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CORONERS ACT 2008 - SECT 115 Access to documents

CORONERS ACT 2008 - SECT 115

Access to documents

S. 115(1) substituted by No. 62/2014 s. 73(1).

    (1)     Unless otherwise ordered by the coroner, the principal registrar must—

        (a)     provide the senior next of kin of a deceased person written notice, in accordance with the rules, specifying—

              (i)     that reports have been given to a coroner as a result of a medical examination performed on the deceased; and

              (ii)     that the senior next of kin may request copies of those reports; and

              (iii)     the manner in which the senior next of kin may request copies of those reports; and

        (b)     if an inquest is to be held, provide an interested party with a copy of the coronial brief.

    (2)     A coroner may also release a document to—

        (a)     an interested party if the coroner is satisfied that the party has a sufficient interest in the document;

        (b)     a statutory body if the coroner is satisfied that the release of the document is required to allow the statutory body to exercise a statutory function;

S. 115(2)(c) amended by No. 37/2014 s. 10(Sch. item 30.5).

        (c)     a police officer for law enforcement purposes;

        (d)     a person who is conducting research if the coroner is satisfied that the research has been approved by an appropriate human research ethics committee;

        (e)     any person if the coroner is satisfied that the release is in the public interest;

        (f)     a person specified in the rules as being a person to whom documents may be released.

    (3)     A coroner may impose conditions on the release of any document under subsection (1) or (2).

    (4)     A person to whom a document has been released under this section must comply with any condition placed on that release.

Penalty:     60 penalty units.

    (5)     A person must not knowingly or recklessly fail to comply with any condition placed on the release of a document under this section.

Penalty:     60 penalty units.

    (6)     A document relating to the investigation of a death or a fire that is held by a coroner must not be released by a coroner except as permitted under this Act or any other law.

S. 115(7) amended by Nos 62/2014 s. 73(2)(a), 3/2016 s. 106.

    (7)     In this section," coronial brief "means a brief of evidence that is prepared for a coronial investigation and contains the following (if available)—

        (a)     a statement of identification by an appropriate person;

        (b)     any reports given to a coroner as a result of a medical examination;

S. 115(7)(c) amended by No. 62/2014 s. 73(2)(b).

        (c)     reports and statements that the coroner investigating the death or fire believes are relevant to a coronial investigation;

S. 115(7)(d) amended by No. 62/2014 s. 73(2)(c).

        (d)     other evidentiary material that the coroner investigating the death or fire believes is relevant to the coronial investigation;

        (e)     any material prescribed by the rules or the regulations.

S. 115(8) amended by No. 62/2014 s. 73(3).

    (8)     For the purposes of subsection (7), a coronial brief does not include any part of a medical file that the coroner considers to be irrelevant to the coronial investigation.