New South Wales Consolidated Acts

CORONERS ACT 2009 - SECT 4

4 Definitions

(cf Coroners Act 1980 , s 4)

(1) In this Act:
"adult" means an individual who is aged 18 years old or older.
"Australian law" has the same meaning as it has in the Evidence Act 1995 .
"civil penalty" has the same meaning as it has in the Evidence Act 1995 .
"Coronial Medical Officer" means a medical practitioner appointed under section 92.
"coronial proceedings" -see section 46.
"Domestic Violence Death Review Team" means the Domestic Violence Death Review Team constituted under Chapter 9A.
"exercise" a function includes perform a duty.
"function" includes a power, authority or duty.
"inquest" means an inquest concerning the death or suspected death of a person.
"inquiry" means an inquiry concerning a fire or explosion.
"place" includes any land, building, mine, ship, vehicle or aircraft or any other vessel or vehicle.
"post mortem investigation direction" -see section 89.
"post mortem investigation report" -see section 89 (7).
"practice note" means a practice note issued under section 52.
"relative", in relation to a person who has or is suspected to have died-see section 5.
"remains" of a deceased person means the body or the remains of the body (or any part of the body or remains of the body) of the person.
"reportable death" -see section 6.
"senior coroner" -see section 22 (1).
"senior next of kin" of a deceased person means:

(a) the deceased person’s spouse, or

(b) if the deceased person did not have a spouse or a spouse is not available-any of the deceased person’s children who are adults, or

(c) if the deceased person did not have a spouse or child or a spouse or child is not available-either of the deceased person’s parents, or

(d) if the deceased person did not have a spouse, child or living parent or a spouse, child or parent is not available-any of the deceased person’s brothers or sisters who are adults, or

(e) if the deceased person did not have a spouse, child, living parent, brother or sister or a spouse, child, parent, brother or sister is not available:

(i) any person who is named as an executor in the deceased person’s will, or

(ii) any person who was the deceased person’s legal personal representative immediately before the deceased person’s death.

"spouse" means:

(a) a husband or wife, or

(b) a de facto partner,

but where more than one person would so qualify as a spouse, means only the last person so to qualify.

Note: “De facto partner” is defined in section 21C of the Interpretation Act 1987 .

"stillbirth" and "stillborn child" have the same meanings as in the Births, Deaths and Marriages Registration Act 1995 .
"the State" means the State of New South Wales.
"tissue" includes an organ, or part, of a human body and a substance extracted from, or from a part of, a human body (including bodily fluid).
"whole organ" of a deceased person means the whole or a substantial part of a visibly recognisable structural unit of the person’s body.

(2) Notes included in this Act do not form part of this Act.

Note: For the purposes of comparison, a number of provisions of this Act contain bracketed notes in headings drawing attention (“cf”) to equivalent or comparable (though not necessarily identical) provisions of the Coroners Act 1980 as in force immediately before its repeal by this Act.