
investigation scene order concerned. 18
43 Coronial investigation scene powers (cf Coroners Act 1980, s 23G) 19
(1) A police officer or other person may, in accordance with this Chapter 20
and a coronial investigation scene order, exercise the following 21
functions at, or in relation to, a coronial investigation scene: 22
(a) direct a person to leave the coronial investigation scene or 23
remove a vehicle, vessel or aircraft from the coronial 24
investigation scene, 25
(b) remove from the coronial investigation scene a person who fails 26
to comply with a direction to leave the coronial investigation 27
scene or a vehicle, vessel or aircraft a person fails to remove from 28
the coronial investigation scene, 29
(c) direct a person not to enter the coronial investigation scene, 30
(d) prevent a person from entering a coronial investigation scene, 31
(e) prevent a person from removing evidence from, or otherwise 32
interfering with, the coronial investigation scene or anything in it 33
and, for that purpose, detain and search the person, 34
(f) remove or cause to be removed an obstruction from the coronial 35
investigation scene, 36
(g) perform any necessary investigation, including, for example, 37
search the coronial investigation scene and inspect anything in it 38
to obtain evidence in relation to the inquest or inquiry, 39
Page 25
Clause 44 Coroners Bill 2009
Chapter 5 Coronial investigation scenes
Part 3.4 Other provisions concerning exercise of coronial jurisdiction
(h) for the purpose of performing any necessary investigation, 1
conduct any examination or process, 2
(i) open anything at the coronial investigation scene that is locked, 3
(j) take electricity, gas or any other utility, for use at the coronial 4
investigation scene, 5
(k) direct the occupier of the place or a person apparently involved in 6
the management or control of the place to maintain a continuous 7
supply of electricity at the place, 8
(l) photograph or otherwise record the coronial investigation scene 9
and anything in it, 10
(m) seize and detain all or part of a thing that might provide evidence 11
in relation to the inquest or inquiry or provide evidence of the 12
commission of an offence, 13
(n) dig up anything at the coronial investigation scene, 14
(o) remove wall or ceiling linings or floors of a building, or panels of 15
a vehicle, 16
(p) take possession of the remains of a deceased person on behalf of 17
the coroner, including body tissue, clothing and items apparently 18
in the possession of the deceased person, 19
(q) remove or cause the removal of the remains of a deceased person 20
to any location nominated by the coroner, 21
(r) any other function reasonably necessary or incidental to a 22
function conferred by this section. 23
(2) The power conferred by this section to seize and detain a thing includes: 24
(a) a power to remove the thing from the coronial investigation scene 25
when it is found, and 26
(b) a power to guard the thing in or on the coronial investigation 27
scene. 28
(3) Nothing in this Chapter prevents a police officer or other person who is 29
lawfully at a place from exercising a coronial investigation scene power 30
or doing any other thing, if the occupier of the place consents. 31
44 Obstruction or hindrance of person executing coronial investigation 32
scene order (cf Coroners Act 1980, s 23H) 33
A person must not, on production to the person of a coronial 34
investigation scene order, obstruct or hinder the person to whom the 35
order was issued in the exercise of his or her powers under this Chapter 36
arising by virtue of the order. 37
Maximum penalty: 100 penalty units or imprisonment for 2 years, or 38
both. 39
Page 26
Coroners Bill 2009 Clause 45
Coronial investigation scenes Chapter 5
Other provisions concerning exercise of coronial jurisdiction Part 3.4
45 Chapter does not limit other powers (cf Coroners Act 1980, s 23I) 1
Nothing in this Chapter limits any power that a police officer or other 2
person has apart from this Chapter to enter a place or to do any other 3
thing when at the place. 4
Page 27
Clause 46 Coroners Bill 2009
Chapter 6 Coronial proceedings
Part 6.1 General
Chapter 6 Coronial proceedings 1
Part 6.1 General 2
46 Meaning of "coronial proceedings" 3
(1) In this Act, coronial proceedings are any proceedings conducted by a 4
coroner or assistant coroner for the purposes of this Act concerning the 5
investigation of a death, suspected death, fire or explosion. 6
(2) Without limiting subsection (1), coronial proceedings include the 7
following: 8
(a) the holding of an inquest or inquiry, 9
(b) proceedings to determine whether or not to hold, or to continue 10
to hold, an inquest or inquiry, 11
(c) proceedings of an interlocutory or similar nature (including 12
proceedings to deal with evidential matters or case management 13
issues). 14
47 Hearings in coronial proceedings generally to be open to public (cf 15
Coroners Act 1980, s 30) 16
(1) Any hearing conducted in coronial proceedings is to be open to the 17
public, except as provided by this section and section 74. 18
Note. See also section 74 for situations in which a coroner may order all or any 19
persons to go and remain outside the room or building in which coronial 20
proceedings are being heard. 21
(2) Nothing in subsection (1) prevents a coroner hearing coronial 22
proceedings in a room or building that is not open to the public (such as 23
a room or building in a correctional centre, hospital, private residence 24
or other place not normally open to the public) if the coroner is of the 25
opinion that special circumstances make it necessary or desirable to 26
do so. 27
(3) In such a case, the coroner is to note on the record of the proceedings 28
the special circumstances that in the coroner's opinion make such a 29
course of action necessary or desirable. 30
48 Coronial proceedings may be conducted with jury only if State Coroner 31
directs (cf Coroners Act 1980, ss 18 and 28) 32
(1) Coronial proceedings are to be conducted without a jury, except as 33
provided by subsection (2). 34
(2) An inquest or inquiry is to be held before a coroner with a jury if the 35
State Coroner directs it. 36
Page 28
Coroners Bill 2009 Clause 49
Coronial proceedings Chapter 6
General Part 6.1
(3) The State Coroner may direct that an inquest or inquiry be held before 1
a coroner with a jury only if: 2
(a) the State Coroner is to act as the coroner for the inquest or 3
inquiry, and 4
(b) the State Coroner considers that there are sufficient reasons to 5
justify the inquest or inquiry being held with a jury. 6
(4) An inquest or inquiry that would, but for this subsection, be held before 7
a coroner and a jury at a place that is not a place for which a jury district 8
is constituted under the Jury Act 1977 is to be held at the nearest place 9
for which there is a jury district constituted. 10
(5) The State Coroner must notify the Sheriff of the need for a jury for an 11
inquest or inquiry as soon as practicable after the State Coroner gives a 12
direction under this section that the inquest or inquiry is to be held 13
before a jury. 14
49 Case management directions by coroner 15
(1) Subject to any relevant practice notes, a coroner in coronial proceedings 16
may give such directions as the coroner thinks fit for the speedy 17
determination of the real issues with which the proceedings are 18
concerned. 19
(2) In particular, the coroner may do any one or more of the following: 20
(a) direct relevant persons in the proceedings to take specified steps 21
in relation to the proceedings, 22
(b) direct relevant persons in the proceedings as to the time within 23
which specified steps in the proceedings must be completed, 24
(c) give such other directions with respect to the conduct of 25
proceedings as the coroner considers appropriate. 26
(3) In this section, a relevant person, in relation to coronial proceedings, 27
means any of the following persons: 28
(a) any person who is appearing in the proceedings personally, 29
(b) any person who is being represented in the proceedings, 30
(c) any person who is acting as a representative of another person in 31
the proceedings, 32
(d) any person assisting the coroner in conducting the proceedings. 33
Page 29
Clause 50 Coroners Bill 2009
Chapter 6 Coronial proceedings
Part 6.1 General
50 State Coroner may assume and give directions concerning exercise of 1
jurisdiction (cf Coroners Act 1980, s 17A) 2
(1) The State Coroner may do any one or more of the following: 3
(a) give directions requiring a specified coroner to conduct coronial 4
proceedings that have not yet commenced, 5
(b) personally assume the jurisdiction to conduct particular coronial 6
proceedings, 7
(c) direct that a specified coroner assume the jurisdiction to hold 8
particular coronial proceedings from another coroner in 9
circumstances where the other coroner has been informed of the 10
matter that gives rise to the jurisdiction, 11
(d) direct that a coroner from whom jurisdiction has been assumed 12
(the former coroner) following a direction under paragraph (c) is 13
to provide the coroner who assumes the jurisdiction with all 14
relevant information concerning the matter that the former 15
coroner has received. 16
(2) The State Coroner may only give a direction concerning the assumption 17
of a coroner's jurisdiction before the coroner: 18
(a) decides to dispense with the holding of an inquest or inquiry, or 19
(b) commences an inquest or inquiry in exercise of that jurisdiction. 20
(3) The State Coroner is not to give a direction to a coroner who is a 21
Magistrate to assume jurisdiction without the Chief Magistrate's 22
consent. 23
51 Directions concerning investigations (cf Coroners Act 1980, ss 17B and 17C) 24
(1) The State Coroner may give to a coroner directions concerning 25
investigations to be carried out for the purposes of any coronial 26
proceedings or proposed coronial proceedings. 27
(2) A coroner may give a police officer directions concerning 28
investigations to be carried out for the purposes of coronial proceedings 29
or proposed coronial proceedings. 30
(3) The Director-General of the Attorney General's Department may enter 31
into a memorandum of understanding with the Commissioner of Police 32
in relation to the regulation of costs associated with the carrying out of 33
investigations by police officers pursuant to directions under this 34
section. 35
(4) The memorandum of understanding may be amended, revoked or 36
replaced from time to time. 37
(5) The functions of giving directions under subsection (2) and carrying out 38
investigations pursuant to such directions must, as far as practicable, be 39
Page 30
Coroners Bill 2009 Clause 52
Coronial proceedings Chapter 6
General Part 6.1
exercised in conformity with the memorandum of understanding. 1
However, a failure to comply with this subsection does not itself 2
invalidate anything done by a coroner or police officer. 3
52 Practice notes and approval of forms 4
(1) The State Coroner may: 5
(a) issue practice notes for or with respect to the practice and 6
procedure to be followed in coronial proceedings, and 7
(b) approve forms for use in coronial proceedings. 8
(2) The State Coroner may not issue a practice note under this section 9
without the Chief Magistrate's approval. 10
(3) A practice note: 11
(a) must be published in the Gazette, and 12
(b) takes effect on the day on which it is published in the Gazette or, 13
if a later day or days are specified in the practice note for that 14
purpose, on the later day or days so specified. 15
(4) A practice note issued under this section may be amended or repealed 16
by a further practice note issued under this section. 17
(5) Subject to subsection (6), sections 40 and 41 of the Interpretation Act 18
1987 apply to a practice note issued under this section in the same way 19
as they apply to a statutory rule. 20
(6) For the purpose of applying section 40 of the Interpretation Act 1987 to 21
a practice note issued under this section, a reference in that section to 22
the publication of a statutory rule is to be read as a reference to the 23
publication of the practice note as provided by subsection (3). 24
53 Power to obtain documents and things for purposes of coronial 25
investigation (cf Coroners Act 1980, s 14F) 26
(1) For the purpose of assisting a coroner in the investigation of a death, 27
suspected death, fire or explosion, the coroner may, by notice in writing 28
served on a person, direct the person to produce a document or other 29
thing to the coroner or another person specified in the notice at a time 30
and place specified in the notice. 31
(2) The power to give such a direction includes (without limitation): 32
(a) the power to direct that a document be produced relating to the 33
medical care or treatment of a person, and 34
(b) the power to direct a person to provide any tissue in the person's 35
possession or under the person's control that was taken from a 36
deceased person before his or her death. 37
Page 31
Clause 54 Coroners Bill 2009
Chapter 6 Coronial proceedings
Part 6.2 Holding inquests and inquiries
(3) The coroner is to withdraw a direction under this section if it appears to 1
the coroner that: 2
(a) any person would be entitled on grounds of privilege to refuse to 3
produce the document or other thing in a court of law, and 4
(b) the person does not consent to compliance with the direction. 5
(4) A natural person is excused from producing a document or other thing 6
under this section on the ground that it may tend to incriminate the 7
person, unless the document relates to the medical care or treatment of 8
a person, in which case the person is not excused from producing it. 9
(5) A person must not, without reasonable excuse, fail to comply with a 10
notice served on the person under this section. 11
Maximum penalty (subsection (5)): 10 penalty units. 12
(6) If a direction under this section requires the production of a document, 13
the production of a copy of the document is taken to be sufficient 14
compliance with the direction unless the direction expressly requires the 15
production of the original document. 16
(7) Nothing in this section limits any other power that a coroner may have 17
under this Act to obtain evidence. 18
Part 6.2 Holding inquests and inquiries 19
54 Time and place of inquest or inquiry (cf Coroners Act 1980, s 17) 20
(1) If an inquest or inquiry is to be held under this Act by a coroner, the 21
coroner: 22
(a) must fix a time and place for the commencement of the inquest or 23
inquiry, and 24
(b) must give particulars of the time and place to any person who has 25
given notice in writing to the coroner of his or her intention to 26
seek leave to appear or to be represented at the inquest or inquiry, 27
and 28
(c) in the case of an inquest concerning the death or suspected death 29
of a person--must give particulars of the time and place to the 30
person's next of kin if the coroner has been informed of the name 31
and address of the next of kin, and 32
