CORONERS ACT 2008 - SECT 77 Re-opening an investigation or setting aside a finding

CORONERS ACT 2008 - SECT 77

    (1)     A person may apply to the Coroners Court for an order that some or all of the findings of a coroner after an investigation (whether or not an inquest has been held) should be set aside.

S. 77(2) substituted by No. 48/2018 s. 9(2).

    (2)     The Coroners Court, if satisfied that there are new facts and circumstances that make it appropriate to do so, may order that—

        (a)     some or all of the findings be set aside without re-opening the investigation; or

        (b)     some or all of the findings be set aside and the investigation be re-opened.

S. 77(3) substituted by No. 48/2018 s. 9(3).

    (3)     For the purposes of this section—

        (a)     "findings of a coroner" includes findings—

              (i)     under the Coroners Act 1958 of a person who was a coroner under that Act, despite the repeal of that Act; and

              (ii)     under the Coroners Act 1985 of a person who was a coroner under that Act, despite the repeal of that Act; and

        (b)     "investigation" and "inquest" includes an investigation or an inquest (as the case requires)—

              (i)     under the Coroners Act 1958 despite the repeal of that Act; and

              (ii)     under the Coroners Act 1985 despite the repeal of that Act.

S. 77(4) substituted by No. 48/2018 s. 9(3).

    (4)     If the Coroners Court under subsection (2)(b) sets aside findings and re-opens an investigation referred to in subsection (3), the investigation is to be conducted as an investigation under this Act.

S. 77(5) inserted by No. 48/2018 s. 9(3).

    (5)     Unless the specified circumstances in subsection (6) apply, a person must not apply to the Coroners Court under subsection (1) if an application based on the same, or substantially the same, grounds or evidence had been made and—

        (a)     in the case of an application to the Supreme Court under section 10 of the Coroners Act 1958 , the Supreme Court refused to make an order under section 10 of that Act in relation to that application; or

        (b)     in the case of an application to the Supreme Court under section 59 of the Coroners Act 1985 , the Supreme Court refused to make an order under section 59 of that Act in relation to that application; or

        (c)     in the case of an application to the State Coroner (within the meaning of the Coroners Act 1985 ) under section 59A of that Act, the State Coroner refused to make an order under section 59A of that Act in relation to that application; or

        (d)     in the case of an application under this section, the Coroners Court refused to make an order in relation to that application.

S. 77(6) inserted by No. 48/2018 s. 9(3).

    (6)     For the purpose of subsection (5), the specified circumstances are—

        (a)     the Supreme Court refused to make an order under section 10 of the Coroners Act 1958 because section 10 of that Act had been repealed at the time the application was made; or

        (b)     the Supreme Court refused to make an order under section 59 of the Coroners Act 1985 because section 59 of that Act had been repealed at the time the application was made; or

        (c)     the State Coroner (within the meaning of the  Coroners Act 1985 ) refused or was not able to make an order under section 59A of that Act because section 59A of that Act had been repealed at the time the application was made; or

        (d)     the Coroners Court refused or was not able to make an order under this section because this section did not apply to findings, investigations or inquests made or determined under the Coroners Act 1958 or the Coroners Act 1985 at the time the application was made.

S. 77(7) inserted by No. 48/2018 s. 9(3).

    (7)     For the purposes of an application made under this section, the State Coroner must determine which coroner is to constitute the Coroners Court.

Part 7—Appeals to Supreme Court