CORONERS ACT 1997
Table of Provisions
PART 1--PRELIMINARY
Division 1.1--Introduction
Division 1.2--Objects and important concepts
- 3BA Objects of Act
- 3BB Meaning of death in care
- 3C Meaning of death in custody
- 3D Who is a custodial officer?
PART 2--THE CORONER'S COURT
Division 2.1--Establishment
- 4 Establishment
Division 2.2--Appointment etc of coroners
- 5 Coroners
- 6 Chief Coroner
- 7 Chief Coroner's functions
- 8 Deputy coroners
- 9 Deputy coroners' functions
- 10 Oath to be taken by coroner or deputy coroner
- 11 Registrar and deputy registrars
- 11A Coroner for matter not available
PART 3--JURISDICTION OF CORONERS
Division 3.1--Inquests into deaths
- 12 General functions and jurisdiction of coroner
- 13 Coroner's jurisdiction in relation to deaths
- 15 Control and release of body of deceased
- 17 Assistance to State and other Territory coroners
- 17A Considerations before exercising function or making decision
Division 3.2--Inquiries into fires
- 18 Coroner's jurisdiction in relation to fires
Division 3.3--Inquiries into disasters
- 19 Coroner's jurisdiction in relation to disasters
PART 4--POST-MORTEM EXAMINATIONS AND EXHUMATIONS
- 19A Meaning of ancillary examination—pt 4
- 19B Directions to obtain medical records
- 19C Ancillary examination
- 20 Dispensing with post-mortem examination
- 21 Directions to doctors to conduct post-mortem examinations
- 22 Unavailability of doctor directed to conduct a post-mortem examination
- 23 Consideration of immediate family
- 24 Reconsideration of decisions
- 25 Previous attending doctor entitled to observe post-mortem
- 27 Warrant for exhumation of body or recovery of ashes
- 29 Form of warrant for exhumation
- 30 Reinterment of remains or ashes
- 31 Removal of body or ashes for purposes of inquest outside the ACT
- 32 Report by doctor or analyst
- 33 Assistance at post-mortems etc
PART 5--INQUESTS AND INQUIRIES
Division 5.1--Hearings
- 34 Hearings
- 34A Decision not to conduct hearing
- 35 Time and place of hearing
- 36 Adjournment of hearing
- 37 Notification of immediate family
- 38 Notice relating to conduct of hearing
- 39 Inquests into non-custodial deaths and inquiries—discretion to appoint counsel
- 39A Functions of counsel assisting
- 39B Counsel assisting—revocation of appointment
- 40 Hearing in public except in certain cases
- 41 Hearing to be held without jury
- 42 Representation at hearing
- 42A Appearance by audiovisual or audio links
Division 5.2--Witnesses
- 43 Power of coroner to subpoena witnesses etc
- 44 Service of subpoena on witness
- 45 Arrest of witness
- 46 People about to leave ACT—examination and production of documents
Division 5.3--Evidence and procedure
- 47 Rules of evidence do not apply
- 48 Evidence
- 49 Record of proceedings
- 50 Informal request for evidence
- 51 Access to documents etc
- 51A Practice and procedure for inquests and inquiries
- 51B Privilege in relation to self-incrimination in coronial inquest or
Division 5.4--Findings and reports
- 52 Coroner's findings
- 53 Interim findings
- 54 Requests for copies of findings
- 55 Adverse comment in findings or reports
- 56 Notification of registrar-general
- 57 Report after inquest or inquiry
- 57A Correction of errors
Division 5.5--Indictable offences
- 58 Procedure where evidence of indictable offence or indictment to be
- 58A When inquest or inquiry may proceed—s 58
Division 5.6--General powers of coroners
- 59 Investigators
- 60 Coroner not to be called as witness
- 61 Coroner not required to view the subject matter of inquest or
- 62 Coroner may act on a Sunday
- 63 Police assistance
- 64 Request for hearing or for reconsideration of certain decisions
- 65 Restriction of access
- 66 Search warrants
- 67 Inspection and retention of seized things
- 68 Chief Coroner—power to hold fresh inquest or inquiry
Division 5.7--Other requirements
- 68A Coroner to give information to immediate family
PART 5A--CORONIAL INVESTIGATION SCENES
- 68B Definitions—pt 5A
- 68C Coronial investigation scene order
- 68D Establishment of coronial investigation scene
- 68E Coronial investigation scene powers
- 68F Senior police officer may establish scene for expected coronial
- 68G Exercise of investigation scene powers under pt 5A
- 68H Part does not limit other powers
PART 6--DEATHS IN CARE AND DEATHS IN CUSTODY--ADDITIONAL PROVISIONS
- 69 Consideration of deceased's family etc
- 70 Viewing of body etc
- 71 Post-mortem examinations by pathologists
- 72 Inquest into death in care or death in custody—appointment of counsel
- 73 Records of deaths in care and deaths in custody
- 74 Findings about quality of care, treatment and supervision
- 75 Copies of reports of findings
- 76 Response to reports
PART 7--OFFENCES
- 76A Application of Criminal Code, ch 7
- 77 Obligation to report death
- 78 Obligation to report death in care or death in custody
- 83 Improper dealing with body or ashes of dead person
- 89 Acts and omissions of representatives
PART 8--POWERS OF SUPREME COURT
- 90 Application to hold hearing for inquest or inquiry into fire
- 91 Supreme Court—general
- 92 Supreme Court—power to order inquest or inquiry
- 93 Supreme Court—power to quash, or order fresh, inquest or