CORONERS ACT 2008 - SECT 92 Deputy State Coroner

CORONERS ACT 2008 - SECT 92

    (1)     There is to be an office of Deputy State Coroner of the Coroners Court.

S. 92(2) amended by No. 5/2013 s. 59.

    (2)     The Deputy State Coroner must be a magistrate (other than a reserve magistrate) who is appointed by the Governor in Council on the recommendation of the Attorney-General.

    (3)     The Deputy State Coroner must act as State Coroner during any period when—

        (a)     there is a vacancy in the office of State Coroner; or

        (b)     the State Coroner is absent on leave or for any reason is temporarily unable to perform the duties of the office of State Coroner.

    (4)     The Deputy State Coroner holds office for the term (not exceeding 5 years) that is specified in his or her instrument of appointment and is eligible for re-appointment.

S. 92(5) substituted by No. 29/2015 s. 87.

    (5)     The Deputy State Coroner is entitled to be paid the salary at the rate for the time being applicable under the Judicial Entitlements Act 2015 for that office.

S. 92(5A) inserted by No. 29/2015 s. 87.

    (5A)     The Deputy State Coroner is entitled to the allowances and the other conditions of service for the office of magistrate (other than the Chief Magistrate or a Deputy Chief Magistrate) that are for the time being applicable under the Judicial Entitlements Act 2015 unless an entitlement certificate issued under that Act in relation to the office of Deputy State Coroner otherwise provides.

    (6)     A Deputy State Coroner who acts as State Coroner under subsection (3)     has, during the period of acting as State Coroner, the same functions as the State Coroner.

    (7)     The appointment of a magistrate as Deputy State Coroner does not affect the tenure of office of the magistrate.

    (8)     The office of Deputy State Coroner becomes vacant if the Deputy State Coroner ceases to hold the office of magistrate of the Magistrates' Court.

S. 92(9) inserted by No. 29/2015 s. 49.

    (9)     The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent—

        (a)     the amounts (including the amount of any non-salary benefits) payable to or for any Deputy State Coroner; and

        (b)     premiums and other amounts payable under the Workplace Injury Rehabilitation and Compensation Act 2013 in respect of any Deputy State Coroner; and

        (c)     payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to any Deputy State Coroner; and

        (d)     tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any Deputy State Coroner; and

        (e)     superannuation contributions within the meaning of the Payroll Tax Act 2007 payable in respect of any Deputy State Coroner.

S. 92(10) inserted by No. 29/2015 s. 49.

    (10)     In this section, non-salary benefits has the same meaning as it has in clause 3(5) and (6) of Schedule 1A to the Public Administration Act 2004 .

S. 93 (Heading) amended by No. 5/2013 s. 60(1).