CORONERS ACT 2009 - SECT 74 Powers of coroner to clear court and prevent publication of evidence or submissions

CORONERS ACT 2009 - SECT 74

74 Powers of coroner to clear court and prevent publication of evidence or submissions

(cf Coroners Act 1980 , ss 44(1), (5) and (6) and 45(1) and (4))

(1) A coroner in coronial proceedings may, if of the opinion that it would be in the public interest to do so, order--

(a) any or all persons (including witnesses in the proceedings) to go and remain outside the room or building in which the proceedings are being heard, or

(b) that any evidence given in the proceedings not be published, or

(c) that any submissions made in the proceedings concerning whether a known person may have committed an indictable offence not be published.

(2) For the purposes of subsection (1), the coroner may, in forming an opinion as to the public interest, have regard (without limitation) to the following matters--

(a) the principle that coronial proceedings should generally be open to the public,

(b) in the case of an order that is proposed to be made in relation to a witness in the proceedings--the likelihood that the evidence of the witness might be influenced by other evidence given in the proceedings if the witness is present when that other evidence is given,

(c) national security,

(d) the personal security of the public or any person.

(3) A person must not contravene an order made under this section.

: Maximum penalty--10 penalty units or imprisonment for 6 months (in the case of an individual) or 50 penalty units (in any other case).