CORONERS ACT 2009 - SCHEDULE 2

CORONERS ACT 2009 - SCHEDULE 2

SCHEDULE 2 – Savings, transitional and other provisions

Part 1 - General

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--

this Act

Coroners Amendment (Domestic Violence Death Review Team) Act 2010

any other Act that amends this Act

(2) If the regulations so provide, any such provision may--

(a) have effect despite any specified provision of this Act (including a provision of this Schedule), and

(b) take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as--

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on enactment of this Act

Division 1 - Interpretation

2 Definitions

In this Part--


"former Act" means the Coroners Act 1980 .


"repeal day" means the day on which the former Act is repealed by this Act.

Division 2 - Provisions relating to existing coronial officers

3 Current State Coroner and Deputy State Coroners

(1) A person who immediately before the repeal day held office as the State Coroner under the former Act is taken, on and from that day, to have been appointed and to hold office as the State Coroner under this Act until such time as he or she vacates office under this Act.

(2) A person who immediately before the repeal day held office as a Deputy State Coroner under the former Act is taken, on and from that day, to have been appointed and to hold office as a Deputy State Coroner under this Act until such time as he or she vacates office under this Act.

(3) A person to whom subclause (1) or (2) applies is taken to have been appointed to the office of the State Coroner or a Deputy State Coroner (as the case may be) under this Act for the balance of the term of office for which the person was appointed under the former Act.

4 Senior Deputy State Coroner

(1) The office of Senior Deputy State Coroner is abolished on the repeal day.

(2) Any Deputy State Coroner who, immediately before the repeal day, held office as the Senior Deputy State Coroner under the former Act ceases on and from that day to hold that office.

(3) A person who, by operation of this clause, ceases to hold office as the Senior Deputy State Coroner--

(a) is not entitled to any remuneration or compensation because of the loss of that office, and

(b) continues to hold the office of a Deputy State Coroner under this Act until such time as the person vacates that office.

5 Current appointed coroners and assistant coroners

(1) Any person who immediately before the repeal day held office as a coroner appointed under the former Act--

(a) in the case of a person who is either a Magistrate or an Australian lawyer--is taken, on and from the repeal day, to have been appointed and to hold office as a coroner under this Act until such time as he or she vacates office under this Act, or

(b) in the case of a person who is neither a Magistrate nor an Australian lawyer (but is a member of staff of the Attorney General's Department)--ceases to hold office as a coroner on the repeal day and is taken, on and from that day, to have been appointed and to hold office as an assistant coroner under this Act until such time as he or she vacates office under this Act, or

(c) in the case of a person who is neither a Magistrate nor an Australian lawyer and is not a member of staff of the Attorney General's Department--ceases to hold office as a coroner on the repeal day.

(2) Any person who immediately before the repeal day held office as an assistant coroner under the former Act--

(a) in the case of a person who is a member of staff of the Attorney General's Department--is taken, on and from the repeal day, to have been appointed and to hold office as an assistant coroner under this Act until such time as he or she vacates office under this Act, or

(b) in any other case--ceases to hold office as an assistant coroner on the repeal day.

(3) If a person to whom subclause (1)(a) or (b) applies was appointed as a coroner under the former Act for a specified term, the person is taken to have been appointed to the office of coroner or assistant coroner (as the case may be) under this Act for the balance of that term.

(4) Any person who ceases to hold office as a coroner or assistant coroner by operation of this clause is not entitled to any compensation because of the loss of that office.

(5) The State Coroner may give such directions as the State Coroner considers appropriate (whether generally or specifically) with respect to--

(a) the transfer to other coroners or assistant coroners of matters that were being dealt with by persons who have ceased to be coroners or assistant coroners by operation of this clause, and

(b) the continuation and resolution of proceedings arising from or involving such matters.

6 Current Coronial Medical Officers

Any person who immediately before the repeal day held office as a Coronial Medical Officer for the purposes of the former Act is taken, on and from that day, to have been appointed and to be a Coronial Medical Officer for the purposes of this Act until such time as he or she vacates office as such.

7 Existing commissions and other instruments that appoint persons to office on or after repeal day

(1) A commission or other instrument of appointment made under or for the purposes of the former Act (an
"existing appointment instrument" ) that, but for the repeal of the former Act, would have operated on or after the repeal day to appoint a person to the office of State Coroner, a Deputy State Coroner, a coroner or an assistant coroner is taken on and from that day to have been issued under or for the purposes of this Act.

