Northern Territory Consolidated Acts

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CORONERS ACT - SECT 44

Orders by Supreme Court to hold new inquest and re-open inquest

    (1)     A person may apply to the Supreme Court for an order that some or all the findings of an inquest are void.

    (2)     The Supreme Court may declare that some or all the findings of an inquest are void and may order a coroner:

        (a)     to hold a new inquest, or direct a coroner, other than the coroner who held the first inquest, to hold a new inquest; or

        (b)     to re-open (or direct another coroner to re-open) an inquest and to re-examine a finding.

    (3)     The Supreme Court may make an order under subsection (2) if it is satisfied that:

        (a)     it is necessary because of fraud, consideration of evidence, failure to consider evidence, irregularity of proceedings or insufficiency of inquiry; or

        (b)     there is a mistake in the record of the findings; or

        (c)     there are new facts or evidence; or

        (d)     the findings are against the evidence and the weight of evidence.



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