New South Wales Consolidated Acts

CORONERS ACT 1980 - SECT 20

20 Procedure following suspension of inquest or inquiry under section 19

(1) A coroner who has suspended, or not commenced, an inquest or inquiry under section 19 may make an order, subject to subsections (2) and (3):

(a) that the inquest or inquiry is to resume or commence (as the case may be), or

(b) to dispense with the resumption or holding of the inquest or inquiry.

(2) If a person has been charged with an indictable offence in which the question of whether the person caused a death or suspected death or a fire or explosion is in issue, an inquest or inquiry that has been suspended, or that has not commenced, under section 19 may not be resumed or commenced (as the case may be), until the charge is finally determined.

(3) If the coroner has suspended an inquest or inquiry after coming to the opinion referred to in section 19 (1) (b) (and a person has not been charged as referred to in subsection (2) in relation to an indictable offence), the suspended inquest or inquiry may not be resumed until the Attorney General or the Director of Public Prosecutions advises that no proceedings will be taken against the known person (as referred to in section 19 (1) (b)) in relation to the indictable offence.

(4) An order under subsection (1) may be made on a coroner’s own motion or on the application of a person who has been granted leave to appear or to be represented at the inquest or inquiry.

(5) If the coroner who suspended, or did not commence, an inquest or inquiry under section 19 is not available to resume, commence or dispense with the inquest or inquiry for any reason, the State Coroner or a coroner authorised by the State Coroner, may resume, commence or dispense with the inquest or inquiry in accordance with this section.

(6) For the purposes of subsection (2), a charge is taken to be finally determined if:

(a) the person has been discharged from proceedings with respect to the offence to which the charge relates, or

(b) no further appeal can be made in proceedings in respect of the charge without an extension of time being granted, or

(c) the Attorney General or the Director of Public Prosecutions directs that no further proceedings be taken against the person in respect of the charge.