Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies if a person wants access to 1 of the following documents, that is in the possession of a coroner, for purposes other than research purposes--
(a) a coronial document;
(b) another type of investigation document.
(2) The person may access the document with the consent of--
(a) the coroner who is conducting, or had conducted, the investigation to which the document relates; or
(b) if that coroner is not available--another coroner nominated by the State Coroner.
(3) The coroner may consent only if the coroner is satisfied that the person has a sufficient interest in the document.
Example--
A person with a sufficient interest in an investigation document might include--
(a) an immediate member of the deceased person's family; or
(b) a person authorised by the owner of a tissue bank under the Transplantation and Anatomy Act 1979; or
(c) for a document that is relevant to assessing a potential threat to public health--the health chief executive.
(4) While a coroner is investigating a death to which a coronial document relates, a person may access the document only under this section.
(5) Despite subsection (2), if access to a coronial document is necessary for the investigation or prosecution of an offence relating to a death--
(a) a police officer may access the document without a coroner's consent; and
(b) the police officer may give someone else access to the document for the investigation or prosecution, without a coroner's consent.
(6) However, subsection (5) does not apply to a document to the extent that the document contains information that was obtained from a person under a provision of another Act that compelled the person to give the information.
Example of a provision of another Act in subsection (6)--
the Coal Mining Safety and Health Act 1999, section 159 (Person must answer question about serious accident or high potential incident)
(7) Despite anything in this section--
(a) a document, to the extent that it contains confidential information obtained under section 17, may only be accessed under section 17(4); and
(b) a document, to the extent that it contains confidential information obtained under the Child Protection Act 1999, section 159P, may only be accessed under section 159P(3) of that Act; and
(c) a document, to the extent that it contains confidential information obtained under the Public Health Act 2005, section 56, may only be accessed under section 56(3) of that Act; and
(d) a document, to the extent that it contains confidential information obtained under the Public Health Act 2005, section 86, may only be accessed under section 86(3) of that Act.