CORONERS ACT 2009 - SECT 79 Procedure following suspension of inquest or inquiry

CORONERS ACT 2009 - SECT 79

79 Procedure following suspension of inquest or inquiry

(cf Coroners Act 1980 , s 20)

(1) Subject to subsections (2A), (3), (5) and (5A), a coroner who has suspended, or not commenced, an inquest or inquiry under section 78 may make an order--

(a) that the inquest or inquiry is to resume or commence (as the case may be), or

(b) to dispense with the resumption or holding of the inquest or inquiry.

(2) An order under subsection (1) may be made on a coroner's own motion or on the application of a person who has been granted leave to appear or to be represented at the inquest or inquiry.

(2A) An order under subsection (1) that an inquest or inquiry be resumed may not be made unless the coroner has given the State Coroner written notice of--

(a) the coroner's intention to make the order, and

(b) the day on which it is proposed to make the order (being a day that is no earlier than 14 days after the notice is given).

(3) If a person has been charged with an indictable offence in which the question of whether the person caused a death, suspected death, fire or explosion is in issue, an inquest or inquiry that has been suspended, or that has not commenced, under section 78 may not be resumed or commenced (as the case may be) until the charge is finally determined.

(4) For the purposes of subsection (3), a charge is taken to be
"finally determined" if--

(a) the person has been discharged from proceedings with respect to the offence to which the charge relates, or

(b) no further appeal can be made in proceedings in respect of the charge without an extension of time being granted, or

(c) the Attorney General, and Minister for the Prevention of Domestic Violence or the Director of Public Prosecutions directs that no further proceedings be taken against the person in respect of the charge.

(5) If the coroner has suspended an inquest or inquiry after forming the opinion referred to in section 78(1)(b) (and a person has not been charged as referred to in subsection (3) in relation to an indictable offence), the suspended inquest or inquiry may not be resumed until the Attorney General, and Minister for the Prevention of Domestic Violence or the Director of Public Prosecutions advises that no proceedings will be taken against the known person (as referred to in section 78(1)(b)) in relation to the indictable offence.

(5A) If the State Coroner considers that it is inappropriate for a suspended inquest or inquiry to be resumed, the State Coroner may, after consulting the coroner who suspended it, direct that the inquest or inquiry not be resumed.

(5B) The State Coroner is not to give a direction under subsection (5A) to a coroner who is a Magistrate without the Chief Magistrate's consent.

(6) If the coroner who suspended, or did not commence, an inquest or inquiry under section 78 is not available to resume, commence or dispense with the inquest or inquiry for any reason, the State Coroner or a coroner authorised by the State Coroner, may resume, commence or dispense with the inquest or inquiry in accordance with this section.