(d) may give particulars of the time and place to any person who has, 33
in the opinion of the coroner, a sufficient interest in the 34
subject-matter of the inquest or inquiry. 35
Page 32
Coroners Bill 2009 Clause 55
Coronial proceedings Chapter 6
Representation and evidentiary matters Part 6.3
(2) Without limiting subsection (1) (b), (c) or (d), the particulars that are to 1
be given under any of those paragraphs are taken to be given if a notice 2
specifying the particulars is sent by post to the person to whom the 3
particulars are to be given. 4
55 Coroner may view deceased person's remains or scene of fire or 5
explosion (cf Coroners Act 1980, s 29) 6
(1) A coroner may (but need not) view the remains of a deceased person, or 7
the scene of a fire or explosion, with which coronial proceedings are 8
concerned if the coroner considers it advisable to do so. 9
(2) If an inquest or inquiry is being held before a jury, the coroner may (but 10
need not) allow the jury to view the remains of the deceased person, or 11
the scene of the fire or explosion, with which inquest or inquiry is 12
concerned. 13
56 Coroner's right to possession of deceased person's remains (cf Coroners 14
Act 1980, s 24) 15
(1) A coroner has a right to take possession of and retain the remains of a 16
deceased person whenever the coroner has jurisdiction to hold or is 17
holding an inquest concerning the death or suspected death of the 18
person. 19
(2) This right of the coroner has priority over any other right to possession 20
of the remains of a person but otherwise does not affect any other such 21
right. 22
(3) This section does not prevent the making of an order by a coroner under 23
section 101 or the disposal of the remains of a deceased person in 24
accordance with such an order. 25
(4) This section does not limit any rights that the coroner has apart from this 26
Act. 27
Part 6.3 Representation and evidentiary matters 28
57 Representation in coronial proceedings (cf Coroners Act 1980, s 32 (1) 29
and (2)) 30
(1) The coroner in coronial proceedings may grant leave to any person, who 31
in the opinion of the coroner has a sufficient interest in the 32
subject-matter of the proceedings, to appear in person in the 33
proceedings or to be represented by an Australian legal practitioner. 34
(2) Any person granted such leave may examine and cross-examine any 35
witnesses on matters relevant to the proceedings. 36
(3) A coroner holding an inquest concerning the death or suspected death 37
of a person must grant leave under subsection (1) to any person who is 38
Page 33
Clause 58 Coroners Bill 2009
Chapter 6 Coronial proceedings
Part 6.3 Representation and evidentiary matters
a relative of the deceased person (or suspected deceased person) unless 1
the coroner is satisfied that there are exceptional circumstances that 2
justify the coroner refusing leave. 3
(4) If an inquest or inquiry is held before a jury: 4
(a) a person appearing, and an Australian legal practitioner 5
representing a person, at the inquest or inquiry is entitled to make 6
an opening and a closing address to the jury, and 7
(b) the person assisting the coroner may make an opening and a 8
closing address to the jury and in addition has a right of reply in 9
respect of any closing address made pursuant to paragraph (a). 10
58 Rules of procedure and evidence (cf Coroners Act 1980, s 33) 11
(1) A coroner in coronial proceedings is not bound to observe the rules of 12
procedure and evidence that are applicable to proceedings before a court 13
of law. 14
(2) Except as otherwise provided by this Act, a witness in coronial 15
proceedings who is a natural person cannot be compelled to answer any 16
question or produce any document that might tend: 17
(a) to incriminate the witness for an offence against or arising under 18
an Australian law or a law of a foreign country, or 19
(b) to make the witness liable to a civil penalty. 20
59 Witnesses may be required to give evidence on oath or affirmation (cf 21
Coroners Act 1980, s 31) 22
(1) The coroner in coronial proceedings may examine on oath or 23
affirmation all persons who: 24
(a) tender evidence relevant to the proceedings, or 25
(b) are able, in the opinion of the coroner, to give evidence relevant 26
to the proceedings. 27
(2) For the purposes of subsection (1), the coroner: 28
(a) may require a person who appears in the proceedings to give 29
evidence to take an oath or to make an affirmation in a form 30
approved by the coroner, and 31
(b) may administer an oath to, or take an affirmation from, a person 32
appearing in the proceedings. 33
Page 34
Coroners Bill 2009 Clause 60
Coronial proceedings Chapter 6
Representation and evidentiary matters Part 6.3
60 Persons granted leave may apply for witness to be examined (cf 1
Coroners Act 1980, s 31A) 2
(1) A person granted leave to appear or be represented in coronial 3
proceedings may apply to the coroner to have a particular person 4
examined in the proceedings. Such an application can be made before 5
or during the hearing of the proceedings. 6
(2) A coroner who refuses such an application must give the applicant the 7
reasons for refusing the application. 8
(3) The coroner is required to deal with such an application as soon as 9
reasonably practicable after it is made and in any case before the 10
proceedings are concluded. 11
61 Privilege in respect of self-incrimination (cf Coroners Act 1980, s 33AA) 12
(1) This section applies if a witness in coronial proceedings objects to 13
giving particular evidence, or evidence on a particular matter, on the 14
ground that the evidence may tend to prove that the witness: 15
(a) has committed an offence against or arising under an Australian 16
law or a law of a foreign country, or 17
(b) is liable to a civil penalty. 18
(2) The coroner in the coronial proceedings must determine whether or not 19
there are reasonable grounds for the objection. 20
(3) If the coroner determines that there are reasonable grounds for the 21
objection, the coroner is to inform the witness: 22
(a) that the witness need not give the evidence unless required by the 23
coroner to do so under subsection (4), and 24
(b) that the coroner will give a certificate under this section if: 25
(i) the witness willingly gives the evidence without being 26
required to do so under subsection (4), or 27
(ii) the witness gives the evidence after being required to do so 28
under subsection (4), and 29
(c) of the effect of such a certificate. 30
(4) The coroner may require the witness to give the evidence if the coroner 31
is satisfied that: 32
(a) the evidence does not tend to prove that the witness has 33
committed an offence against or arising under, or is liable to a 34
civil penalty under, a law of a foreign country, and 35
(b) the interests of justice require that the witness give the evidence. 36
Page 35
Clause 62 Coroners Bill 2009
Chapter 6 Coronial proceedings
Part 6.3 Representation and evidentiary matters
(5) If the witness either willingly gives the evidence without being required 1
to do so under subsection (4), or gives it after being required to do so 2
under that subsection, the coroner must cause the witness to be given a 3
certificate under this section in respect of the evidence. 4
(6) The coroner is also to cause a witness to be given a certificate under this 5
section if: 6
(a) the objection has been overruled, and 7
(b) after the evidence has been given, the coroner finds that there 8
were reasonable grounds for the objection. 9
(7) In any proceeding in a NSW court within the meaning of the Evidence 10
Act 1995 or before any person or body authorised by a law of the State, 11
or by consent of parties, to hear, receive and examine evidence: 12
(a) evidence given by a person in respect of which a certificate under 13
this section has been given, and 14
(b) evidence of any information, document or thing obtained as a 15
direct or indirect consequence of the person having given 16
evidence, 17
cannot be used against the person. However, this does not apply to a 18
criminal proceeding in respect of the falsity of the evidence. 19
(8) Subsection (7) has effect despite any challenge, review, quashing or 20
calling into question on any ground of the decision to give, or the 21
validity of, the certificate concerned. 22
(9) A reference in this section to doing an act includes a reference to failing 23
to act. 24
(10) A certificate under this section can only be given in respect of evidence 25
that is required to be given by a natural person. 26
62 Refusal of witness to be examined (cf Coroners Act 1980, ss 42 and 54 (1)) 27
A person who appears (whether or not on subpoena or warrant) to give 28
evidence or to produce any document or thing in coronial proceedings 29
must not, without lawful excuse: 30
(a) refuse to take the oath or affirmation, or 31
(b) refuse to be examined on oath or affirmation, or 32
(c) having taken the oath or made an affirmation, refuse to answer 33
any question relevant to the subject-matter of the proceedings, or 34
(d) refuse or fail to produce the document or thing. 35
Maximum penalty: 10 penalty units. 36
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Coroners Bill 2009 Clause 63
Coronial proceedings Chapter 6
Representation and evidentiary matters Part 6.3
63 Documentary evidence (cf Coroners Act 1980, s 34A) 1
Parts 3 and 4 of Chapter 6 of the Criminal Procedure Act 1986 apply to 2
and in respect of any coronial proceedings in the same way as they apply 3
to and in respect of proceedings before a court, and any function 4
exercisable by an authorised person under those Parts may, for the 5
purposes of coronial proceedings, be exercised by a coroner. 6
64 Fresh inquest or inquiry--admission of previous depositions (cf 7
Coroners Act 1980, s 33A) 8
(1) A coroner holding a fresh inquest or inquiry may admit in evidence the 9
depositions taken at any previous inquest or inquiry. 10
(2) Subsection (1) is subject to the terms of an order made by a court for the 11
holding of the fresh inquest or inquiry. 12
Note. Section 83 provides for the circumstances in which a fresh inquest or 13
inquiry concerning a matter may be held by a coroner following the termination 14
or conclusion of a previous inquest or inquiry concerning the matter. Also, 15
section 85 enables the Supreme Court to order that a fresh inquest or inquiry be 16
held in certain circumstances. 17
65 Records of evidence (cf Coroners Act 1980, s 34) 18
(1) The coroner in coronial proceedings is to ensure that the evidence of 19
every witness in the proceedings is recorded. 20
(2) Subject to this section, a coroner or assistant coroner is to supply a 21
person with a copy of a coroner's file (or a part of that file) at the request 22
of the person if: 23
(a) the coroner or assistant coroner is satisfied that it is appropriate 24
for the person to be granted access to the file (or a part of the file), 25
and 26
(b) the person pays the fee that is payable in a Local Court for the 27
provision of a copy of a document (other than a copy of a 28
judgment or order or the reasons for a judgment or order) or such 29
other fee as may be prescribed by (or calculated in accordance 30
with) the regulations. 31
(3) In determining whether it is appropriate to grant a person access to a 32
coroner's file (or a part of the file), the coroner or assistant coroner 33
making the determination is to have regard to the following matters: 34
(a) the principle that coronial proceedings should generally be open 35
to the public, 36
(b) if the coroner's file relates to a deceased person--the impact on 37
the relatives of the deceased person of allowing access, 38
(c) the connection that the person requesting access has to the 39
proceedings concerned, 40
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Clause 66 Coroners Bill 2009
Chapter 6 Coronial proceedings
Part 6.3 Representation and evidentiary matters
(d) the reasons why access is being sought, 1
(e) any other matter that the coroner or assistant coroner considers 2
relevant. 3
(4) A coroner who conducts coronial proceedings may, by notation on the 4
coroner's file on the matter, direct that a copy of the whole or a 5
particular part of the file is not to be supplied under this section. 6
(5) A direction by a coroner under subsection (4) must include a statement 7
of the coroner's reasons for the direction. 8
(6) A copy of a coroner's file (or of any part of the file) is not to be supplied 9
under this section in contravention of: 10
(a) a direction by a coroner under subsection (4), or 11
(b) an order made under section 74. 12
(7) In this section: 13
coroner's file means the documents (including the depositions of 14
witnesses, transcripts and written findings) that form part of the file kept 15
by a coroner in respect of a death, suspected death, fire or explosion. 16
66 Subpoena for appearance or warrant for arrest of witness (cf Coroners Act 17
1980, s 35) 18
(1) If it appears to a coroner that any person is likely to be able to give 19
material evidence in coronial proceedings, or is likely to have in his or 20
her possession or power any document or thing required for the 21
purposes of evidence in the proceedings, the coroner may issue any of 22
the following subpoenas: 23
(a) a subpoena for the appearance of the person to be examined as a 24
witness, 25
(b) a subpoena for the person to produce the document or thing, 26
(c) a subpoena both for the appearance of that person to be examined 27
as a witness and to produce the document or thing. 28
(2) However, if the coroner is satisfied by evidence on oath or affirmation 29
that it is probable that the person will not comply with a subpoena unless 30
compelled to do so, the coroner may issue a warrant in the first instance 31
for the arrest of that person. 32
(3) A coroner may exercise a function under this section in respect of 33
coronial proceedings being conducted by another coroner, but only with 34
the consent of that other coroner. 35
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Coroners Bill 2009 Clause 67
Coronial proceedings Chapter 6
Representation and evidentiary matters Part 6.3
(4) A person is not bound to produce any document or thing: 1
(a) not specified or otherwise sufficiently described in a subpoena or 2
arrest warrant issued under this section in respect of the person, 3
or 4
(b) that the person would not be bound to produce on a subpoena for 5
production in the Supreme Court. 6
(5) An assistant coroner may, at the direction of a coroner given in a 7
particular case, exercise the power of the coroner to issue a subpoena or 8
arrest warrant under this section. 9
67 Form of subpoena (cf Coroners Act 1980, s 36) 10
A subpoena issued under this Part must: 11
(a) be signed by the coroner or assistant coroner issuing it, and 12
(b) be directed to the person whose appearance is required or who is 13
required to produce a document or thing, and 14
(c) require that person to appear at a certain time and place before the 15