(2) An existing appointment instrument operates, on the day specified in the instrument, to appoint the person named in the instrument--

(a) in the case of the appointment of a person to the office of coroner where the person is not a Magistrate or Australian lawyer (but is a member of staff of the Attorney General's Department)--to the office of assistant coroner under this Act, and

(b) in any other case (but subject to subclause (3))--to the office under this Act that corresponds to the office specified in the instrument.

(3) An existing appointment instrument has no force or effect for the purposes of this Act if it provides for--

(a) the appointment of a person to the office of coroner where that person is not a Magistrate or Australian lawyer and not a member of staff of the Attorney General's Department, or

(b) the appointment of a person to the office of assistant coroner where that person is not a member of staff of the Attorney General's Department.

8 Oaths of office required for certain coronial officers appointed before repeal day

Clause 6 of Schedule 1 extends to a person appointed as a coroner or assistant coroner under the former Act who has not taken the oaths or made the affirmations required of them by section 7 of that Act as in force immediately before the repeal day.

Division 3 - Reports and death certificates

9 Reporting of deaths occurring before repeal day

(1) A person who, immediately before the repeal day, had not complied with an obligation to report a death or suspected death imposed on the person by section 12A of the former Act is taken on and from the repeal day to be under an obligation to report the death or suspected death under section 35.

(2) Nothing in subclause (1) prevents a person from being prosecuted or convicted for a contravention of section 12A(1) of the former Act that occurred before the repeal day.

10 Death certificates in relation to deaths occurring before repeal day

Section 12B of the former Act, as in force immediately before the repeal day, continues to apply in relation to the giving of certificates as to the cause of any death that occurred before the repeal day.

11 Provision of information to Ombudsman

The repeal of section 12A of the former Act does not affect any obligation that the State Coroner may have had under that section immediately before the repeal day to provide relevant material to the Ombudsman.

12 Annual reports on deaths in custody

The State Coroner is to include in his or her first annual report to the Minister under section 37 any details of deaths or suspected deaths occurring before the repeal day that the State Coroner would have had to include in a report under section 12A(4) of the former Act had the former Act not been repealed.

Division 4 - Jurisdiction and current proceedings

13 Jurisdiction in relation to matters occurring before repeal day

(1) Any death or suspected death that occurred (or is suspected to have occurred), or any fire or explosion that occurred, before the repeal day is examinable under this Act if it would have been examinable under the former Act had the former Act not been repealed.

(2) If any such death, suspected death, fire or explosion would have been examinable under the former Act only by the State Coroner or a Deputy State Coroner, it continues to be examinable only by the State Coroner or a Deputy State Coroner under this Act.

(3) Nothing in this clause prevents a matter being examinable under a provision of this Act even if the matter would not have been examinable under the former Act.

14 Pending or part completed inquests or inquiries

(1) Subject to this Part and the regulations, this Act applies in relation to any inquest or inquiry under the former Act that was pending or part completed immediately before the repeal day (a
"current inquest or inquiry" ) in the same way as this Act applies to an inquest or inquiry that is commenced on or after the repeal day.

(2) Without limiting subclause (1), the provisions of this Act dealing with functions of or in relation to juries extend to any current inquest or inquiry that was being held before a jury (or was required to be held before a jury under section 18 of the former Act) immediately before the repeal day as if--

(a) a direction for the use of the jury had been given by the State Coroner under section 48 of this Act, and

(b) in the case where the coroner for the current inquest or inquiry is not the State Coroner--section 48 of this Act authorised the coroner to preside over the current inquest or inquiry with the jury.

(3) For the purpose of facilitating the continuation and conclusion of a current inquest or inquiry, the coroner holding the inquest or inquiry may give such directions concerning the conduct of the inquest or inquiry as seem appropriate to the coroner in the circumstances.

15 Re-opening inquests and inquiries and use of depositions taken in former proceedings

Subject to the regulations--

(a) the provisions of this Act that enable or require a fresh inquest or fresh inquiry to be held (or that enable or require a suspended or terminated inquest or inquiry to be resumed or continued) extend to inquests or inquiries that were previously held, suspended or terminated under the former Act (or any previous Act or other law dealing with coronial inquests or inquiries), and

(b) the provisions of this Act that enable a coroner who has dispensed with holding an inquest or inquiry concerning a matter to subsequently hold an inquest or inquiry concerning the matter extend to inquests or inquiries that the coroner dispensed with under the former Act (or any previous Act or other law dealing with coronial inquests or inquiries), and

(c) the provisions of section 64 of this Act extend to depositions taken at any inquest or inquiry previously held under the former Act (or any previous Act or other law dealing with coronial inquests or inquiries).

