CORONERS ACT 1997 - SECT 39 Inquests into non-custodial deaths and inquiries—discretion to appoint counsel

CORONERS ACT 1997 - SECT 39

    (1)     A coroner may appoint a lawyer as counsel to assist the coroner ( counsel assisting ) in an inquest (other than for a death in care or death in custody) or inquiry if the coroner is satisfied that—

        (a)     it is in the interests of justice to have a lawyer assist the coroner—

              (i)     in the inquest or inquiry; or

              (ii)     by appearing at a hearing in the inquest or inquiry; and

        (b)     the lawyer appointed—

              (i)     has the appropriate skills and experience necessary to assist the coroner in the inquest or inquiry; and

              (ii)     does not have an actual or perceived conflict of interest (based on the lawyer's personal or professional circumstances) that would prevent the lawyer from properly carrying out the functions of counsel assisting under this Act.

Note     For the making of appointments (including acting appointments), see the Legislation Act

, pt 19.3.

    (2)     An appointment under subsection (1) may be made either generally or in relation to a particular matter.

    (3)     If a coroner appoints the director of public prosecutions as counsel assisting in an inquest or inquiry, the director may, unless the appointment states otherwise, authorise a lawyer who meets the requirements mentioned in subsection (1) (b) to act in the director's name.

Note     A coroner must appoint a lawyer as counsel assisting in an inquest into a death in care or a death in custody (see s 72).