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

This legislation has been repealed.

CORONERS ACT 1980


- As at 1 January 2010 
- Act 27 of 1980 

TABLE OF PROVISIONS

           Long Title

   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      (Repealed)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 (Repealed)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

   17.     Time and place of inquest or inquiry
   17A.    State Coroner may hold inquest etc
   17B.    Directions by State Coroner
   17C.    Directions to police by coroners
   18.     Inquests and inquiries with or without juries
   19.     Procedure at inquest or inquiry involving indictable offence
   20.     Procedure following suspension of inquest or inquiry under section 19
   21.     Procedure at inquest upon finding no death
   22.     Finding of coroner or verdict of jury to be recorded
   22A.    Coroner or jury may make recommendations
   23.     Further inquest
   23A.    Duty to hold fresh inquest or inquiry--new facts or evidence

           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

   47.     Powers of Supreme Court to order inquest or inquiry

   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
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3