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TASMANIA
__________
CORONERS AMENDMENT BILL 2005
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CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 24 amended (Jurisdiction of coroner to hold inquest into
a death)
6. Section 26A inserted
26A. Decision by coroner to hold an inquest into a
workplace death
[Bill 62]-III
2
CORONERS AMENDMENT BILL 2005
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to amend the Coroners Act 1995
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Coroners
Amendment Act 2005.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Coroners Act 1995* is referred to
as the Principal Act.
*No. 73 of 1995
[Bill 62] 3
s. 4 No. Coroners Amendment 2005
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
inserting after subparagraph (x) in paragraph (a)
of the definition of "reportable death" the
following subparagraph:
(xi) that occurs at, or as a result of an
accident or injury that occurs at, the
deceased person's place of work, and
does not appear to be due to natural
causes; or
5. Section 24 amended (Jurisdiction of coroner to hold
inquest into a death)
Section 24(1) of the Principal Act is amended by
inserting after paragraph (e) the following
paragraph:
(ea) the deceased died at, or as a result of an
accident or injury that occurred at, his or
her place of work and the coroner is not
satisfied that the death was due to natural
causes; or
6. Section 26A inserted
After section 26 of the Principal Act, the
following section is inserted in Part 5:
26A. Decision by coroner to hold an inquest into a
workplace death
(1) A coroner who decides to hold an inquest
pursuant to section 24(1)(ea) must
4
2005 Coroners Amendment No. s. 6
(a) record the decision in writing;
and
(b) specify the reasons for the
decision; and
(c) as soon as practicable after
making the decision, notify the
senior next of kin of the deceased
person, in writing, of the
decision, including the reasons
for the decision.
(2) Within 14 days after receiving notice of a
decision under subsection (1), the senior
next of kin of the deceased person may,
in writing, request the coroner not to hold
the inquest.
(3) If the senior next of kin makes that
request, the coroner, despite
section 24(1)(ea), may decline to hold the
inquest if he or she is satisfied that it
would not be contrary to the public
interest or the interests of justice if the
inquest were not held.
Government Printer, Tasmania 5