New South Wales Consolidated Acts

CORONERS ACT 1980 - SECT 21

21 Procedure at inquest upon finding no death

(1) If, at any time during the course of an inquest concerning the death or suspected death of a person, it appears to the coroner from the evidence that the person has not died:

(a) the coroner shall, if there is no jury, so find and terminate the inquest, or

(b) the coroner may, if there is a jury, request the jury to bring in a preliminary verdict as to whether or not the person has died.

(2) If, pursuant to a request referred to in subsection (1) (b), the verdict of the jury is:

(a) that the person has not died, the coroner shall terminate the inquest and discharge the jury, or

(b) that the person has died or that it is uncertain whether the person has died, the inquest shall be resumed.

(3) The coroner shall, upon the termination of an inquest under this section, record in writing his or her findings or, if there is a jury, the jury’s verdict.