CORONERS ACT 2003 - SECT 56
Refusing access in the public interest
CORONERS ACT 2003 - SECT 56
Refusing access in the public interest
56 Refusing access in the public interest
(1) A coroner may refuse to allow a person access to an investigation document
if the coroner considers that disclosure of the information in the document
would not be in the public interest when weighed against all relevant
interests.
Example—
A coroner may refuse access to a document if the
coroner considers the document contains—
(a) defamatory information; or
(b)
unsubstantiated allegations of criminal conduct; or
(c) information that may
prejudice the coroner’s investigation.
(2) Subsection (1) applies even if
the person is otherwise eligible, under this division, to be given access to
the document.
(3) Also, a coroner may refuse to give access to a coronial
document until a stated time.
Example—
If a document contains information
that is likely to prevent a person from receiving a fair trial, a coroner may
refuse to give access to the document until the trial is over.
(4) A person
may apply to a coroner who refused access to an investigation document under
this section to amend or revoke the order containing the refusal.
Example—
A person who wants to produce the document in evidence in another proceeding
might apply to the coroner to allow a copy of the document to be given to the
judge in that proceeding.
