New South Wales Bills Explanatory Notes

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CORONERS AMENDMENT BILL 1997

[Act 1997 No 130]
New South Wales
Coroners Amendment Bill 1997

Explanatory note

This explanatory note relates to this Bill as introduced into Parliament.*

Overview of Bill

The objects of this Bill are:

to make further provision (in addition to that made by the Coroners
(Amendment) Act 1993) with respect to the functions of assistant
coroners and, in particular, with respect to the delegation of various
functions to them by the State Coroner and to make a consequential
amendment to the Coroners (Amendment) Act 1993, and
to enable a coroner to prohibit the publication of matter that may
identify a suicide victim from the time the coroner becomes aware of
the victim's death rather than, as is presently the case, from the
commencement of the inquest into the victim's death, and
to enable the relatives of a deceased person to request that a post
mortem examination of the remains of the deceased person not be
performed and, if the request is declined, to apply to the Supreme
Court for an order that the post mortem examination not be performed,
and
* Amended in committee--see table at end of volume.


Coroners Amendment Bill 1997 [Act 1997 No 130]
Explanatory note

(d) to make it clear that the existing entitlement of other persons to object
to the performance of post mortem examinations is not affected, and
(e) to make it clear that existing coroners are not automatically removed
from office when the provisions of the Coroners (Amendment) Act
1993, providing for the appointment of assistant coroners, are
commenced.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act (other than
proposed section 4) on the commencement of an uncommenced item of the
Coroners (Amendment) Act 1993 dealing with assistant coroners. Proposed
section 4, which repeals a provision of the Coroners (Amendment) Act 1993
the subject matter of which is to be dealt with by the proposed Act,
commences on the date of assent.

Clause 3 is a formal provision giving effect to the amendments to the
Coroners Act 1980 set out in Schedule 1.

Clause 4 amends the Coroners (Amendment) Act 1993 in consequence of
the amendment referred to in Schedule 1 [2] below.

Schedule 1 Amendments

Schedule 1 [2] amends the Coroners Act 1980 so as to give effect to the
object referred to in paragraph (a) above.

Schedule 1 [3] amends the Coroners Act 1980 so as to give effect to the
object referred to in paragraph (b) above. Schedule 1 [4] makes a
consequential amendment.

Schedule 1 [5] amends the Coroners Act 1980 so as to give effect to the
objects referred to in paragraphs (c) and (d) above. Schedule 1 [1] makes a
consequential amendment.

Schedule 1 [6] amends the Coroners Act 1980 so as to give effect to the
object referred to in paragraph (e) above.

Explanatory note page 2


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