New South Wales Consolidated Acts

CORONERS ACT 1980 - SECT 12A

12A Obligation to report death

(1) A person who:

(a) has reasonable grounds to believe that a death or suspected death would be examinable by a coroner under section 13, 13A or 13AB, and

(b) has reasonable grounds to believe that the death or suspected death has not been reported in accordance with this subsection,

must report the death or suspected death to a police officer, or to a coroner or assistant coroner, as soon as possible after becoming aware of those grounds.

Maximum penalty: 10 penalty units.

(2) A police officer to whom a death or suspected death is reported as provided by subsection (1), or by section 12B (5), is required to report the death or suspected death to a coroner or assistant coroner as soon as possible.

(2A) An assistant coroner to whom a death or suspected death is reported under this section is required to report the death or suspected death to a coroner as soon as possible.

(2B) In the case of a death or suspected death occurring or suspected of having occurred within any of the following Local Court Districts, the coroner to whom the death or suspected death is reported under this section must be a Magistrate:

Northern Metropolitan District

Southern Metropolitan District

Western Metropolitan District

Eastern Metropolitan District

Newcastle District

Parramatta District

Liverpool District

Manly District

Penrith District

Richmond District

Windsor District

Any other Local Court District to which the provisions of this section are applied by the regulations.

(3) A coroner to whom a death or suspected death is reported under this section is required to inform the State Coroner of the report as soon as practicable.

(3A) The State Coroner is to provide to the Ombudsman all relevant material held by the State Coroner relating to a death or suspected death referred to in section 13AB (1), or the death of a person under the age of 18 years in the circumstances set out in section 13A (1) (c), as soon as practicable after a decision not to hold an inquest into the death or suspected death concerned is made or, if an inquest is held, as soon as practicable after the conclusion or suspension of the inquest.

(3B) The requirements of subsection (3A) are in addition to any requirements of Part 6 of the Community Services (Complaints, Reviews and Monitoring) Act 1993 .

(4) The State Coroner is to make a written report to the Attorney General containing a summary of the details of the deaths or suspected deaths of which the State Coroner has been informed under this section and which appear to the State Coroner to involve the death or suspected death of a person in circumstances referred to in section 13A (Deaths in custody etc examinable only by State Coroner or Deputy State Coroner).

(5) A report under subsection (4) is to be made for the period of 12 months commencing on 1 January 1994 and for each subsequent period of 12 months. Each report is to be made within 2 months after the end of the period to which it relates.

(6) The Attorney General is to cause a copy of each report made to the Attorney General under subsection (4) to be tabled in each House of Parliament within 21 days after the report is made.

(7) If a House of Parliament is not sitting when the Attorney General seeks to comply with subsection (6), the Attorney General is required to present a copy of the report to the Clerk of the House.

(8) Material presented to the Clerk under this section:

(a) on presentation and for all purposes, is taken to have been laid before the House of Parliament, and

(b) is required to be printed by authority of the Clerk, and

(c) if printed by authority of the Clerk, is for all purposes taken to be a document published by order or under the authority of the House, and

(d) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after receipt of the material by the Clerk.