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This legislation has been repealed.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 (Repealed) 4.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 (Repealed) PART 2A - REPORTING OF DEATHS 12A.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