coroner conducting the coronial proceedings concerned to testify 16
what the person knows concerning the subject-matter of the 17
proceedings or to produce any document or thing specified or 18
described in the subpoena. 19
68 Manner of service of subpoena (cf Coroners Act 1980, s 37) 20
(1) A subpoena issued under this Part must be served by: 21
(a) a police officer, or 22
(b) where the coroner or assistant coroner issuing the subpoena so 23
directs--the Sheriff, or a sheriff's officer, within the meaning of 24
the Sheriff Act 2005. 25
(2) Service of a subpoena may be effected: 26
(a) by handing it to the person to whom it is directed, or 27
(b) if the person is an inmate of a correctional centre (within the 28
meaning of the Crimes (Administration of Sentences) Act 1999): 29
(i) by handing it to the officer in charge of the correctional 30
centre, or 31
(ii) by sending it by post or facsimile or other electronic 32
transmission to the officer in charge at the correctional 33
centre, or 34
(c) if the person is a police officer or a public officer: 35
(i) by sending it by post or facsimile to the person's business 36
address, or 37
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Clause 68 Coroners Bill 2009
Chapter 6 Coronial proceedings
Part 6.3 Representation and evidentiary matters
(ii) by sending it by electronic communication to the person's 1
business email address, or 2
(d) if the person is not a police officer, public officer or inmate: 3
(i) by sending it by post or facsimile to the person's 4
residential address, or 5
(ii) by sending it by electronic communication to the person's 6
email address, or 7
(e) if the person is represented by a legal practitioner--by leaving it, 8
with the consent of the relevant legal practitioner for the person, 9
at the relevant legal practitioner's address for service or by 10
sending it to that address by post or facsimile or by sending it to 11
the legal practitioner's email address for service by electronic 12
communication. 13
(3) If, on tender of a subpoena, the person refuses to accept it, it may be 14
served by putting it down in the person's presence after the person has 15
been told of the nature of the subpoena. 16
(4) Service of a subpoena in the manner specified in subsection (2) or (3) 17
may be proved by the oath or affirmation of the person who served it 18
attending the coronial proceedings concerned, by his or her affidavit or 19
otherwise. 20
(5) In this section: 21
public officer means any of the following persons, but only when acting 22
in an official capacity: 23
(a) an employee in the Public Service or the NSW Police Force, 24
(b) an officer or employee of a statutory body representing the 25
Crown, 26
(c) an employee of a council within the meaning of the Local 27
Government Act 1993, 28
(d) an officer or employee of a livestock health and pest authority 29
within the meaning of the Rural Lands Protection Act 1998, 30
(e) the Director of Public Prosecutions, Deputy Director of Public 31
Prosecutions or Solicitor for Public Prosecutions, 32
(f) an officer or employee of a body declared by the regulations to be 33
a public body for the purposes of this definition. 34
relevant legal practitioner for a person means: 35
(a) if the person is represented only by a solicitor--the solicitor, or 36
(b) if the person is represented only by a barrister under a direct 37
access arrangement--the barrister, or 38
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Coroners Bill 2009 Clause 69
Coronial proceedings Chapter 6
Representation and evidentiary matters Part 6.3
(c) if the person is represented by both a solicitor and a barrister-- 1
the solicitor. 2
69 Arrest warrants for non-appearance in response to subpoena (cf 3
Coroners Act 1980, s 39) 4
If a person who has been issued with a subpoena to appear in coronial 5
proceedings does not appear at the time and place specified in the 6
subpoena, the coroner before whom the person was required to appear 7
may, on proof of the due service of the subpoena on the person and if no 8
just excuse is offered for the person's non-appearance, issue a warrant 9
for the arrest of the person. 10
70 Form of warrant (cf Coroners Act 1980, s 41 (1)-(3)) 11
(1) An arrest warrant issued by a coroner or assistant coroner under this Part 12
must: 13
(a) be signed by the coroner or assistant coroner, and 14
(b) be directed to: 15
(i) a named police officer, or 16
(ii) a person authorised by law to execute a warrant to arrest, or 17
(iii) the senior police officer of the area where the warrant is to 18
be executed, or 19
(iv) the senior police officer and all other police officers, or 20
(v) generally all police officers, and 21
(c) name or otherwise describe the person to be arrested, and 22
(d) order that the person be arrested and brought before a coroner to 23
testify what the person knows concerning the subject-matter of 24
the coronial proceedings or to produce the document or writing 25
specified or described in the warrant. 26
(2) An arrest warrant is to be returnable at a time and place to be stated in 27
the warrant. 28
(3) An arrest warrant may be executed by arresting the person against 29
whom it is directed at any place in the State. 30
71 Arrest of witness under arrest warrant (cf Coroners Act 1980, ss 40 and 41 (3)) 31
(1) A person arrested under an arrest warrant issued under this Part is to be 32
brought before a coroner or authorised justice as soon as practicable 33
after the person's arrest. 34
(2) Subject to subsection (3), a person arrested under an arrest warrant may 35
be dealt with in the same way as a witness arrested under a warrant 36
issued under section 231 of the Criminal Procedure Act 1986. 37
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Clause 72 Coroners Bill 2009
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Part 6.4 Disclosure of information
(3) A coroner or authorised justice before whom a person is brought after 1
having been arrested under an arrest warrant issued under this Part: 2
(a) must, subject to the Bail Act 1978, order that a warrant be issued 3
for the committal of the person to a correctional centre or other 4
place of security, and 5
(b) must order the person to be brought before a coroner at such time 6
and place as is specified in the order. 7
(4) The Bail Act 1978 applies to the person (not being an accused person 8
within the meaning of that Act) in the same way as it applies to an 9
accused person within the meaning of that Act to whom section 9 of that 10
Act applies and, for that purpose, bail may be granted to such a person 11
under that Act with respect to the period between: 12
(a) the person's being brought before a coroner under a warrant for 13
the purpose of being examined as a witness or producing a 14
document or thing, and 15
(b) the person's being examined as a witness or producing the 16
document or thing. 17
(5) In this section: 18
authorised justice has the same meaning as in the Bail Act 1978. 19
72 Certain defects immaterial (cf Coroners Act 1980, s 38) 20
No objection may be taken or allowed to any subpoena or arrest warrant 21
in respect of any alleged defect in the subpoena or warrant in substance 22
or in form. 23
Part 6.4 Disclosure of information 24
73 Meaning of "published" (cf Coroners Act 1980, s 46) 25
For the purposes of this Part, matter is published only if it is: 26
(a) inserted in any newspaper or any other periodical publication, or 27
(b) publicly exhibited, or 28
(c) broadcast by radio or by television, or 29
(d) published by means of the Internet. 30
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Coroners Bill 2009 Clause 74
Coronial proceedings Chapter 6
Disclosure of information Part 6.4
74 Powers of coroner to clear court and prevent publication of evidence (cf 1
Coroners Act 1980, ss 44 (1), (5) and (6) and 45 (1) and (4)) 2
(1) A coroner in coronial proceedings may, if of the opinion that it would 3
be in the public interest to do so, order: 4
(a) any or all persons (including witnesses in the proceedings) to go 5
and remain outside the room or building in which the proceedings 6
are being heard, or 7
(b) that any evidence given in the proceedings not be published. 8
(2) For the purposes of subsection (1), the coroner may, in forming an 9
opinion as to the public interest, have regard (without limitation) to the 10
following matters: 11
(a) the principle that coronial proceedings should generally be open 12
to the public, 13
(b) in the case of an order that is proposed to be made in relation to a 14
witness in the proceedings--the likelihood that the evidence of 15
the witness might be influenced by other evidence given in the 16
proceedings if the witness is present when that other evidence is 17
given, 18
(c) national security, 19
(d) the personal security of the public or any person. 20
(3) A person must not contravene an order made under this section. 21
Maximum penalty: 10 penalty units or imprisonment for 6 months (in 22
the case of an individual) or 50 penalty units (in any other case). 23
75 Powers of coroner in relation to reports or proceedings concerning 24
self-inflicted deaths (cf Coroners Act 1980, ss 44 (2)-(4) and 45 (1), (2) and (4)) 25
(1) A coroner may make an order under this section (a non-publication 26
order) if it appears to the coroner (whether by reason of information 27
reported or received under Chapter 4 or during the course of coronial 28
proceedings) that a death or suspected death is self-inflicted. 29
(2) A non-publication order may prohibit or restrict any or all of the 30
following: 31
(a) the publication of any report (or any further report) of the 32
proceedings (or any specified part of the proceedings) until after 33
the coroner has made his or her findings or, in the case of an 34
inquest held before a jury, the jury has brought in its verdict, 35
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Clause 75 Coroners Bill 2009
Chapter 6 Coronial proceedings
Part 6.4 Disclosure of information
(b) the publication of any matter (including the publication of any 1
photograph or other pictorial representation) that identifies any 2
particular person: 3
(i) as being a person whose death or suspected death may 4
have been self-inflicted, or 5
(ii) as being a relative of a person whose death or suspected 6
death may have been self-inflicted. 7
(3) For the purposes of subsection (2) (b), the following persons are 8
relatives of a person whose death or suspected death may have been 9
self-inflicted: 10
(a) the spouse of that person, a parent of that person, a person who 11
stands in loco parentis to that person, a guardian of that person or 12
a child of that person, 13
(b) a person who, at the time of the death or suspected death, was 14
living with that person as her husband or his wife, 15
(c) a brother or sister of that person. 16
(4) To the extent to which a non-publication order prohibits the publication 17
of any matter referred to in subsection (2) (b), the order continues to 18
have effect after the coroner has made his or her findings, or after the 19
jury (if any) has brought in its verdict, but only if the order expressly so 20
provides. 21
(5) If a finding is made in an inquest to the effect that the death of a person 22
was self-inflicted, a report of the proceedings (or any part of the 23
proceedings) must not be published after the finding unless (and to the 24
extent that) the coroner holding the inquest makes an order permitting 25
the publication of the report. 26
(6) A coroner may make an order under subsection (5) only if the coroner 27
is of the opinion that it is desirable in the public interest to permit a 28
report of the proceedings (or part of the proceedings) of the inquest to 29
be published. 30
(7) A person must not contravene (or cause the contravention of): 31
(a) a non-publication order, or 32
(b) the provisions of subsection (5). 33
Maximum penalty: 10 penalty units or imprisonment for 6 months (in 34
the case of an individual) or 50 penalty units (in any other case). 35
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Coroners Bill 2009 Clause 76
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Resolution of coronial proceedings Part 6.5
76 Publication of questions, warnings, objections and incriminating 1
evidence (cf Coroners Act 1980, s 45 (3) and (4)) 2
A person must not publish any of the following matters without the 3
express permission of the coroner in the coronial proceedings 4
concerned: 5
(a) any question asked of a witness that the coroner has forbidden or 6
disallowed, 7
(b) any warning that a coroner has given to a witness that he or she 8
is not compelled to answer a question, 9
(c) any objection made by a witness to giving evidence on the ground 10
that the evidence may tend to prove that the witness has 11
committed an offence. 12
Maximum penalty: 10 penalty units or imprisonment for 6 months (in 13
the case of an individual) or 50 penalty units (in any other case). 14
77 Certain matters not prohibited or prevented 15
Nothing in this Part prohibits or prevents: 16
(a) the publication of a judgment of a court that contains matter the 17
publication of which would otherwise have been prohibited by 18
this Part, or 19
(b) the publication of matter in such other circumstances as may be 20
prescribed by the regulations. 21
Part 6.5 Resolution of coronial proceedings 22
78 Procedure at inquest or inquiry involving indictable offence (cf Coroners 23
Act 1980, s 19) 24
(1) This section applies in relation to any of the following inquests or 25
inquiries: 26
(a) an inquest or inquiry held by a coroner to whom it appears 27
(whether before the commencement or during the course of the 28
inquest or inquiry) that: 29
(i) a person has been charged with an indictable offence, and 30
(ii) the indictable offence raises the issue of whether the 31
person caused the death, suspected death, fire or explosion 32
with which the inquest or inquiry is concerned, 33
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Clause 78 Coroners Bill 2009
Chapter 6 Coronial proceedings
Part 6.5 Resolution of coronial proceedings
(b) an inquest or inquiry if, at any time during the course of the 1
inquest or inquiry, the coroner forms the opinion (having regard 2
to all of the evidence given up to that time) that: 3
(i) the evidence is capable of satisfying a jury beyond 4
reasonable doubt that a known person has committed an 5
indictable offence, and 6
(ii) there is a reasonable prospect that a jury would convict the 7
known person of the indictable offence, and 8
(iii) the indictable offence would raise the issue of whether the 9
known person caused the death, suspected death, fire or 10
explosion with which the inquest or inquiry is concerned. 11
(2) If this section applies to an inquest or inquiry as provided by subsection 12
(1) (a), the coroner: 13
(a) may commence the inquest or inquiry, or continue it if it has 14
commenced, but only for the purpose of taking evidence to 15
establish: 16
