New South Wales Consolidated Acts

CORONERS ACT 1980 - SECT 23A

23A Duty to hold fresh inquest or inquiry-new facts or evidence

(1) A fresh inquest or inquiry must be held into a death, suspected death, fire or explosion that was the subject of an inquest or inquiry that has been held if:

(a) an application for the fresh inquest or inquiry is made under this section, and

(b) on the basis of the application, the State Coroner is of the opinion that the discovery of new evidence or facts makes it necessary or desirable in the interests of justice to hold a fresh inquest or inquiry.

(2) An application for a fresh inquest or inquiry may only be made by a police officer or by a person who was granted leave to appear or be represented at a previous inquest or inquiry into the death, suspected death, fire or explosion concerned.

(3) The State Coroner can hold the fresh inquest or inquiry or can direct another coroner to hold it.

(4) The findings on the fresh inquest or inquiry may be expressed to be in addition to or in substitution for the findings on any previous inquest or inquiry (even if the previous inquest or inquiry was a fresh inquest or inquiry held under this section).

(5) This section does not limit or otherwise affect any other power of a coroner (including the State Coroner) to hold a fresh inquest or inquiry and does not interfere with the provisions of this Act with respect to the termination or suspension of inquests.