16 Orders of Supreme Court under section 47 of former Act

(1) This clause applies to an order made by the Supreme Court under section 47 of the former Act if--

(a) the order is in force immediately before the repeal day, and

(b) the Minister administering the former Act has not, before the repeal day, endorsed the name of a coroner on a copy of the order for the purposes of that section.

(2) Section 87 of this Act is taken to extend to an order to which this clause applies as if the State Coroner had been served with the order under that section on the repeal day.

17 Existing warrants and subpoenas

(1) Any warrant or subpoena in force under a provision of the former Act immediately before the repeal day is taken, on and from that day, to be a warrant or subpoena in force under the provision of this Act that corresponds or substantially corresponds to the provision in the former Act, and may be executed and enforced accordingly.

(2) Without limiting subclause (1), a warrant for the apprehension of a person in force under the former Act immediately before the repeal day is taken, on and from that day, to be a warrant for the arrest of the person issued under Part 6.3 of this Act, and may be executed and enforced accordingly.

Division 5 - Miscellaneous

18 Continuation of Coroners Regulation 2005

The Coroners Regulation 2005 is taken on and from the repeal day to be a regulation under this Act, and may be amended and repealed accordingly.

19 References to former Act and this Act

(1) In any other Act or in any instrument made under another Act (and except as provided by subclauses (2) and (3))--

(a) subject to paragraph (b), a reference to the former Act is to be read on and from the repeal day as a reference to this Act, and

(b) a reference to a provision of the former Act is to be read on and from the repeal day as a reference to the provision or provisions (if any) of this Act that correspond or substantially correspond to the provision of the former Act.

(2) Subclause (1) does not apply to a reference to the former Act in any of the following provisions--

(a) Schedule 3 to the Births, Deaths and Marriages Registration Act 1995 ,

(b) Schedule 1 to the Local Courts Act 1982 ,

(c) Schedule 8 to the Jury Act 1977 ,

(d) Schedule 1 to the Subordinate Legislation (Repeal) Act 1985 ,

(e) such other provisions of other Acts, or instruments made under other Acts, as may be prescribed by the regulations.

(3) A reference to this Act in any of the following provisions is to be read as including a reference to the former Act--

(a) section 39(2) and (4) of the Births, Deaths and Marriages Registration Act 1995 ,

(b) section 45U(1)(c)(iii) of the Commission for Children and Young People Act 1998 ,

(c) such other provisions of other Acts, or instruments made under other Acts, as may be prescribed by the regulations.

20 General savings provision

(1) Subject to this Part and the regulations, anything done under or for the purposes of a provision of the former Act is, to the extent that the thing has effect immediately before the repeal day, taken on and from that day to have been done under or for the purposes of the provision of this Act (if any) that corresponds or substantially corresponds to the provision of the former Act.

(2) Without limiting subclause (1) (and subject to this Part and the regulations), any dispensation, delegation, notice, notification, notation, objection, request, order or direction in force or having effect under a provision of the former Act immediately before the repeal day is taken on and from that day to be a dispensation, delegation, notice, notification, notation, objection, request, order or direction in force or having effect under the provision of this Act (if any) that corresponds or substantially corresponds to the provision of the former Act.

Part 3 - Provisions consequent on enactment of Coroners Amendment Act 2012

21 Definition

In this Part--


"amending Act" means the Coroners Amendment Act 2012 .

22 Direction not to resume suspended inquest or inquiry

The amendments made to section 79 by the amending Act extend to inquests or inquiries that were suspended (but which have not yet been resumed) before the commencement of those amendments.

23 Interventions by Minister

Section 86A (as inserted by the amending Act) extends to applications for an order under Chapter 7 made (but not finally determined) before the commencement of the section.

24 Objections by senior next of kin

The amendments made to sections 96 and 98 by the amending Act extend to requests made (but not determined by a coroner) before the commencement of those amendments.

Part 4 - Provisions consequent on enactment of Justice Legislation Amendment Act 2019

25 Definitions

In this Part--


"amending Act" means the Justice Legislation Amendment Act 2019 .


"repeal day" means the day on which section 6(1)(d) is repealed by the amending Act.

26 Application of amendment to section 6

(1) A death of a kind referred to in section 6(1)(d) occurring before the repeal day continues to be a reportable death for the purposes of this Act despite the repeal of that paragraph by the amending Act.

(2) Accordingly--

(a) any obligations under this Act immediately before the repeal day to report those deaths continue on and after that day, and

(b) section 38(2) continues to apply in relation to those deaths.

27 Application of section 88A

Section 88A (as inserted by the amending Act) applies only in relation to deceased persons who died on or after the day the section commenced.