(i) in the case of an inquest--the death, the identity of the 17
deceased person and the date and place of death, or 18
(ii) in the case of an inquiry--the date and place of the fire or 19
explosion, and 20
(b) after taking that evidence (or if that evidence has been taken), 21
must suspend the inquest or inquiry and, if there is a jury, must 22
discharge the jury. 23
(3) If this section applies to an inquest or inquiry as provided by subsection 24
(1) (b), the coroner may: 25
(a) continue the inquest or inquiry and record under section 81 (1) or 26
(2) the coroner's findings or, if there is a jury, the verdict of the 27
jury, or 28
(b) suspend the inquest or inquiry and, if there is a jury, discharge the 29
jury. 30
(4) The coroner is required to forward to the Director of Public 31
Prosecutions: 32
(a) the depositions taken at an inquest or inquiry to which this section 33
applies, and 34
(b) in the case of an inquest or inquiry referred to in subsection 35
(1) (b)--a written statement signed by the coroner that specifies 36
the name of the known person and the particulars of the indictable 37
offence concerned. 38
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Coroners Bill 2009 Clause 79
Coronial proceedings Chapter 6
Resolution of coronial proceedings Part 6.5
79 Procedure following suspension of inquest or inquiry (cf Coroners Act 1
1980, s 20) 2
(1) Subject to subsections (3) and (5), a coroner who has suspended, or not 3
commenced, an inquest or inquiry under section 78 may make an order: 4
(a) that the inquest or inquiry is to resume or commence (as the case 5
may be), or 6
(b) to dispense with the resumption or holding of the inquest or 7
inquiry. 8
(2) An order under subsection (1) may be made on a coroner's own motion 9
or on the application of a person who has been granted leave to appear 10
or to be represented at the inquest or inquiry. 11
(3) If a person has been charged with an indictable offence in which the 12
question of whether the person caused a death, suspected death, fire or 13
explosion is in issue, an inquest or inquiry that has been suspended, or 14
that has not commenced, under section 78 may not be resumed or 15
commenced (as the case may be) until the charge is finally determined. 16
(4) For the purposes of subsection (3), a charge is taken to be finally 17
determined if: 18
(a) the person has been discharged from proceedings with respect to 19
the offence to which the charge relates, or 20
(b) no further appeal can be made in proceedings in respect of the 21
charge without an extension of time being granted, or 22
(c) the Attorney General or the Director of Public Prosecutions 23
directs that no further proceedings be taken against the person in 24
respect of the charge. 25
(5) If the coroner has suspended an inquest or inquiry after forming the 26
opinion referred to in section 78 (1) (b) (and a person has not been 27
charged as referred to in subsection (3) in relation to an indictable 28
offence), the suspended inquest or inquiry may not be resumed until the 29
Attorney General or the Director of Public Prosecutions advises that no 30
proceedings will be taken against the known person (as referred to in 31
section 78 (1) (b)) in relation to the indictable offence. 32
(6) If the coroner who suspended, or did not commence, an inquest or 33
inquiry under section 78 is not available to resume, commence or 34
dispense with the inquest or inquiry for any reason, the State Coroner or 35
a coroner authorised by the State Coroner, may resume, commence or 36
dispense with the inquest or inquiry in accordance with this section. 37
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Part 6.5 Resolution of coronial proceedings
80 Procedure at inquest if finding that person did not die (cf Coroners Act 1
1980, s 21) 2
(1) If, at any time during the course of an inquest concerning the death or 3
suspected death of a person, it appears to the coroner from the evidence 4
that the person has not died: 5
(a) where there is no jury--the coroner must make a finding that the 6
person has not died and terminate the inquest, or 7
(b) where there is a jury--the coroner may request the jury to bring 8
in a preliminary verdict as to whether or not the person has died. 9
(2) The following provisions apply when a preliminary verdict is brought 10
in by a jury following a request by the coroner referred to in 11
subsection (1) (b): 12
(a) if the verdict of the jury is that the person has not died--the 13
coroner must terminate the inquest and discharge the jury, 14
(b) if the verdict of the jury is that the person has died or that it is 15
uncertain whether the person has died--the inquest is to be 16
resumed. 17
(3) If a coroner terminates an inquest under this section, the coroner must 18
record in writing the coroner's findings or, if there is a jury, the jury's 19
verdict. 20
81 Findings of coroner or jury verdict to be recorded (cf Coroners Act 1980, 21
s 22) 22
(1) The coroner holding an inquest concerning the death or suspected death 23
of a person must, at its conclusion or on its suspension, record in writing 24
the coroner's findings or, if there is a jury, the jury's verdict, as to 25
whether the person died and, if so: 26
(a) the person's identity, and 27
(b) the date and place of the person's death, and 28
(c) in the case of an inquest that is being concluded--the manner and 29
cause of the person's death. 30
(2) The coroner holding an inquiry concerning a fire or explosion must, at 31
its conclusion or on its suspension, record in writing the coroner's 32
findings or, if there is a jury, the jury's verdict: 33
(a) as to the date and place of the fire or explosion, and 34
(b) in the case of an inquiry that is being concluded--as to the 35
circumstances of the fire or explosion. 36
(3) Any record made under subsection (1) or (2) must not indicate or in any 37
way suggest that an offence has been committed by any person. 38
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Coroners Bill 2009 Clause 82
Coronial proceedings Chapter 6
Resolution of coronial proceedings Part 6.5
82 Coroner or jury may make recommendations (cf Coroners Act 1980, s 22A) 1
(1) A coroner (whether or not there is a jury) or a jury may make such 2
recommendations as the coroner or jury considers necessary or 3
desirable to make in relation to any matter connected with the death, 4
suspected death, fire or explosion with which an inquest or inquiry is 5
concerned. 6
(2) Without limiting subsection (1), the following are matters that can be 7
the subject of a recommendation: 8
(a) public health and safety, 9
(b) that a matter be investigated or reviewed by a specified person or 10
body. 11
(3) The record made under section 81 is to include any recommendations 12
made by the coroner or jury. The record must not indicate or in any way 13
suggest that an offence has been committed by any person. 14
(4) The coroner is to ensure that a copy of a record that includes 15
recommendations made under this section is provided, as soon as is 16
reasonably practicable, to: 17
(a) the State Coroner (unless the coroner is the State Coroner), and 18
(b) any person or body to which a recommendation included in the 19
record is directed, and 20
(c) the Minister, and 21
(d) any other Minister (if any) that administers legislation, or who is 22
responsible for the person or body, to which a recommendation 23
in the record relates. 24
83 When fresh inquests and inquiries may be conducted (cf Coroners Act 25
1980, ss 23 and 23A) 26
(1) This section provides for the circumstances in which: 27
(a) a new inquest (a fresh inquest) concerning the death or suspected 28
death of a person may be held even though the death or suspected 29
death was previously the subject of another inquest (a previous 30
inquest), and 31
(b) a new inquiry (a fresh inquiry) concerning a fire or explosion 32
may be held even though the fire or explosion was previously the 33
subject of another inquiry (a previous inquiry). 34
(2) A fresh inquest may be held if: 35
(a) a previous inquest was terminated before its conclusion because 36
it appeared to the coroner that the person did not die, or 37
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Clause 83 Coroners Bill 2009
Chapter 6 Coronial proceedings
Part 6.5 Resolution of coronial proceedings
(b) a previous inquest was concluded and the coroner's finding, or 1
the jury's recorded verdict, was that the person did not die or that 2
it is uncertain whether the person had died. 3
(3) If the remains of a person are found in the State, a fresh inquest may be 4
held concerning the death of the person even though a previous inquest 5
was held concerning the suspected death of the person. 6
(4) A fresh inquest or inquiry must be held if: 7
(a) an application for a fresh inquest or inquiry is made under this 8
section, and 9
(b) on the basis of the application, the State Coroner is of the opinion 10
that the discovery of new evidence or facts makes it necessary or 11
desirable in the interests of justice to hold a fresh inquest or 12
inquiry. 13
(5) An application for a fresh inquest or inquiry may only be made by a 14
police officer or by a person who was granted leave to appear or be 15
represented at a previous inquest or inquiry. 16
(6) If a successful application for a fresh inquest or inquiry is made under 17
this section, the State Coroner can hold the fresh inquest or inquiry or 18
can direct another coroner to hold it. 19
(7) The findings on the fresh inquest or inquiry may be expressed to be in 20
addition to or in substitution for the findings on any previous inquest or 21
inquiry (even if the previous inquest or inquiry was a fresh inquest or 22
inquiry). 23
(8) This section does not limit or otherwise affect any other power of a 24
coroner (including the State Coroner) to hold a fresh inquest or inquiry 25
and does not limit or affect the provisions of this Act with respect to the 26
termination or suspension of inquests. 27
Page 50
Coroners Bill 2009 Clause 84
Powers of Supreme Court Chapter 7
Resolution of coronial proceedings Part 6.5
Chapter 7 Powers of Supreme Court 1
84 Orders for inquests or inquiries (cf Coroners Act 1980, s 47 (1)) 2
(1) The Supreme Court may, on the application of the Minister or any other 3
person, make any of the following orders if the Court is satisfied that it 4
is necessary or desirable to do so in the interests of justice: 5
(a) an order that an inquest concerning a death or suspected death be 6
held, 7
(b) an order that an inquiry concerning a fire or explosion should be 8
held. 9
(2) An order may be made under this section regardless of whether an 10
inquest concerning the death or suspected death or an inquiry 11
concerning the fire or explosion has been partly held and terminated or 12
suspended. 13
85 Orders for fresh inquests or inquiries (cf Coroners Act 1980, s 47 (2)) 14
The Supreme Court may, on the application of the Minister or any other 15
person, make an order that an inquest or inquiry that has been (or that 16
has purportedly been) held be quashed and that a new inquest or inquiry 17
be held if the Court is satisfied that it is necessary or desirable to do so 18
in the interests of justice because of: 19
(a) fraud, or 20
(b) the rejection of evidence, or 21
(c) an irregularity of proceedings, or 22
(d) an insufficiency of inquiry, or 23
(e) the discovery of new evidence or facts, or 24
(f) any other reason. 25
86 Notification of application (cf Coroners Act 1980, s 47 (2A) and (2B)) 26
(1) If an application for an order under this Chapter is made by a person 27
other than the Minister, notice of the application must be served on the 28
Minister in accordance with the rules of court of the Supreme Court. 29
(2) The Minister is entitled to be heard on the hearing of any application for 30
an order under this Chapter. 31
87 State Coroner to be served with orders (cf Coroners Act 1980, s 47 (3)-(6)) 32
(1) If the Supreme Court makes an order under this Chapter, the order must 33
be served on the State Coroner within 21 days after it is made in 34
accordance with the rules of court of the Court or any directions given 35
by that Court in making the order. 36
Page 51
Clause 87 Coroners Bill 2009
Chapter 7 Powers of Supreme Court
Part 6.5 Resolution of coronial proceedings
(2) If the State Coroner is served with an order made by the Supreme Court 1
under this Chapter that an inquest or inquiry (or a fresh inquest or 2
inquiry) be held: 3
(a) the State Coroner is to hold the inquest or inquiry or direct 4
another coroner to hold the inquest or inquiry, and 5
(b) any coroner who is to hold the inquest or inquiry is taken to have 6
jurisdiction to hold it under this Act. 7
(3) Despite any other provision of this Act, a coroner who has jurisdiction 8
to hold an inquest or inquiry by virtue of subsection (2) may not 9
dispense with the holding of the inquest or inquiry. 10
Page 52
Coroners Bill 2009 Clause 88
Post mortem investigative procedures Chapter 8
Investigation directions, exhumations and related matters Part 8.1
Chapter 8 Post mortem investigative procedures 1
Part 8.1 Investigation directions, exhumations and 2
related matters 3
88 Dignity of deceased person to be respected (cf Coroners Act 1980, s 53AA) 4
(1) When a post mortem examination or other examination or test is 5
conducted on the remains of a deceased person under this Part, regard 6
is to be had to the dignity of the deceased person. 7
(2) If more than one procedure is available to a person conducting a post 8
mortem examination to establish the cause and manner of a deceased 9
person's death, the person conducting the examination is to endeavour 10
to use the least invasive procedures that are appropriate in the 11
circumstances. 12
(3) Without limiting subsection (2), examples of procedures that are less 13
invasive than a full post mortem examination of the remains of a 14
deceased person include (but are not limited to) the following: 15
(a) an external examination of the remains, 16
(b) a radiological examination of the remains, 17
(c) blood and tissue sampling, 18
(d) a partial post mortem examination. 19
89 Coroner may give certain post mortem investigation directions (cf 20
Coroners Act 1980, ss 48, 49 and 53B (4)) 21
(1) A coroner may, by written order, give any one or more of the following 22
directions (a post mortem investigation direction) to an appropriate 23
medical investigator if the coroner considers that it is necessary or 24
desirable to do so for the purpose of assisting in the investigation of the 25
death of a deceased person under this Act: 26
(a) a direction that the investigator conduct (or arrange for another 27
person to conduct) a post mortem examination on the remains of 28
the deceased person, 29
(b) a direction that the investigator conduct (or arrange for another 30
person to conduct) a special examination or test specified in the 31
direction of: 32
(i) the remains of the deceased person, or 33
(ii) the contents of the person's body or any part of the 34
