South Australian Consolidated Acts

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CORONERS ACT 2003 - SECT 23

23—Proceedings on inquests

        (1)         The Coroner's Court may, for the purposes of an inquest—

            (a)         by summons, require the appearance before the inquest of any person; or

            (b)         by summons, require the production of any relevant records or documents and, in the case of a record or document that is not in the English language, require the production of a written statement in the English language of the contents of the record or document; or

            (c)         inspect any records or documents produced before it, and retain them for such reasonable period as it thinks fit, and make copies of the records or documents or their contents; or

            (d)         require any person to make an oath or affirmation to answer truthfully questions put by the Court or by any person appearing before the Court; or

            (e)         require any person appearing before the Court (whether summoned to appear or not) to answer any questions put by the Court or by any person appearing before the Court.

        (2)         If—

            (a)         a person fails without reasonable excuse to comply with a summons to appear before the Court; or

            (b)         there are grounds for believing that, if such a summons were issued, a person would not comply with it,

the Court may issue a warrant to have the person arrested and brought before the Court.

        (3)         If a person who is in custody has been summoned under this section to appear before the Court, the manager of the place in which the person is being detained must cause the person to be brought to the Court as required by the summons.

        (4)         A person who—

            (a)         fails, without reasonable excuse, to comply with a summons issued to appear, or to produce records or documents, before the Court; or

            (b)         having been served with a summons to produce a written statement of the contents of a record or document in the English language fails, without reasonable excuse, to comply with the summons or produces a statement that he or she knows, or ought to know, is false or misleading in a material particular; or

            (c)         refuses to be sworn or to affirm, or refuses or fails to answer truthfully a relevant question when required to do so by the Court; or

            (d)         refuses to obey a lawful direction of the Court; or

            (e)         misbehaves before the Court, wilfully insults the Court or interrupts the proceedings of the Court,

commits a contempt of the Court.

        (5)         However, a person is not required to answer a question, or to produce a record or document, under this section if—

            (a)         the answer to the question, or the contents of the record or document, would tend to incriminate the person of an offence; or

            (b)         answering the question, or producing the record or document, would result in a breach of legal professional privilege.

        (6)         This section does not derogate from Parts 7 and 8 of the Health Care Act 2008 .



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