CORONERS ACT 2008 - SECT 94 Appointment of coroners
CORONERS ACT 2008 - SECT 94
Appointment of coronersS. 94(1) amended by No. 63/2013 s. 83(2)(a).
(1) The Governor in Council, on the advice of the Attorney-General, may appoint as many coroners under this section as are necessary for transacting the business of the Coroners Court.
S. 94(2) amended by No. 63/2013 s. 83(2)(b).
(2) A person is not eligible for appointment as a coroner under this section unless he or she—
(a) has not attained the age of 75 years and is or has been a judge or magistrate of—
(i) the High Court of Australia or of a court created by the Parliament of the Commonwealth; or
(ii) a court of Victoria or of another State or of a Territory; or
S. 94(2)(b) amended by No. 17/2014 s. 160(Sch. 2 item 21.2).
(b) has not attained the age of 70 years and is an Australian lawyer of at least 5 years' standing; or
(c) has not attained the age of 75 years and is appointed to act as a coroner in another State or a Territory.
S. 94(3) amended by No. 63/2013 s. 83(2)(c)(i).
(3) A coroner under this section—
S. 94(3)(a) amended by No. 63/2013 s. 83(2)(c)(ii).
(a) is eligible for reappointment as a coroner;
(b) ceases to hold office—
(i) at the end of 5 years from the date of his or her appointment; or
S. 94(3)(b)(ii) amended by No. 20/2015 s. 43. [1]
(ii) on attaining the age of 70 years or, in the case of a coroner referred to in subsection (2)(a) or (2)(c), 75 years—
whichever is sooner;
(c) may only be removed from office in the same way and on the same grounds as a magistrate is liable to be removed from office.
S. 94(4) amended by No. 63/2013 s. 83(2)(d).
(4) A coroner under this section may resign from the office of coroner by delivering a letter of resignation, signed by the coroner, to the Governor.
S. 94(5) amended by Nos 34/2010 s. 5, 63/2013 s. 83(2)(e), 29/2015 s. 50(2), 3/2016 s. 23.
(5) A coroner under this section is entitled to be paid the same salary and is entitled to the same allowances and other conditions of service as a magistrate and the superannuation contributions payable for the benefit of a magistrate.
S. 94(6) inserted by No. 29/2015 s. 50(3).
(6) 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 coroner under this section; and
(b) premiums and other amounts payable under the Workplace Injury Rehabilitation and Compensation Act 2013 in respect of any coroner under this section; and
(c) payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to any coroner under this section; and
(d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any coroner under this section; and
(e) superannuation contributions within the meaning of the Payroll Tax Act 2007 payable in respect of any coroner under this section.
S. 94(7) inserted by No. 29/2015 s. 50(3).
(7) 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. 95 (Heading) amended by No. 6/2018 s. 68(Sch. 2 item 30.1).
S. 95 amended by No. 6/2018 s. 68(Sch. 2 item 30.2).