person's body, or 35
Page 53
Clause 89 Coroners Bill 2009
Chapter 8 Post mortem investigative procedures
Part 8.1 Investigation directions, exhumations and related matters
(iii) such other matters or things as the coroner considers ought 1
to be examined for the purpose of coronial proceedings 2
(including, without limitation, any tissue taken from the 3
deceased person before the person's death), 4
(c) a direction that the investigator conduct (or arrange for another 5
person to conduct) a review of the medical records of the 6
deceased person, which may include consultations with medical 7
practitioners involved in the treatment of the deceased person, 8
(d) if it appears to the coroner that the cause of death of the deceased 9
person has not been satisfactorily explained by a report given 10
pursuant to a previous post mortem investigation direction 11
(whether given by the same investigator or another person)--a 12
direction that the investigator conduct (or arrange for another 13
person to conduct) another examination, test or review of the kind 14
referred to in paragraph (a), (b) or (c) (whether or not it is of the 15
same kind as that specified in the previous direction). 16
(2) In addition to the kinds of directions referred to in subsection (1), the 17
coroner may also give a post mortem investigation direction to an 18
appropriate medical investigator that directs the investigator to conduct 19
(or arrange for another person to conduct) an examination of human 20
remains for the purpose of determining whether the remains are those of 21
a stillborn child. 22
(3) An appropriate medical investigator for the purposes of a post mortem 23
investigation direction is any of the following persons: 24
(a) a Coronial Medical Officer, 25
(b) a pathologist, 26
(c) any other person that the coroner considers has appropriate 27
qualifications to conduct (or has the capacity to arrange for 28
another appropriately qualified person to conduct) the 29
examination, test or review specified in the direction. 30
(4) A post mortem investigation direction is subject to such limitations (if 31
any) as may be specified in the order. 32
(5) The following provisions apply in relation to a post mortem 33
investigation direction that requires or permits an appropriate medical 34
investigator to arrange for another person to conduct an examination, 35
test or review specified in the direction: 36
(a) the investigator may (subject to any limitations specified in the 37
direction) arrange for a person (the selected person) to conduct 38
the examination, test or review if the investigator considers that 39
the person has appropriate qualifications to do so, 40
Page 54
Coroners Bill 2009 Clause 90
Post mortem investigative procedures Chapter 8
Investigation directions, exhumations and related matters Part 8.1
(b) the selected person is authorised to conduct the examination, test 1
or review on behalf of the investigator, 2
(c) the investigator may, for the purposes of subsection (7), rely on 3
any report prepared by the selected person on the examination, 4
test or review. 5
(6) Without limiting subsection (1), a coroner may decide to dispense with 6
a post mortem examination on a deceased person if the coroner is 7
satisfied (after obtaining relevant advice from police officers and 8
medical practitioners and consulting with a senior next of kin of the 9
deceased person and any other person that the coroner considers 10
appropriate) that: 11
(a) the deceased person died of natural causes (whether or not the 12
precise cause of death is known), and 13
(b) a senior next of kin of the deceased person has indicated to the 14
coroner that it is not the wish of the deceased person's family that 15
a post mortem examination be conducted on the deceased to 16
determine the precise cause of the deceased's death. 17
(7) A person to whom a post mortem investigation direction is given must, 18
as soon as is reasonably practicable after the examination, test or review 19
specified in the direction is completed, provide the coroner with a 20
written report (a post mortem investigation report) on the results of the 21
examination, test or review. 22
(8) If a post mortem investigation report relates to a review of the medical 23
records of a deceased person, the report is to contain a statement from 24
the person who conducted the review about the person's opinion (if any) 25
as to the probable cause of death based on that review. 26
(9) An assistant coroner may, in accordance with the directions of a coroner 27
given either generally or in a particular case, exercise any function of 28
the coroner under this section. 29
90 Retention and use of human tissue pursuant to direction (cf Coroners Act 30
1980, s 48AA (1)-(3)) 31
(1) This section applies to a post mortem investigation direction for the 32
conduct of an examination or test in relation to a deceased person's 33
remains. 34
(2) A post mortem investigation direction to which this section applies is 35
taken to authorise the removal and use of tissue from the body of the 36
deceased person for any of the following purposes: 37
(a) an investigation by a coroner of the person's death, 38
(b) an investigation of any offence, 39
(c) proceedings for any offence. 40
Page 55
Clause 90 Coroners Bill 2009
Chapter 8 Post mortem investigative procedures
Part 8.1 Investigation directions, exhumations and related matters
(3) A post mortem investigation direction to which this section applies is 1
also taken to authorise the following: 2
(a) the retention of small samples of any of the following tissue 3
removed from the body of the deceased person under 4
subsection (2): 5
(i) bodily fluid, 6
(ii) skin, hair and nails, 7
(iii) any other tissue retained in the form of a tissue slide or 8
tissue block which enables microscopic examination of the 9
tissue, 10
(iv) such tissue as may be directed in writing by a coroner in 11
any particular case, 12
(b) if the tissue is tissue that was taken from the deceased person 13
before his or her death--the retention of the tissue, 14
Note. Section 53 (2) (b) enables a coroner to give directions to a person 15
to provide any tissue taken from a deceased person before his or her 16
death to a specified person for the purposes of investigating the 17
deceased person's death. Section 89 (1) (b) (iii) enables a coroner to 18
give a post mortem investigation direction that any such tissue be 19
examined or tested. 20
(c) the use of any sample retained under paragraph (a) or (b) for any 21
of the following purposes: 22
(i) the exercise by a coroner of his or her functions under this 23
Act, 24
(ii) an investigation of any offence, 25
(iii) any legal proceedings (whether or not in connection with 26
an offence), 27
(iv) a purpose authorised by an authority given under the 28
Human Tissue Act 1983 that is sufficient authority to use 29
the tissue for that purpose, 30
(v) in relation to a sample referred to in paragraph (a) (iii), any 31
medical, therapeutic or scientific purpose, 32
(vi) such other purposes as may be prescribed by the 33
regulations. 34
(4) However, nothing in this section authorises the retention of whole 35
organs of a deceased person after a coroner makes an order authorising 36
the disposal of the deceased person's remains unless a coroner makes a 37
further order under subsection (5) authorising the retention. 38
(5) A coroner may make an order authorising the retention of specified 39
whole organs of a deceased person only if the coroner is satisfied that 40
the retention is necessary or desirable to assist in the investigation of the 41
manner or cause of the person's death. 42
Page 56
Coroners Bill 2009 Clause 91
Post mortem investigative procedures Chapter 8
Investigation directions, exhumations and related matters Part 8.1
(6) A coroner who makes an order under subsection (5) is to cause notice 1
of the making of the order to be given to a senior next of kin of the 2
deceased person as soon as is reasonably practicable after the order is 3
made. 4
(7) This section does not limit the rights of a coroner under section 56 and 5
does not affect anything authorised by or under any other law. 6
91 Warrant for exhumation of deceased's remains (cf Coroners Act 1980, s 53) 7
(1) A coroner may issue a warrant (an exhumation warrant) to a police 8
officer for the exhumation of the remains of a deceased person who has 9
been buried if the coroner considers it desirable to do so for the purpose 10
of directing any of the following: 11
(a) a post mortem examination, or a further or more complete post 12
mortem examination, of the remains (or part of the remains), 13
(b) a special examination or test, or a further or more complete 14
special examination or test, of the remains (or part of the 15
remains). 16
(2) Subject to subsection (3), an exhumation warrant may be issued if: 17
(a) an inquest concerning the death of the deceased person has not 18
been held, or 19
(b) an inquest concerning the death of the deceased person has been 20
suspended because of a person being charged with (or there being 21
evidence that may lead to a person being charged with) an 22
indictable offence, or 23
(c) an inquest concerning the death of the deceased person was 24
terminated following a finding that the person had not died, or 25
(d) an inquest concerning the death of the deceased person was not 26
completed for any other reason, or 27
(e) the Supreme Court has quashed an inquest concerning the death 28
of the deceased person and ordered that a fresh inquest be held. 29
(3) If a previous inquest concerning the death of the deceased person has 30
been suspended or terminated as referred to in subsection (2) (b) or (c), 31
the coroner may not issue an exhumation warrant unless the inquest 32
may be resumed or a fresh inquest may (or is required to be) held under 33
this Act. 34
(4) A police officer to whom an exhumation warrant has been issued is to 35
cause the warrant to be executed and, following its execution, is to 36
report the fact to the coroner. 37
Page 57
Clause 92 Coroners Bill 2009
Chapter 8 Post mortem investigative procedures
Part 8.1 Investigation directions, exhumations and related matters
92 Coronial Medical Officers (cf Coroners Act 1980, s 47A) 1
The Director-General of the Department of Health may appoint such 2
medical practitioners as the Director-General is satisfied are suitably 3
qualified to be Coronial Medical Officers for the purposes of this Act. 4
93 Remuneration of medical practitioners and other persons (cf Coroners Act 5
1980, s 52) 6
(1) This section applies to a medical practitioner or any other person who, 7
in accordance with a direction or request of a coroner, does any of the 8
following: 9
(a) conducts any post mortem examination or any special 10
examination or test, 11
(b) attends and gives evidence at an inquest with respect to a post 12
mortem examination or special examination or test conducted by 13
the medical practitioner or other person. 14
(2) Subject to subsection (3), a medical practitioner or other person to 15
whom this section applies is entitled to be paid fees calculated at the rate 16
prescribed by the regulations (the prescribed fees). 17
(3) A medical practitioner or other person is not entitled to be paid the 18
prescribed fees for carrying out a function referred to in subsection (1) 19
if the medical practitioner or other person carried out the function in his 20
or her capacity as an employee of a public health organisation, 21
correctional centre or other public institution. 22
(4) A medical practitioner who is a visiting practitioner (within the meaning 23
of the Health Services Act 1997) of a public health organisation is not 24
an employee of the organisation for the purposes of subsection (3). 25
(5) In this section: 26
public health organisation has the same meaning as in the Health 27
Services Act 1997. 28
94 Protection for persons acting under coroner's direction (cf Coroners Act 29
1980, s 52A) 30
Anything done or omitted to be done by a medical practitioner or other 31
person does not subject the person to any action, liability, claim or 32
demand if the act or omission was done or omitted to be done in good 33
faith for the purposes of: 34
(a) conducting a post mortem examination or other examination or 35
test pursuant to a direction under this Act, or 36
(b) conducting a review of the medical records of a deceased person 37
pursuant to a direction under this Act. 38
Page 58
Coroners Bill 2009 Clause 95
Post mortem investigative procedures Chapter 8
Objections to exercise of post mortem investigative functions Part 8.2
Part 8.2 Objections to exercise of post mortem 1
investigative functions 2
95 Meaning of "relevant post mortem investigative function" 3
For the purposes of this Part, a relevant post mortem investigative 4
function means any of the following functions of a coroner or assistant 5
coroner: 6
(a) the function of issuing a post mortem investigation direction for 7
the conduct of post mortem examinations on deceased persons, 8
(b) the function of authorising the retention of whole organs of 9
deceased persons under section 90. 10
96 Objections by senior next of kin to exercise of relevant post mortem 11
investigative functions (cf Coroners Act 1980, s 48A (1)-(5)) 12
(1) A senior next of kin of a deceased person may, by notice in writing, 13
request a coroner or an assistant coroner not to exercise a relevant post 14
mortem investigative function in relation to the deceased person. 15
(2) If such a request is made, an assistant coroner must not make any further 16
decision concerning the exercise of the relevant post mortem 17
investigative function but must refer the matter to a coroner. 18
(3) If the coroner decides that the post mortem examination or whole organ 19
retention concerned is necessary or is desirable, the coroner must 20
immediately cause written notice of that decision to be given to the 21
senior next of kin who made the request. 22
(4) The notice must: 23
(a) if the objection relates to the conduct of a post mortem 24
examination--indicate the earliest time at which the post mortem 25
examination may be conducted (being a time that is not earlier 26
than 48 hours after the senior next of kin has been given the 27
notice), and 28
(b) state that the senior next of kin may apply to the Supreme Court 29
for an order that a post mortem examination not be conducted or 30
a whole organ not be retained (as the case requires). 31
97 Applications to Supreme Court by senior next of kin (cf Coroners Act 1980, 32
s 48A (6)-(8)) 33
(1) A senior next of kin to whom a notice has been given under section 96 34
may apply to the Supreme Court within 48 hours after the notice was 35
given for an order that a relevant post mortem investigative function not 36
be exercised. 37
Page 59
Clause 98 Coroners Bill 2009
Chapter 8 Post mortem investigative procedures
Part 8.2 Objections to exercise of post mortem investigative functions
(2) The making of the application to the Supreme Court operates to stay the 1
