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CORONERS ACT 2009 - SCHEDULE 1

CORONERS ACT 2009 - SCHEDULE 1

SCHEDULE 1 – Provisions relating to coronial officers

Part 1 - State Coroner and Deputy State Coroners

1 Public Service employment provisions excluded

The offices of State Coroner and Deputy State Coroner are statutory offices and the Government Sector Employment Act 2013 (including Part 6) does not apply to those offices.

2 Vacation of office as State Coroner or Deputy State Coroner

(cf Coroners Act 1980 , s 4B)

(1) A person vacates the office of State Coroner or Deputy State Coroner if the person--
(a) dies, or
(b) ceases to be a Magistrate, or
(c) resigns the office by instrument in writing addressed to the Governor, or
(d) completes the person's term of office and is not re-appointed.
(2) A person does not cease to be a coroner or a Magistrate merely because of vacating the office of State Coroner or Deputy State Coroner.

3 Remuneration

(cf Coroners Act 1980 , s 4C)

The State Coroner and a Deputy State Coroner are entitled to be paid--

(a) remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975 , and
(b) such travelling and subsistence allowances as the Minister may from time to time determine in respect of each of them.

Part 2 - Coroners and assistant coroners

4 Part-time arrangements

(cf Coroners Act 1980 , s 5(3))

(1) A person's appointment as a coroner--
(a) if the person is a Magistrate--is taken to be on either a full-time or part-time basis, according to whether the person holds the office of Magistrate on a full-time or part-time basis, or
(b) if the person is not a Magistrate--is taken to be an appointment on a full-time basis unless the appointment is expressed, in the person's instrument of appointment, to be on a part-time basis.
(2) A coroner who is not a Magistrate, although not appointed on a part-time basis, may, by agreement in writing entered into with the State Coroner, exercise the functions of the office of coroner on a part-time basis.

5 Vacation of office as an appointed coroner or assistant coroner

(cf Coroners Act 1980 , ss 5A(3) and 6A(1)-(3))

(1) A person appointed to the office of coroner or assistant coroner vacates that office if the person--
(a) dies, or
(b) resigns the office by instrument in writing addressed to the Minister, or
(c) ceases to hold office as such by operation of clause 6, or
(d) is removed from office, or
(e) in the case of a person holding office for a term--completes the person's term of office and is not re-appointed, or
(f) in the case of a person holding office as a coroner (but without limiting paragraphs (a)-(e))--
(i) ceases to be qualified for appointment as a coroner for the purposes of section 12, or
(ii) attains the age of 72 years where the person was appointed to the office before attaining that age, or
(g) in the case of a person holding office as an assistant coroner (but without limiting paragraphs (a)-(e))--
(i) is appointed as a coroner, or
(ii) ceases to be employed in the Department of Communities and Justice.
(2) A person who is a Magistrate does not cease to be a Magistrate merely because of vacating the office of coroner or assistant coroner.

6 Oaths or affirmations to be taken or made by coroners and assistant coroners

(cf Coroners Act 1980 , s 7)

(1) A person appointed as a coroner who is not a Magistrate must not act as a coroner unless the person has--
(a) taken and subscribed the oath of allegiance and the judicial oath prescribed by the Oaths Act 1900 or made and subscribed solemn affirmations in the form of those oaths, and
(b) transmitted them to the Minister.
(2) A person appointed as an assistant coroner must not act as an assistant coroner unless the person has--
(a) taken and subscribed the oath of allegiance prescribed by the Oaths Act 1900 or made and subscribed a solemn affirmation in the form of that oath, and
(b) transmitted it to the Minister.
(3) Any such oath or affirmation may be taken or made before and may be administered and received by any Magistrate.
(4) A person appointed as a coroner who does not, within 3 months after appointment as a coroner, take the oaths or make the affirmations referred to in subclause (1) ceases to hold office as coroner when that period ends.
(5) A person appointed as an assistant coroner who does not, within 3 months after appointment as an assistant coroner, take the oath or make the affirmation referred to in subclause (2) ceases to hold office as assistant coroner when that period ends.

7 Remuneration

(1) A person appointed as a coroner or assistant coroner who is a public servant is not entitled, while a public servant, to be paid any remuneration for acting as a coroner or assistant coroner that is in addition to his or her remuneration as a public servant.
(2) A person appointed as a coroner or assistant coroner who is not a public servant is entitled to be paid such remuneration, and such travelling and subsistence allowances, as the Minister may from time to time determine.
(3) In this clause--


"public servant" means a person employed in the Public Service.

Part 3 - General provisions

8 Definitions

In this Part,
"coronial officer" means any of the following--

(a) the State Coroner,
(b) a Deputy State Coroner,
(c) a coroner appointed under this Act,
(d) a Magistrate exercising coronial jurisdiction conferred on the Magistrate by section 16,
(e) an assistant coroner,
and
"coronial office" has a corresponding meaning.

9 Effect of appointment and service as coroner

(cf Coroners Act 1980 , s 4A(6) and (8))

(1) Except as provided by section 7(6), the appointment of a Magistrate as a coronial officer does not affect the Magistrate's tenure of office, rank, title, status or precedence as a Magistrate.
(2) The service of a Magistrate as a coronial officer is taken, for all purposes, to be service as a Magistrate.

10 Continuation of proceedings after vacation of office

(1) A person who vacates office as a coronial officer otherwise than by death or having been removed from office may, despite vacating his or her office, continue to hear and determine and otherwise deal with any proceedings that have been heard, or partly heard, by the person before vacating his or her office.
(2) While a person continues to deal with, under subclause (1), any proceedings that have been heard or partly heard by the person before vacating office, the person has all the entitlements and functions of a coronial officer that the person had immediately before vacating office and, for the purpose of those proceedings, is taken to continue to be a coronial officer holding the same coronial office as the person had immediately before vacating office.
(3) Nothing in this clause operates to authorise a person who has vacated office as the State Coroner to continue to exercise the functions of the State Coroner generally.