Queensland Bills Explanatory Notes

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CORONERS AND OTHER ACTS AMENDMENT BILL 2009

                                    Coroners and Other Acts Amendment Bill 2009




Coroners and Other Acts Amendment Bill
2009


Explanatory Notes for Amendments to be
moved during consideration in detail by the
Honourable Cameron Dick MP,
Attorney-General and Minister for Industrial
Relations

Title of the Bill
Coroners and Other Acts Amendment Bill 2009

Objectives of the Amendments
The objective of the amendments is to clarify that the State Coroner can be
appointed to act as, and perform the functions and exercise the powers of
the Deputy Chief Magistrate.

Achievement of the Objectives
The objective is achieved by making amendments to the legislation as
outlined below.

Estimated Cost for Government Implementation
Nil

Consistency with Fundamental Legislative Principles
Amendment 3 amends Clause 59 by inserting new sections 114 and 115.
While these provisions operate as retrospectively validating legislation, the
purpose is simply to clarify the intended effect of the Coroners Act in
relation to the appointment of the State Coroner to act as the Deputy Chief
Magistrate. The amendments do not adversely affect the rights or liabilities
of any person, or impose obligations on any person.
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Coroners and Other Acts Amendment Bill 2009




Consultation
The Chief Magistrate and the State Coroner have been consulted on the
amendments.




Notes on Provisions

Clause 1 amends Clause 2 of the Bill by providing that the Act, other than
sections 50(5) to (9) and section 59 (to the extent it inserts a new part 6,
division 4 heading, and new sections 114 and 115) commences on a day to
be fixed by proclamation.
Clause 2 amends Clause 50 of the Bill by stating that, despite subsections
(4) and (5), the State Coroner may be appointed to act as, and perform the
functions and exercise the powers of the Deputy Chief Magistrate. The
clause also removes any doubt by declaring that section 14(b) of the
Magistrates Act 1991 applies to the State Coroner while acting as Deputy
Chief Magistrate. Section 14(b) provides that the Deputy Chief Magistrate
may act as the Chief Magistrate during a vacancy in the office or any period
when the Chief Magistrate is absent from duty or from the State or is, for
any other reason, unable to perform the duties of the office.
Clause 3 amends Clause 59 of the Bill by inserting new sections 114 and
115. Section 114 validates the purported appointment, at any time before
the commencement of this section, of the State Coroner to act as Deputy
Chief Magistrate and the purported acting, at any time before the
commencement of this section, of the State Coroner as Chief Magistrate
under section 14(b) of the Magistrates Act 1991, while purportedly acting
as Deputy Chief Magistrate. The section also validates every decision or
order made, sentence imposed or anything else done by the State Coroner
while purportedly appointed or acting in these offices .
Section 115 validates the purported acting, at any time before the
commencement of this section, of the Deputy State Coroner as State
Coroner under section 74(6) because of the purported appointment or
purported acting mentioned in section 114(1). The section also validates
every decision or order made, or anything done by the Deputy State
Coroner while purportedly acting as State Coroner.
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© State of Queensland 2009

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