operation of any order or direction of the coroner for the exercise of the 2
relevant post mortem investigative function. 3
(3) On any such application, the Supreme Court may make any of the 4
following orders if the Court is satisfied that it is necessary or desirable 5
in the circumstances to do so: 6
(a) in the case of an application concerning a post mortem 7
examination being conducted on a deceased person: 8
(i) an order that the post mortem examination not be 9
conducted, or 10
(ii) an order that a post mortem examination be conducted 11
subject to such limitations as the Court may specify in the 12
order, or 13
(iii) an order confirming the direction of the coroner, 14
(b) in the case of an application concerning the retention of a whole 15
organ of a deceased person: 16
(i) an order that the whole organ not be retained, or 17
(ii) an order confirming the order of the coroner. 18
98 Senior next of kin may authorise another person to exercise functions 19
(cf Coroners Act 1980, s 48A (9) and (10)) 20
(1) A senior next of kin of a deceased person may, by instrument in writing, 21
authorise another person to exercise his or her functions as senior next 22
of kin under this Part. 23
(2) In such a case, the person so authorised: 24
(a) may make a request under this Part if a copy of his or her 25
authority to exercise the functions of the senior next of kin is 26
provided to the coroner or assistant coroner concerned with that 27
request, and 28
(b) is taken, for the purposes of this Part (other than subsection (1)), 29
to be the senior next of kin of the deceased person. 30
99 Objection to exercise of relevant post mortem investigative functions by 31
other persons (cf Coroners Act 1980, s 48B) 32
(1) Nothing in this Part prevents a person, other than the deceased person's 33
senior next of kin, from objecting to the exercise of a relevant post 34
mortem investigative function in relation to a deceased person. 35
Page 60
Coroners Bill 2009 Clause 99
Post mortem investigative procedures Chapter 8
Objections to exercise of post mortem investigative functions Part 8.2
(2) If such an objection is made to an assistant coroner, the assistant coroner 1
must not make any further decision concerning the exercise of the 2
function but must refer the matter to a coroner. 3
(3) The other provisions of this Part do not apply in relation to any such 4
objection. 5
Page 61
Clause 100 Coroners Bill 2009
Chapter 9 Disposal of human remains
Part 8.2 Objections to exercise of post mortem investigative functions
Chapter 9 Disposal of human remains 1
100 Unauthorised disposal of human remains (cf Coroners Act 1980, 2
s 53A (1)-(4)) 3
(1) A person must not bury or cremate human remains, or place human 4
remains in a mausoleum or other permanent resting place, or cause the 5
remains to be so buried, cremated or placed, unless: 6
(a) the person has been given, or has in his or her possession, an 7
appropriate disposal authorisation for the disposal of the remains, 8
or 9
(b) the disposal of the remains is otherwise authorised by the 10
regulations. 11
Maximum penalty: 50 penalty units. 12
(2) A person must not deliver or hand over human remains for anatomical 13
or medical research, or remove human remains (other than cremated 14
remains) from the State, or cause such remains to be so delivered, 15
handed over or removed, unless: 16
(a) an appropriate disposal authorisation for the disposal of the 17
remains has been issued, or 18
(b) the disposal of the remains is otherwise authorised by the 19
regulations. 20
Maximum penalty: 50 penalty units. 21
(3) An appropriate disposal authorisation is: 22
(a) in relation to the disposal of the remains of a deceased person 23
(other than a stillborn child)--any of the following documents: 24
(i) a notice given by a medical practitioner for the purpose of 25
section 39 of the Births, Deaths and Marriages 26
Registration Act 1995 relating to the deceased person, 27
(ii) an order made by a coroner under section 101 authorising 28
the disposal of the remains, 29
(iii) a certificate issued under section 51 of the Births, Deaths 30
and Marriages Registration Act 1995 that relates to the 31
deceased person, or 32
(b) in relation to the disposal of the remains of a stillborn child--any 33
of the following documents: 34
(i) a certificate or notice given by a medical practitioner for 35
the purpose of section 12 (3) of the Births, Deaths and 36
Marriages Registration Act 1995 relating to the stillborn 37
child, 38
Page 62
Coroners Bill 2009 Clause 101
Disposal of human remains Chapter 9
Objections to exercise of post mortem investigative functions Part 8.2
(ii) an order made by a coroner under section 101 authorising 1
the disposal of the remains. 2
101 Order authorising disposal of human remains (cf Coroners Act 1980, 3
s 53B (1)-(3) and (5)) 4
(1) A coroner may, by order in writing, authorise the disposal of human 5
remains. 6
(2) Without limiting subsection (1), the order may be made by a coroner 7
who: 8
(a) is holding, has held or is intending to hold an inquest in respect 9
of the death, or 10
(b) has dispensed with the holding of an inquest in respect of the 11
death. 12
(3) If the remains are that of a stillborn child and a medical practitioner has 13
not certified the cause of death of the child, the order may be made by a 14
coroner who has been informed by a police officer of the stillbirth and 15
who is, after consideration of any information in the possession of the 16
coroner, satisfied as to the occurrence of the stillbirth. 17
Note. A post mortem investigation direction may be given by a coroner to an 18
appropriate medical investigator under section 89 (2) for the conduct of an 19
examination of human remains for the purpose of determining whether the 20
remains are those of a stillborn child. 21
(4) If an order is made under subsection (1) authorising the disposal of 22
human remains and it is established at an inquest that the remains were 23
those of a stillborn child, the order is valid and is taken to have been 24
made under subsection (3). 25
Page 63
Clause 102 Coroners Bill 2009
Chapter 10 Miscellaneous
Part 8.2 Objections to exercise of post mortem investigative functions
Chapter 10 Miscellaneous 1
102 Assistance to and from coroners in other jurisdictions (cf Coroners Act 2
1980, s 54A) 3
(1) The State Coroner may request in writing that the person holding a 4
corresponding office in another State or a Territory provide assistance 5
in connection with the exercise by the State Coroner or another coroner 6
of any power under this Act. 7
(2) The State Coroner, at the written request of the person holding a 8
corresponding office in another State or a Territory, may provide 9
assistance to that person or a coroner of that State or Territory in 10
connection with the exercise of a power under the law of that State or 11
Territory. 12
(3) For the purpose of providing assistance, the State Coroner or a coroner 13
may exercise any of his or her powers under this Act irrespective of 14
whether he or she would, apart from this section, have authority to 15
exercise that power. 16
Note. The State Coroner has, in addition to all the powers of a coroner, a 17
general function of overseeing and coordinating coronial services and ensuring 18
that inquests and other investigations are held. The assistance provided may 19
involve the exercise of administrative powers by the State Coroner or the 20
exercise by him or her or another coroner of coronial powers. 21
(4) For the purposes of this section, this Act applies as if the matter that is 22
the subject of the request or direction were the subject of an 23
investigation under this Act. 24
103 Contempt (cf Coroners Act 1980, s 43) 25
(1) Subject to subsections (2) and (3), the provisions of sections 27A and 26
27B of the Local Courts Act 1982 are taken to apply to coronial 27
proceedings as if any reference in those provisions to a Local Court or 28
Magistrate were a reference to the coroner or assistant coroner 29
conducting the coronial proceedings. 30
(2) An assistant coroner conducting coronial proceedings cannot exercise a 31
power conferred by subsection (1) to deal with a contempt or alleged 32
contempt in the proceedings, but must instead refer the matter to a 33
coroner for determination. 34
(3) A coroner to whom a contempt matter in coronial proceedings is 35
referred under subsection (2) may determine the matter as if the 36
contempt or alleged contempt had been committed while the coroner 37
was conducting the proceedings. 38
Page 64
Coroners Bill 2009 Clause 104
Miscellaneous Chapter 10
Objections to exercise of post mortem investigative functions Part 8.2
104 Regulations (cf Coroners Act 1980, s 58) 1
(1) The Governor may make regulations, not inconsistent with this Act, for 2
or with respect to any matter that by this Act is required or permitted to 3
be prescribed or that is necessary or convenient to be prescribed for 4
carrying out or giving effect to this Act. 5
(2) In particular, the regulations may make provision for or with respect to 6
any of the following matters: 7
(a) the conduct of and procedure for coronial proceedings, 8
(b) the functions of the State Coroner and of the Deputy State 9
Coroners, 10
(c) forms to be used under this Act, 11
(d) the allowance to be paid to witnesses attending coronial 12
proceedings. 13
(3) Without limiting subsection (1), the regulations may make provision for 14
or with respect to the use of an electronic case management system 15
whose use, in respect of coronial proceedings, is authorised by an order 16
in force under section 14C of the Electronic Transactions Act 2000, 17
including provisions for or with respect to: 18
(a) the kinds of coronial proceedings in respect of which that system 19
may or must be used, and 20
(b) the kinds of documents that may or must be filed in connection 21
with coronial proceedings by means of that system, and 22
(c) the kinds of documents that may or must be issued in connection 23
with coronial proceedings by means of that system, and 24
(d) the practice and procedure to be followed in connection with 25
documents that are filed or issued by means of that system, and 26
(e) the persons to whom, the circumstances in which and the 27
conditions on which access may be given to information 28
contained on that system in connection with coronial 29
proceedings. 30
(4) The regulations may create offences punishable by a penalty not 31
exceeding 5 penalty units. 32
105 Service or giving of documents 33
(1) A document that is authorised or required by this Act or the regulations 34
to be served on or given to any person may be served or given: 35
(a) in the case of a natural person: 36
(i) by delivering it to the person personally, or 37
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Clause 106 Coroners Bill 2009
Chapter 10 Miscellaneous
Part 8.2 Objections to exercise of post mortem investigative functions
(ii) by sending it by post to the address specified by the person 1
for the giving or service of documents or, if no such 2
address is specified, the residential or business address of 3
the person last known to the person giving or serving the 4
document, or 5
(iii) by sending it by facsimile transmission to the facsimile 6
number of the person, or 7
(b) in the case of a body corporate: 8
(i) by leaving it with a person apparently of or above the age 9
of 16 years at, or by sending it by post to, the head office, 10
a registered office or a principal office of the body 11
corporate or to an address specified by the body corporate 12
for the giving or service of documents, or 13
(ii) by sending it by facsimile transmission to the facsimile 14
number of the body corporate. 15
(2) Nothing in this section affects the operation of any provision of a law or 16
of the rules of a court authorising a document to be served on a person 17
in any other manner. 18
106 Nature of proceedings for offences (cf Coroners Act 1980, s 54 (2)) 19
Proceedings for an offence under this Act or the regulations may be 20
dealt with summarily before a Local Court. 21
107 Offences by corporations (cf Coroners Act 1980, s 45 (5) and (6)) 22
(1) If a corporation contravenes any provision of this Act or the regulations, 23
each person who is a director of the corporation or who is concerned in 24
the management of the corporation is taken to have contravened the 25
same provision if the person knowingly authorised or permitted the 26
contravention. 27
(2) A person may be proceeded against and convicted under a provision 28
pursuant to subsection (1) whether or not the corporation has been 29
proceeded against or convicted under that provision. 30
(3) Nothing in this section affects any liability imposed on a corporation for 31
an offence committed by the corporation under this Act or the 32
regulations. 33
108 Repeal of Coroners Act 1980 No 27 34
The Coroners Act 1980 is repealed. 35
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Coroners Bill 2009 Clause 109
Miscellaneous Chapter 10
Objections to exercise of post mortem investigative functions Part 8.2
109 Review of Act 1
(1) The Minister is to review this Act to determine whether the policy 2
objectives of the Act remain valid and whether the terms of the Act 3
remain appropriate for securing those objectives. 4
(2) The review is to be undertaken as soon as possible after the period of 5
5 years from the date of assent to this Act. 6
(3) A report on the outcome of the review is to be tabled in each House of 7
Parliament within 12 months after the end of the period of 5 years. 8
Page 67
Coroners Bill 2009
Schedule 1 Provisions relating to coronial officers
Schedule 1 Provisions relating to coronial officers 1
Part 1 State Coroner and Deputy State Coroners 2
1 Application of Public Sector Employment and Management Act 2002 (cf 3
Coroners Act 1980, s 4A (9)) 4
The Public Sector Employment and Management Act 2002 (including 5
Chapter 5 of that Act) does not apply to or in respect of the appointment 6
or employment of the State Coroner or a Deputy State Coroner. 7
2 Vacation of office as State Coroner or Deputy State Coroner (cf Coroners 8
Act 1980, s 4B) 9
(1) A person vacates the office of State Coroner or Deputy State Coroner if 10
the person: 11
(a) dies, or 12
(b) ceases to be a Magistrate, or 13
(c) resigns the office by instrument in writing addressed to the 14
Governor, or 15
(d) completes the person's term of office and is not re-appointed. 16
(2) A person does not cease to be a coroner or a Magistrate merely because 17
of vacating the office of State Coroner or Deputy State Coroner. 18
3 Remuneration (cf Coroners Act 1980, s 4C) 19
The State Coroner and a Deputy State Coroner are entitled to be paid: 20
(a) remuneration in accordance with the Statutory and Other Offices 21
Remuneration Act 1975, and 22
(b) such travelling and subsistence allowances as the Minister may 23
from time to time determine in respect of each of them. 24
