New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

CORONERS ACT 2009

- As at 1 July 2017
- Act 41 of 2009

TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Definitions
   5.      Meaning of “relative”
   6.      Meaning of “reportable death”
   6A.     Meaning of “senior next of kin”

CHAPTER 2 - CORONIAL OFFICERS

   7.      State Coroner and Deputy State Coroners
   8.      Acting State Coroner
   9.      Delegation by State Coroner
   10.     Functions of State Coroner and Deputy State Coroners
   11.     Information to be given to State Coroner
   12.     Coroners
   13.     Assistant coroners
   14.     Appointed coroners have full coronial jurisdiction and functions
   15.     Functions of assistant coroners
   16.     Magistrates have coronial functions by virtue of office

CHAPTER 3 - CORONIAL JURISDICTION

   PART 3.1 - GENERAL

   17.     Coronial jurisdiction generally
   18.     Jurisdiction concerning death requires connection with the State
   19.     No jurisdiction concerning death or suspected death unless occurring within last 100 years
   20.     Jurisdiction does not depend on making of report

   PART 3.2 - INQUESTS CONCERNING DEATHS

           Division 1 - General jurisdiction to hold inquests

   21.     Inquests concerning deaths or suspected deaths

           Division 2 - Exclusive jurisdiction of State Coroner and Deputy State Coroners

   22.     Division confers exclusive jurisdiction
   23.     Jurisdiction concerning deaths in custody or as a result of police operations
   24.     Jurisdiction concerning deaths of children and disabled persons

           Division 3 - When inquest may be dispensed with

   25.     Coroner may dispense with inquest unless inquest required
   26.     Reasons to be given for dispensing with inquest

           Division 4 - When inquest is required to be held

   27.     General circumstances in which inquest required to be held
   28.     Minister or State Coroner may direct that inquest be held
   29.     Direction to hold inquest where coroner has dispensed with inquest

   PART 3.3 - INQUIRIES CONCERNING FIRES AND EXPLOSIONS

   30.     Inquiries concerning fires and explosions
   31.     Coroner may dispense with inquiry unless inquiry required
   32.     When inquiry is required to be held

   PART 3.4 - OTHER PROVISIONS CONCERNING EXERCISE OF CORONIAL JURISDICTION

   33.     Coroners who are unavailable to exercise jurisdiction
   34.     Notice of particulars of death to be given to Registrar of Births, Deaths and Marriages

CHAPTER 4 - REPORTING OF DEATHS

   35.     Obligation to report death or suspected death
   36.     State Coroner to inform Ombudsman about certain child or disability deaths
   37.     State Coroner to report on deaths in custody
   38.     Medical practitioner must not certify cause of death if death is reportable

CHAPTER 5 - CORONIAL INVESTIGATION SCENES

   39.     Definitions
   40.     Order establishing coronial investigation scene
   41.     Establishment of coronial investigation scene
   42.     Exercise of powers at coronial investigation scene
   43.     Coronial investigation scene powers
   44.     Obstruction or hindrance of person executing coronial investigation scene order
   45.     Chapter does not limit other powers

CHAPTER 6 - CORONIAL PROCEEDINGS

   PART 6.1 - GENERAL

   46.     Meaning of “coronial proceedings”
   47.     Hearings in coronial proceedings generally to be open to public
   48.     Coronial proceedings may be conducted with jury only if State Coroner directs
   49.     Case management directions by coroner
   50.     State Coroner may assume and give directions concerning exercise of jurisdiction
   51.     Directions concerning investigations
   52.     Practice notes and approval of forms
   53.     Power to obtain documents and things for purposes of coronial investigation

   PART 6.2 - HOLDING INQUESTS AND INQUIRIES

   54.     Time and place of inquest or inquiry
   55.     Coroner may view deceased person’s remains or scene of fire or explosion
   56.     Coroner’s right to possession of deceased person’s remains

