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 (Repealed)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 (Repealed)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