Part 2 Coroners and assistant coroners 25
4 Part-time arrangements (cf Coroners Act 1980, s 5 (3)) 26
(1) A person's appointment as a coroner: 27
(a) if the person is a Magistrate--is taken to be on either a full-time 28
or part-time basis, according to whether the person holds the 29
office of Magistrate on a full-time or part-time basis, or 30
(b) if the person is not a Magistrate--is taken to be an appointment 31
on a full-time basis unless the appointment is expressed, in the 32
person's instrument of appointment, to be on a part-time basis. 33
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Coroners Bill 2009
Provisions relating to coronial officers Schedule 1
(2) A coroner who is not a Magistrate, although not appointed on a 1
part-time basis, may, by agreement in writing entered into with the State 2
Coroner, exercise the functions of the office of coroner on a part-time 3
basis. 4
5 Vacation of office as an appointed coroner or assistant coroner (cf 5
Coroners Act 1980, ss 5A (3) and 6A (1)-(3)) 6
(1) A person appointed to the office of coroner or assistant coroner vacates 7
that office if the person: 8
(a) dies, or 9
(b) resigns the office by instrument in writing addressed to the 10
Minister, or 11
(c) ceases to hold office as such by operation of clause 6, or 12
(d) is removed from office, or 13
(e) in the case of a person holding office for a term--completes the 14
person's term of office and is not re-appointed, or 15
(f) in the case of a person holding office as a coroner (but without 16
limiting paragraphs (a)-(e)): 17
(i) ceases to be qualified for appointment as a coroner for the 18
purposes of section 12, or 19
(ii) attains the age of 72 years where the person was appointed 20
to the office before attaining that age, or 21
(g) in the case of a person holding office as an assistant coroner (but 22
without limiting paragraphs (a)-(e)): 23
(i) is appointed as a coroner, or 24
(ii) ceases to be a member of staff of the Attorney General's 25
Department. 26
(2) A person who is a Magistrate does not cease to be a Magistrate merely 27
because of vacating the office of coroner or assistant coroner. 28
6 Oaths or affirmations to be taken or made by coroners and assistant 29
coroners (cf Coroners Act 1980, s 7) 30
(1) A person appointed as a coroner who is not a Magistrate must not act as 31
a coroner unless the person has: 32
(a) taken and subscribed the oath of allegiance and the judicial oath 33
prescribed by the Oaths Act 1900 or made and subscribed solemn 34
affirmations in the form of those oaths, and 35
(b) transmitted them to the Minister. 36
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Coroners Bill 2009
Schedule 1 Provisions relating to coronial officers
(2) A person appointed as an assistant coroner must not act as an assistant 1
coroner unless the person has: 2
(a) taken and subscribed the oath of allegiance prescribed by the 3
Oaths Act 1900 or made and subscribed a solemn affirmation in 4
the form of that oath, and 5
(b) transmitted it to the Minister. 6
(3) Any such oath or affirmation may be taken or made before and may be 7
administered and received by any Magistrate. 8
(4) A person appointed as a coroner who does not, within 3 months after 9
appointment as a coroner, take the oaths or make the affirmations 10
referred to in subclause (1) ceases to hold office as coroner when that 11
period ends. 12
(5) A person appointed as an assistant coroner who does not, within 13
3 months after appointment as an assistant coroner, take the oath or 14
make the affirmation referred to in subclause (2) ceases to hold office 15
as assistant coroner when that period ends. 16
7 Remuneration 17
(1) A person appointed as a coroner or assistant coroner who is a public 18
servant is not entitled, while a public servant, to be paid any 19
remuneration for acting as a coroner or assistant coroner that is in 20
addition to his or her remuneration as a public servant. 21
(2) A person appointed as a coroner or assistant coroner who is not a public 22
servant is entitled to be paid such remuneration, and such travelling and 23
subsistence allowances, as the Minister may from time to time 24
determine. 25
(3) In this clause: 26
public servant means a member of staff of a Department within the 27
meaning of the Public Sector Employment and Management Act 2002. 28
Part 3 General provisions 29
8 Definitions 30
In this Part, coronial officer means any of the following: 31
(a) the State Coroner, 32
(b) a Deputy State Coroner, 33
(c) a coroner appointed under this Act, 34
(d) a Magistrate exercising coronial jurisdiction conferred on the 35
Magistrate by section 16, 36
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Coroners Bill 2009
Provisions relating to coronial officers Schedule 1
(e) an assistant coroner, 1
and coronial office has a corresponding meaning. 2
9 Effect of appointment and service as coroner (cf Coroners Act 1980, s 4A (6) 3
and (8)) 4
(1) Except as provided by section 7 (6), the appointment of a Magistrate as 5
a coronial officer does not affect the Magistrate's tenure of office, rank, 6
title, status or precedence as a Magistrate. 7
(2) The service of a Magistrate as a coronial officer is taken, for all 8
purposes, to be service as a Magistrate. 9
10 Continuation of proceedings after vacation of office 10
(1) A person who vacates office as a coronial officer otherwise than by 11
death or having been removed from office may, despite vacating his or 12
her office, continue to hear and determine and otherwise deal with any 13
proceedings that have been heard, or partly heard, by the person before 14
vacating his or her office. 15
(2) While a person continues to deal with, under subclause (1), any 16
proceedings that have been heard or partly heard by the person before 17
vacating office, the person has all the entitlements and functions of a 18
coronial officer that the person had immediately before vacating office 19
and, for the purpose of those proceedings, is taken to continue to be a 20
coronial officer holding the same coronial office as the person had 21
immediately before vacating office. 22
(3) Nothing in this clause operates to authorise a person who has vacated 23
office as the State Coroner to continue to exercise the functions of the 24
State Coroner generally. 25
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Coroners Bill 2009
Schedule 2 Savings, transitional and other provisions
Schedule 2 Savings, transitional and other 1
provisions 2
Part 1 General 3
1 Regulations 4
(1) The regulations may contain provisions of a savings or transitional 5
nature consequent on the enactment of the following Acts: 6
this Act 7
(2) If the regulations so provide, any such provision may: 8
(a) have effect despite any specified provision of this Act (including 9
a provision of this Schedule), and 10
(b) take effect from the date of assent to the Act concerned or a later 11
date. 12
(3) To the extent to which any such provision takes effect from a date that 13
is earlier than the date of its publication on the NSW legislation website, 14
the provision does not operate so as: 15
(a) to affect, in a manner prejudicial to any person (other than the 16
State or an authority of the State), the rights of that person 17
existing before the date of its publication, or 18
(b) to impose liabilities on any person (other than the State or an 19
authority of the State) in respect of anything done or omitted to 20
be done before the date of its publication. 21
Part 2 Provisions consequent on enactment of this 22
Act 23
Division 1 Interpretation 24
2 Definitions 25
In this Part: 26
former Act means the Coroners Act 1980. 27
repeal day means the day on which the former Act is repealed by this 28
Act. 29
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Coroners Bill 2009
Savings, transitional and other provisions Schedule 2
Division 2 Provisions relating to existing coronial officers 1
3 Current State Coroner and Deputy State Coroners 2
(1) A person who immediately before the repeal day held office as the State 3
Coroner under the former Act is taken, on and from that day, to have 4
been appointed and to hold office as the State Coroner under this Act 5
until such time as he or she vacates office under this Act. 6
(2) A person who immediately before the repeal day held office as a Deputy 7
State Coroner under the former Act is taken, on and from that day, to 8
have been appointed and to hold office as a Deputy State Coroner under 9
this Act until such time as he or she vacates office under this Act. 10
(3) A person to whom subclause (1) or (2) applies is taken to have been 11
appointed to the office of the State Coroner or a Deputy State Coroner 12
(as the case may be) under this Act for the balance of the term of office 13
for which the person was appointed under the former Act. 14
4 Senior Deputy State Coroner 15
(1) The office of Senior Deputy State Coroner is abolished on the repeal 16
day. 17
(2) Any Deputy State Coroner who, immediately before the repeal day, 18
held office as the Senior Deputy State Coroner under the former Act 19
ceases on and from that day to hold that office. 20
(3) A person who, by operation of this clause, ceases to hold office as the 21
Senior Deputy State Coroner: 22
(a) is not entitled to any remuneration or compensation because of 23
the loss of that office, and 24
(b) continues to hold the office of a Deputy State Coroner under this 25
Act until such time as the person vacates that office. 26
5 Current appointed coroners and assistant coroners 27
(1) Any person who immediately before the repeal day held office as a 28
coroner appointed under the former Act: 29
(a) in the case of a person who is either a Magistrate or an Australian 30
lawyer--is taken, on and from the repeal day, to have been 31
appointed and to hold office as a coroner under this Act until such 32
time as he or she vacates office under this Act, or 33
(b) in the case of a person who is neither a Magistrate nor an 34
Australian lawyer (but is a member of staff of the Attorney 35
General's Department)--ceases to hold office as a coroner on the 36
repeal day and is taken, on and from that day, to have been 37
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Coroners Bill 2009
Schedule 2 Savings, transitional and other provisions
appointed and to hold office as an assistant coroner under this Act 1
until such time as he or she vacates office under this Act, or 2
(c) in the case of a person who is neither a Magistrate nor an 3
Australian lawyer and is not a member of staff of the Attorney 4
General's Department--ceases to hold office as a coroner on the 5
repeal day. 6
(2) Any person who immediately before the repeal day held office as an 7
assistant coroner under the former Act: 8
(a) in the case of a person who is a member of staff of the Attorney 9
General's Department--is taken, on and from the repeal day, to 10
have been appointed and to hold office as an assistant coroner 11
under this Act until such time as he or she vacates office under 12
this Act, or 13
(b) in any other case--ceases to hold office as an assistant coroner on 14
the repeal day. 15
(3) If a person to whom subclause (1) (a) or (b) applies was appointed as a 16
coroner under the former Act for a specified term, the person is taken to 17
have been appointed to the office of coroner or assistant coroner (as the 18
case may be) under this Act for the balance of that term. 19
(4) Any person who ceases to hold office as a coroner or assistant coroner 20
by operation of this clause is not entitled to any compensation because 21
of the loss of that office. 22
(5) The State Coroner may give such directions as the State Coroner 23
considers appropriate (whether generally or specifically) with respect 24
to: 25
(a) the transfer to other coroners or assistant coroners of matters that 26
were being dealt with by persons who have ceased to be coroners 27
or assistant coroners by operation of this clause, and 28
(b) the continuation and resolution of proceedings arising from or 29
involving such matters. 30
6 Current Coronial Medical Officers 31
Any person who immediately before the repeal day held office as a 32
Coronial Medical Officer for the purposes of the former Act is taken, on 33
and from that day, to have been appointed and to be a Coronial Medical 34
Officer for the purposes of this Act until such time as he or she vacates 35
office as such. 36
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Coroners Bill 2009
Savings, transitional and other provisions Schedule 2
7 Existing commissions and other instruments that appoint persons to 1
office on or after repeal day 2
(1) A commission or other instrument of appointment made under or for the 3
purposes of the former Act (an existing appointment instrument) that, 4
but for the repeal of the former Act, would have operated on or after the 5
repeal day to appoint a person to the office of State Coroner, a Deputy 6
State Coroner, a coroner or an assistant coroner is taken on and from 7
that day to have been issued under or for the purposes of this Act. 8
(2) An existing appointment instrument operates, on the day specified in 9
the instrument, to appoint the person named in the instrument: 10
(a) in the case of the appointment of a person to the office of coroner 11
where the person is not a Magistrate or Australian lawyer (but is 12
a member of staff of the Attorney General's Department)--to the 13
office of assistant coroner under this Act, and 14
(b) in any other case (but subject to subclause (3))--to the office 15
under this Act that corresponds to the office specified in the 16
instrument. 17
(3) An existing appointment instrument has no force or effect for the 18
purposes of this Act if it provides for: 19
(a) the appointment of a person to the office of coroner where that 20
person is not a Magistrate or Australian lawyer and not a member 21
of staff of the Attorney General's Department, or 22
(b) the appointment of a person to the office of assistant coroner 23
where that person is not a member of staff of the Attorney 24
General's Department. 25
8 Oaths of office required for certain coronial officers appointed before 26
repeal day 27
Clause 6 of Schedule 1 extends to a person appointed as a coroner or 28
assistant coroner under the former Act who has not taken the oaths or 29
made the affirmations required of them by section 7 of that Act as in 30
force immediately before the repeal day. 31
Division 3 Reports and death certificates 32
9 Reporting of deaths occurring before repeal day 33
(1) A person who, immediately before the repeal day, had not complied 34
with an obligation to report a death or suspected death imposed on the 35
person by section 12A of the former Act is taken on and from the repeal 36
day to be under an obligation to report the death or suspected death 37
under section 35. 38
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Coroners Bill 2009
Schedule 2 Savings, transitional and other provisions
(2) Nothing in subclause (1) prevents a person from being prosecuted or 1
