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CORONERS ACT 1980 - As at 1 January 2010 - Act 27 of 1980

- As at 1 January 2010 - Act 27 of 1980

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Name of Act
  • 2 Commencement
  • 3. (Repealed)
  • 4 Definitions

PART 1A - THE OFFICES OF STATE CORONER AND DEPUTY STATE CORONER

  • 4A State Coroners and Deputy State Coroners
  • 4B Vacation of office as State Coroner or Deputy State Coroner
  • 4C Remuneration
  • 4D Functions of the State Coroner
  • 4E Delegation by State Coroner
  • 4F Functions of Deputy State Coroner
  • 4G Information to be given to State Coroner

PART 2 - THE OFFICES OF CORONER AND ASSISTANT CORONER

  • 5 Appointment of coroners
  • 5A Assistant coroners
  • 6 Age qualification for coroners and assistant coroners
  • 6A Vacation of office of coroners and assistant coroners
  • 7 Oath of allegiance for coroners and assistant coroners
  • 8 All appointed coroners to have full jurisdiction
  • 9 Functions of assistant coroners
  • 10 Magistrates to have jurisdiction, powers and duties of coroners
  • 11, 12. (Repealed)

PART 2A - REPORTING OF DEATHS

  • 12A Obligation to report death
  • 12B Medical practitioner must not certify cause of death if death is reportable to a coroner

PART 3 - JURISDICTION OF CORONERS

Division 1 - Cases in which inquest is to be held

  • 13 Inquests into deaths or suspected deaths
  • 13A Deaths in custody etc examinable only by State Coroner or Deputy State Coroner
  • 13AB Child or disability deaths examinable only by State Coroner or Deputy State Coroner
  • 13B No jurisdiction unless death occurred in last 100 years
  • 13C Jurisdiction requires connection with New South Wales

Division 2 - Cases in which inquest can be dispensed with

  • 14 Coroner may dispense with inquest except in some cases
  • 14A Minister or State Coroner may direct that inquest be held
  • 14B General cases in which inquest required to be held
  • 14C Deaths under anaesthetic--inquest required in certain cases
  • 14D Reasons to be given for dispensing with inquest
  • 14E Direction to hold inquest
  • 14F Power to obtain documents etc

Division 3 - Inquiries into fires and explosions

  • 15 Inquiries into causes and origins of fires and explosions
  • 15A Direction to hold inquiry
  • 15B General inquiries concerning fires and explosions

Division 4 - Miscellaneous

  • 16 Cases where a coroner is not bound to hold an inquest or inquiry
  • 16A Notice of particulars of death to be given to Registrar of Births, Deaths and Marriages

PART 4 - INQUESTS AND INQUIRIES GENERALLY

Division 1 - Principal provisions

Division 1A - Coronial investigation scenes

  • 23C Definitions
  • 23D Order establishing coronial investigation scene
  • 23E Establishment of a coronial investigation scene
  • 23F Exercise of powers at coronial investigation scene
  • 23G Coronial investigation scene powers
  • 23H Obstruction or hindrance of person executing coronial investigation scene order
  • 23I Division does not limit other powers

Division 2 - Machinery provisions

  • 24 Coroner's right to possession of body
  • 25. (Repealed)
  • 26 Coroner who is medical practitioner not to hold certain inquests
  • 27 Inquest or inquiry on Sunday
  • 28 Place where inquest or inquiry before jury to be held
  • 29 Coroner and jury not to view body or scene of fire or explosion
  • 30 Place of inquest
  • 31 Witnesses to be examined on oath
  • 31A Persons granted leave may apply for witness to be examined
  • 32 Representation at inquests or inquiries
  • 33 Rules of procedure and evidence
  • 33AA Privilege in respect of self-incrimination
  • 33A Fresh inquest or inquiry--admission of previous depositions
  • 34 Evidence
  • 34A Documentary evidence
  • 35 Subpoena for appearance or warrant for apprehension of witness
  • 36 Form of subpoena
  • 37 Manner of service of subpoena
  • 38 Certain defects immaterial
  • 39 Warrants for non-appearance in response to subpoena
  • 40 Apprehension of witness under warrant
  • 41 Form of warrant
  • 42 Refusal of witness to be examined
  • 43 Contempt
  • 44 Power of coroner to clear court and prohibit publication of matter relating to inquest or inquiry
  • 45 Offences
  • 46 Meaning of "published" in sections 44 and 45

PART 5 - SUPREME COURT'S POWERS RELATING TO INQUESTS AND INQUIRIES

PART 6 - POST MORTEM EXAMINATIONS, EXHUMATIONS AND SPECIAL TESTS

  • 47A Coronial Medical Officers
  • 48 Post mortem or other examination may be ordered by coroner
  • 48A Objection to post mortem examination by senior next of kin
  • 48AA Retention and use of human tissue
  • 48B Objection to post mortem examination by other persons
  • 49 Additional medical evidence in certain cases
  • 50 Medical witness neglecting to obey order
  • 51 Copies of medical reports
  • 52 Remuneration of medical practitioners
  • 52A Protection for persons acting under coroner's direction
  • 53 Warrant for exhumation of body
  • 53AA General

PART 6A - DISPOSAL OF HUMAN REMAINS

  • 53A Unauthorised disposal of human remains
  • 53B Order authorising the disposal of human remains

PART 7 - MISCELLANEOUS

  • 54 Penalty
  • 54A Assistance to and from coroners in other jurisdictions
  • 55 Deaths or suspected deaths in mines
  • 56 Abolition of magisterial inquiries
  • 57 Repeals and savings and transitional provisions
  • 58 Regulations

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