South Australian Consolidated Acts

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CORONERS ACT 2003 - SECT 22

22—Power of inquiry

        (1)         The following powers may be exercised—

            (a)         by the State Coroner for the purposes of determining whether or not it is necessary or desirable to hold an inquest; or

            (b)         by the Coroner's Court for the purposes of an inquest,

namely, powers:

            (c)         to enter at any time and by force (if necessary) any premises in which the State Coroner or Court reasonably believes there is the body of a dead person and view the body;

            (d)         to enter at any time and by force (if necessary) any premises and inspect and remove anything in or on the premises;

            (e)         to take photographs, films and audio, video or other recordings;

            (f)         to examine, copy or take extracts from any records or documents;

            (g)         to issue a warrant for the removal of the body of a dead person to a specified place;

            (h)         to issue a warrant for the exhumation of the body, or retrieval of the ashes, of a dead person (an "exhumation warrant");

                  (i)         to direct a medical practitioner who is a pathologist, or some other person or body considered by the State Coroner or the Court to be suitably qualified, to perform or to cause to be performed, as the case may require—

                  (i)         a post-mortem examination of the body of a dead person; and

                  (ii)         any other examinations or tests consequent on the post-mortem examination.

        (2)         An exhumation warrant of the State Coroner may only be issued with the approval of the Attorney-General.

        (3)         An investigator may exercise the powers under subsection (1)(c) to (f) if directed to do so by the State Coroner or the Coroner's Court for the purposes referred to in that subsection and, in doing so, must comply with any directions given by the State Coroner or the Court for the purpose.

        (4)         A person exercising a power or executing a warrant under this section may be accompanied by such assistants as the person thinks fit.

        (5)         If a person—

            (a)         hinders or obstructs a person exercising a power or executing a warrant under this section or any assistant accompanying such a person; or

            (b)         fails to comply with a direction given by such a person under this section,

he or she is—

            (c)         in the case of hindering or obstructing, or failing to comply with a direction of, the Court—guilty of a contempt of the Court;

            (d)         in any other case—guilty of an offence and liable to a penalty not exceeding $10 000.



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