convicted for a contravention of section 12A (1) of the former Act that 2
occurred before the repeal day. 3
10 Death certificates in relation to deaths occurring before repeal day 4
Section 12B of the former Act, as in force immediately before the repeal 5
day, continues to apply in relation to the giving of certificates as to the 6
cause of any death that occurred before the repeal day. 7
11 Provision of information to Ombudsman 8
The repeal of section 12A of the former Act does not affect any 9
obligation that the State Coroner may have had under that section 10
immediately before the repeal day to provide relevant material to the 11
Ombudsman. 12
12 Annual reports on deaths in custody 13
The State Coroner is to include in his or her first annual report to the 14
Minister under section 37 any details of deaths or suspected deaths 15
occurring before the repeal day that the State Coroner would have had 16
to include in a report under section 12A (4) of the former Act had the 17
former Act not been repealed. 18
Division 4 Jurisdiction and current proceedings 19
13 Jurisdiction in relation to matters occurring before repeal day 20
(1) Any death or suspected death that occurred (or is suspected to have 21
occurred), or any fire or explosion that occurred, before the repeal day 22
is examinable under this Act if it would have been examinable under the 23
former Act had the former Act not been repealed. 24
(2) If any such death, suspected death, fire or explosion would have been 25
examinable under the former Act only by the State Coroner or a Deputy 26
State Coroner, it continues to be examinable only by the State Coroner 27
or a Deputy State Coroner under this Act. 28
(3) Nothing in this clause prevents a matter being examinable under a 29
provision of this Act even if the matter would not have been examinable 30
under the former Act. 31
14 Pending or part completed inquests or inquiries 32
(1) Subject to this Part and the regulations, this Act applies in relation to 33
any inquest or inquiry under the former Act that was pending or part 34
completed immediately before the repeal day (a current inquest or 35
inquiry) in the same way as this Act applies to an inquest or inquiry that 36
is commenced on or after the repeal day. 37
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Coroners Bill 2009
Savings, transitional and other provisions Schedule 2
(2) Without limiting subclause (1), the provisions of this Act dealing with 1
functions of or in relation to juries extend to any current inquest or 2
inquiry that was being held before a jury (or was required to be held 3
before a jury under section 18 of the former Act) immediately before the 4
repeal day as if: 5
(a) a direction for the use of the jury had been given by the State 6
Coroner under section 48 of this Act, and 7
(b) in the case where the coroner for the current inquest or inquiry is 8
not the State Coroner--section 48 of this Act authorised the 9
coroner to preside over the current inquest or inquiry with the 10
jury. 11
(3) For the purpose of facilitating the continuation and conclusion of a 12
current inquest or inquiry, the coroner holding the inquest or inquiry 13
may give such directions concerning the conduct of the inquest or 14
inquiry as seem appropriate to the coroner in the circumstances. 15
15 Re-opening inquests and inquiries and use of depositions taken in 16
former proceedings 17
Subject to the regulations: 18
(a) the provisions of this Act that enable or require a fresh inquest or 19
fresh inquiry to be held (or that enable or require a suspended or 20
terminated inquest or inquiry to be resumed or continued) extend 21
to inquests or inquiries that were previously held, suspended or 22
terminated under the former Act (or any previous Act or other 23
law dealing with coronial inquests or inquiries), and 24
(b) the provisions of this Act that enable a coroner who has dispensed 25
with holding an inquest or inquiry concerning a matter to 26
subsequently hold an inquest or inquiry concerning the matter 27
extend to inquests or inquiries that the coroner dispensed with 28
under the former Act (or any previous Act or other law dealing 29
with coronial inquests or inquiries), and 30
(c) the provisions of section 64 of this Act extend to depositions 31
taken at any inquest or inquiry previously held under the former 32
Act (or any previous Act or other law dealing with coronial 33
inquests or inquiries). 34
16 Orders of Supreme Court under section 47 of former Act 35
(1) This clause applies to an order made by the Supreme Court under 36
section 47 of the former Act if: 37
(a) the order is in force immediately before the repeal day, and 38
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Coroners Bill 2009
Schedule 2 Savings, transitional and other provisions
(b) the Minister administering the former Act has not, before the 1
repeal day, endorsed the name of a coroner on a copy of the order 2
for the purposes of that section. 3
(2) Section 87 of this Act is taken to extend to an order to which this clause 4
applies as if the State Coroner had been served with the order under that 5
section on the repeal day. 6
17 Existing warrants and subpoenas 7
(1) Any warrant or subpoena in force under a provision of the former Act 8
immediately before the repeal day is taken, on and from that day, to be 9
a warrant or subpoena in force under the provision of this Act that 10
corresponds or substantially corresponds to the provision in the former 11
Act, and may be executed and enforced accordingly. 12
(2) Without limiting subclause (1), a warrant for the apprehension of a 13
person in force under the former Act immediately before the repeal day 14
is taken, on and from that day, to be a warrant for the arrest of the person 15
issued under Part 6.3 of this Act, and may be executed and enforced 16
accordingly. 17
Division 5 Miscellaneous 18
18 Continuation of Coroners Regulation 2005 19
The Coroners Regulation 2005 is taken on and from the repeal day to 20
be a regulation under this Act, and may be amended and repealed 21
accordingly. 22
19 References to former Act and this Act 23
(1) In any other Act or in any instrument made under another Act (and 24
except as provided by subclauses (2) and (3)): 25
(a) subject to paragraph (b), a reference to the former Act is to be 26
read on and from the repeal day as a reference to this Act, and 27
(b) a reference to a provision of the former Act is to be read on and 28
from the repeal day as a reference to the provision or provisions 29
(if any) of this Act that correspond or substantially correspond to 30
the provision of the former Act. 31
(2) Subclause (1) does not apply to a reference to the former Act in any of 32
the following provisions: 33
(a) Schedule 3 to the Births, Deaths and Marriages Registration Act 34
1995, 35
(b) Schedule 1 to the Local Courts Act 1982, 36
(c) Schedule 8 to the Jury Act 1977, 37
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Coroners Bill 2009
Savings, transitional and other provisions Schedule 2
(d) Schedule 1 to the Subordinate Legislation (Repeal) Act 1985, 1
(e) such other provisions of other Acts, or instruments made under 2
other Acts, as may be prescribed by the regulations. 3
(3) A reference to this Act in any of the following provisions is to be read 4
as including a reference to the former Act: 5
(a) section 39 (2) and (4) of the Births, Deaths and Marriages 6
Registration Act 1995, 7
(b) section 45U (1) (c) (iii) of the Commission for Children and 8
Young People Act 1998, 9
(c) such other provisions of other Acts, or instruments made under 10
other Acts, as may be prescribed by the regulations. 11
20 General savings provision 12
(1) Subject to this Part and the regulations, anything done under or for the 13
purposes of a provision of the former Act is, to the extent that the thing 14
has effect immediately before the repeal day, taken on and from that day 15
to have been done under or for the purposes of the provision of this Act 16
(if any) that corresponds or substantially corresponds to the provision of 17
the former Act. 18
(2) Without limiting subclause (1) (and subject to this Part and the 19
regulations), any dispensation, delegation, notice, notification, notation, 20
objection, request, order or direction in force or having effect under a 21
provision of the former Act immediately before the repeal day is taken 22
on and from that day to be a dispensation, delegation, notice, 23
notification, notation, objection, request, order or direction in force or 24
having effect under the provision of this Act (if any) that corresponds or 25
substantially corresponds to the provision of the former Act. 26
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Coroners Bill 2009
Schedule 3 Consequential amendment of Acts and Regulations
Schedule 3 Consequential amendment of Acts and 1
Regulations 2
3.1 Anatomy Act 1977 No 126 3
Section 9 Conditions of taking possession of body 4
Omit "section 53A of the Coroners Act 1980" from section 9 (b). 5
Insert instead "section 100 of the Coroners Act 2009". 6
3.2 Births, Deaths and Marriages Registration Act 1995 No 62 7
[1] Section 38 Circumstances in which death must not be registered 8
Omit "section 53B of the Coroners Act 1980" from section 38 (1) (b). 9
Insert instead "section 101 of the Coroners Act 2009". 10
[2] Section 38 (1) (c) 11
Omit "section 16A (1) or (2) of the Coroners Act 1980". 12
Insert instead "section 34 (1) or (2) of the Coroners Act 2009". 13
[3] Section 39 Notification of deaths by doctors 14
1
Omit "Coroners Act 1980 " from section 39 (2) (b). 15
Insert instead "Coroners Act 2009". 16
[4] Section 39 (2), note 17
Omit the note. 18
[5] Section 39 (3) 19
Omit "section 12B of the Coroners Act 1980". 20
Insert instead "section 38 of the Coroners Act 2009". 21
3.3 Children and Young Persons (Care and Protection) Act 1998 22
No 157 23
Section 180 Functions--generally 24
Omit "section 13A or 13AB of the Coroners Act 1980" from 25
section 180 (2) (a). 26
Insert instead "the Coroners Act 2009". 27
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Coroners Bill 2009
Consequential amendment of Acts and Regulations Schedule 3
3.4 Coroners Act 2009 1
[1] Section 24 Jurisdiction concerning deaths of children and disabled 2
persons 3
Omit "section 135" from paragraph (c) of the definition of child in care in 4
section 24 (3). 5
Insert instead "section 135A". 6
[2] Section 65 Records of evidence 7
Omit "a Local Court" from section 65 (2) (b). Insert instead "the Local Court". 8
[3] Section 103 Contempt 9
Omit "sections 27A and 27B of the Local Courts Act 1982" and "a Local 10
Court" from section 103 (1). 11
Insert instead "section 24 of the Local Court Act 2007" and "the Local Court", 12
respectively. 13
[4] Section 106 Nature of proceedings for offences 14
Omit "a Local Court". Insert instead "the Local Court". 15
3.5 Coroners Regulation 2005 16
[1] Clause 3A 17
Insert after clause 3: 18
3A Procedures excluded from definition of "health-related 19
procedure" in section 6 (3) of Act 20
The following are excluded procedures for the purposes of the 21
definition of health-related procedure in section 6 (3) of the Act: 22
(a) the giving of an intravenous injection, 23
(b) the giving of an intramuscular injection, 24
(c) intravenous therapy, 25
(d) the insertion of a line or cannula, 26
(e) artificial ventilation, 27
(f) cardio-pulmonary resuscitation, 28
(g) urethral catheterisation, 29
(h) the insertion of a naso-gastric tube, 30
(i) intra-arterial blood gas collection, 31
(j) venipuncture for blood collection for testing, 32
Page 81
Coroners Bill 2009
Schedule 3 Consequential amendment of Acts and Regulations
(k) the giving of a subcutaneous injection or infusion, 1
(l) ear syringing, 2
(m) acupuncture. 3
[2] Clause 4 Composition of juries for inquests concerning mining 4
accidents at Broken Hill: section 18 5
Omit the clause. 6
[3] Clause 5 Coronial Medical Officers: section 47A 7
Omit the clause. 8
[4] Clause 6 Fees payable to medical practitioners and odontologists: 9
section 93 10
Omit "section 52" and "an order". 11
Insert instead "section 93" and "a direction", respectively. 12
3.6 Health Administration Act 1982 No 135 13
Section 23 Specially privileged information 14
Omit "an order under section 14F (1) of the Coroners Act 1980" and "section 15
13 (1) (f)" from section 23 (5). 16
Insert instead "a direction under section 53 (1) of the Coroners Act 2009" and 17
"paragraph (e) of the definition of reportable death in section 6 (1)", 18
respectively. 19
3.7 Jury Act 1977 No 18 20
Section 4 Definitions 21
Omit "section 18 of the Coroners Act 1980" from the definition of coronial 22
inquest in section 4 (1). 23
Insert instead "section 48 of the Coroners Act 2009". 24
Page 82
Coroners Bill 2009
Amendments replacing "Coroners Act 1980" with "Coroners Act 2009" Schedule 4
Schedule 4 Amendments replacing "Coroners Act 1
1980" with "Coroners Act 2009" 2
Each Act and Regulation specified in Column 1 of the Table of amendments below 3
is amended by omitting "Coroners Act 1980" wherever occurring in the provision of 4
that Act or Regulation specified in Column 2 of the Table and by inserting instead 5
"Coroners Act 2009": 6
Table of amendments 7
Column 1 Column 2
Anatomy Act 1977 No 126 Sections 8B (1),
14 (6) (a) and 15 (3)
Births, Deaths and Marriages Registration Act 1995 No 62 Sections 39 (4) and 51
Commission for Children and Young People Act 1998 No 146 Section 45U (1) (c) (iii)
Coroners Regulation 2005 Clause 3 (1) (definition
of "the Act")
Court Security Act 2005 No 1 Section 4 (1) (definition
of "court")
Crimes (Administration of Sentences) Act 1999 No 93 Section 74 (2)
Criminal Procedure Act 1986 No 209 Sections 285 (6)
(definition of "Judge")
and 286 (3) (definition
of "Judge")
Freedom of Information Act 1989 No 5 Section 6 (1) (definition
of "judicial functions")
Health Administration Act 1982 No 135 Section 23 (6)
Health Records and Information Privacy Act 2002 No 71 Section 13 (3)
(definition of "judicial
functions of a court or
tribunal")
Human Tissue Act 1983 No 164 Sections 25 (1), 30 (1),
31 (2) (note), 31B (1),
31C (note), 34A (3) and
36 (4) (a)
Jury Act 1977 No 18 Section 23 (3)
Medical Practice Act 1992 No 94 Section 66AA (2)
Passenger Transport Act 1990 No 39 Sections 46BA (5) (c)
and 46BC (2) (c)
Privacy and Personal Information Protection Act 1998 No 133 Section 6 (3) (definition
of "judicial functions")
Page 83
Coroners Bill 2009
Schedule 4 Amendments replacing "Coroners Act 1980" with "Coroners Act 2009"
Column 1 Column 2
Public Health (Disposal of Bodies) Regulation 2002 Clauses 3 (1) (definition
of "coroner"), 9 (3),
15 (5), 38 (1) (c) and
(2) (c), 39 (2) (a) and
40 (1)
Rail Safety Act 2008 No 97 Sections 67 (5) (c) and
69 (2) (c)
Sheriff Act 2005 No 6 Section 6 (3) (definition
of "legal proceedings")
Witness Protection Act 1995 No 87 Section 31A (definition
of "relevant
proceeding")
Page 84
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