   PART 6.3 - REPRESENTATION AND EVIDENTIARY MATTERS

   57.     Representation in coronial proceedings
   58.     Rules of procedure and evidence
   59.     Witnesses may be required to give evidence on oath or affirmation
   60.     Persons granted leave may apply for witness to be examined
   61.     Privilege in respect of self-incrimination
   62.     Refusal of witness to be examined
   63.     Documentary evidence
   64.     Fresh inquest or inquiry-admission of previous depositions
   65.     Records of evidence
   66.     Subpoena for appearance or warrant for arrest of witness
   67.     Form of subpoena
   68.     Manner of service of subpoena
   69.     Arrest warrants for non-appearance in response to subpoena
   70.     Form of warrant
   71.     Arrest of witness under arrest warrant
   72.     Certain defects immaterial

   PART 6.4 - DISCLOSURE OF INFORMATION

   73.     Meaning of “published”
   74.     Powers of coroner to clear court and prevent publication of evidence or submissions
   75.     Powers of coroner in relation to reports or proceedings concerning self-inflicted deaths
   76.     Publication of certain questions, warnings, objections, submissions and comments
   77.     Certain matters not prohibited or prevented

   PART 6.5 - RESOLUTION OF CORONIAL PROCEEDINGS

   78.     Procedure at inquest or inquiry involving indictable offence
   79.     Procedure following suspension of inquest or inquiry
   80.     Procedure at inquest if finding that person did not die
   81.     Findings of coroner or jury verdict to be recorded
   82.     Coroner or jury may make recommendations
   83.     When fresh inquests and inquiries may be conducted

CHAPTER 7 - POWERS OF SUPREME COURT

   84.     Orders for inquests or inquiries
   85.     Orders for fresh inquests or inquiries
   86.     Notification of application
   86A.    Intervention by Minister in application
   87.     State Coroner to be served with orders

CHAPTER 8 - POST MORTEM INVESTIGATIVE PROCEDURES

   PART 8.1 - INVESTIGATION DIRECTIONS, EXHUMATIONS AND RELATED MATTERS

   88.     Dignity of deceased person to be respected
   89.     Coroner may give certain post mortem investigation directions
   90.     Retention and use of human tissue pursuant to direction
   91.     Warrant for exhumation of deceased’s remains
   92.     Coronial Medical Officers
   93.     Remuneration of medical practitioners and other persons
   94.     Protection for persons acting under coroner’s direction

   PART 8.2 - OBJECTIONS TO EXERCISE OF POST MORTEM INVESTIGATIVE FUNCTIONS

   95.     Meaning of “relevant post mortem investigative function   96.     Objections by senior next of kin to exercise of relevant post mortem investigative functions
   97.     Applications to Supreme Court by senior next of kin
   98.     Senior next of kin may authorise another person to exercise functions
   99.     Objection to exercise of relevant post mortem investigative functions by other persons

CHAPTER 9 - DISPOSAL OF HUMAN REMAINS

   100.    Unauthorised disposal of human remains
   101.    Order authorising disposal of human remains

CHAPTER 9A - DOMESTIC VIOLENCE DEATH REVIEW TEAM

   PART 9A.1 - PRELIMINARY

   101A.   Object of Chapter
   101B.   Interpretation
   101C.   (Repealed)

   PART 9A.2 - CONSTITUTION AND PROCEDURE OF THE TEAM

   101D.   Establishment of Team
   101E.   Members of Team

   PART 9A.3 - FUNCTIONS OF THE TEAM

           Division 1 - General functions

   101F.   Functions of Team
   101G.   Matters to be considered in reviews
   101H.   Referral of cases for review to Team
   101I.   Appointment of expert advisers

           Division 2 - Reports by Team

   101J.   Reports
   101K.   Reporting to Parliament

   PART 9A.4 - ACCESS TO AND CONFIDENTIALITY OF INFORMATION

   101L.   Duty of persons to assist Team
   101M.   Confidentiality of information

   PART 9A.5 - MISCELLANEOUS

   101N.   Execution of documents
   101O.   Protection from liability
   101P.   Review of Chapter

CHAPTER 10 - MISCELLANEOUS

   102.    Assistance to and from coroners in other jurisdictions
   102A.   Sharing of information with coronial database
   103.    Contempt
   103A.   Disrespectful behaviour in coronial proceedings
   104.    Regulations
   105.    Service or giving of documents
   106.    Nature of proceedings for offences
   107.    Offences by corporations
   108.    (Repealed)
   109.    Review of Act
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           Schedule 4 (Repealed)


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback