New South Wales Consolidated Acts

CORONERS ACT 1980 - SECT 18

18 Inquests and inquiries with or without juries

(1) An inquest or inquiry shall, except as provided by subsection (2), be held before a coroner without a jury.

(2) An inquest shall be held before a coroner with a jury if:

(a) the Minister or the State Coroner so directs, or

(b) a relative of the person who has died or is suspected of having died or the secretary of any society or organisation of which that person was, immediately before his or her death or suspected death, a member so requests.

(2A) A person is not entitled, without the leave of the coroner, to make a request under subsection (2) (b) for an inquest to be held before the coroner with a jury if:

(a) the request is made on or after the commencement of the inquest or within 14 days before that commencement, and

(b) the person had, at least 7 days before making the request, been given particulars of the commencement of the inquest under section 17.

(3) Where an inquest concerning a death or suspected death caused or suspected by the coroner of having been caused by an explosion or accident in or about a mine situated wholly or partly in the Broken Hill Jury District constituted under the Jury Act 1977 is held before a coroner with a jury, the jury shall consist of 6 persons summoned in accordance with the regulations.

(4) An inquiry shall be held before a coroner with a jury if the Minister or the State Coroner so directs.

(5) As soon as practicable after a coroner becomes aware that an inquest or inquiry is to be held before the coroner with a jury, the coroner must notify the sheriff of the need for a jury.