CORONERS ACT 1997 - SECT 58A When inquest or inquiry may proceed—s 58
CORONERS ACT 1997 - SECT 58A
When inquest or inquiry may proceed—s 58(1) For section 58 (3) or (5), the coroner may proceed with the inquest or inquiry—
(a) if a prosecution is not started on or before the day after the day that is 3 months after the day the coroner—
(i) gave notice to the director of public prosecutions under section 58 (3) (a); or
(ii) received notice from the director of public prosecutions under section 58 (4) (a); or
(b) on a day after—
(i) the day the director of public prosecutions gives notice to the coroner that—
(A) no indictment is to be presented in relation to the related indictable offence; or
(B) if an indictment was presented in relation to the offence—the director of public prosecutions has discontinued or intends to discontinue the proceeding started by the indictment; or
(ii) if the person is not committed to stand trial for the offence (the person is discharged ), and is not indicted for the offence by the director of public prosecutions or the Attorney-General within 28 days after the day the person is discharged—30 days after the day the person is discharged; or
(iii) if the person is committed for trial or indicted for the offence—the day after the day the director of public prosecutions gives notice to the coroner that the proceeding for the offence has been finally decided; or
(iv) if the person is found guilty of the offence, and the director of public prosecutions has not given notice under subparagraph (iii) that the proceeding for the offence is finally decided—30 days after the proceeding is finally decided.
(2) A coroner may continue an inquest or inquiry after the day mentioned in subsection (1), but must not make a finding inconsistent with the judgment or verdict of the court that finally determined the guilt or innocence of the person for the related indictable offence.