CORONERS ACT 2009 - As at 21 November 2024 - Act 41 of 2009

Table of Provisions

• Long Title

CHAPTER 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Objects of Act
• 4 Definitions
• 5 Meaning of "relative"
• 6 Meaning of "reportable death"
• 6A Meaning of "senior next of kin"

CHAPTER 2 - CORONIAL OFFICERS

• 7 State Coroner and Deputy State Coroners
• 8 Acting State Coroner
• 9 Delegation by State Coroner
• 10 Functions of State Coroner and Deputy State Coroners
• 11 Information to be given to State Coroner
• 12 Coroners
• 13 Assistant coroners
• 14 Appointed coroners have full coronial jurisdiction and functions
• 15 Functions of assistant coroners
• 16 Magistrates have coronial functions by virtue of office

CHAPTER 3 - CORONIAL JURISDICTION

PART 3.1 - GENERAL

• 17 Coronial jurisdiction generally
• 18 Jurisdiction concerning death requires connection with the State
• 19 No jurisdiction concerning death or suspected death unless occurring within last 100 years
• 20 Jurisdiction does not depend on making of report

PART 3.2 - INQUESTS CONCERNING DEATHS

Division 1 - General jurisdiction to hold inquests

• 21 Inquests concerning deaths or suspected deaths

Division 2 - Exclusive jurisdiction of State Coroner and Deputy State Coroners

• 22 Division confers exclusive jurisdiction
• 23 Jurisdiction concerning deaths in custody or as a result of police operations
• 24 Jurisdiction concerning deaths of children and disabled persons
• 24A Meaning of "person in the relevant group"

Division 3 - When inquest may be dispensed with

• 25 Coroner may dispense with inquest unless inquest required
• 26 Reasons to be given for dispensing with inquest

Division 4 - When inquest is required to be held

• 27 General circumstances in which inquest required to be held
• 28 Minister or State Coroner may direct that inquest be held
• 29 Direction to hold inquest where coroner has dispensed with inquest

PART 3.3 - INQUIRIES CONCERNING FIRES AND EXPLOSIONS

• 30 Inquiries concerning fires and explosions
• 31 Coroner may dispense with inquiry unless inquiry required
• 32 When inquiry is required to be held

PART 3.4 - OTHER PROVISIONS CONCERNING EXERCISE OF CORONIAL JURISDICTION

• 33 Coroners who are unavailable to exercise jurisdiction
• 34 Notice of particulars of death to be given to Registrar of Births, Deaths and Marriages

CHAPTER 4 - REPORTING OF DEATHS

• 35 Obligation to report death or suspected death
• 36 State Coroner to inform Ombudsman and others about certain child and disability deaths
• 37 State Coroner to report on deaths in custody
• 38 Medical practitioner must not certify cause of death if death is reportable

CHAPTER 5 - CORONIAL INVESTIGATION SCENES

• 39 Definitions
• 40 Order establishing coronial investigation scene
• 41 Establishment of coronial investigation scene
• 42 Exercise of powers at coronial investigation scene
• 43 Coronial investigation scene powers
• 44 Obstruction or hindrance of person executing coronial investigation scene order
• 45 Chapter does not limit other powers

CHAPTER 6 - CORONIAL PROCEEDINGS

PART 6.1 - GENERAL

• 46 Meaning of "coronial proceedings"
• 47 Hearings in coronial proceedings generally to be open to public
• 48 Coronial proceedings may be conducted with jury only if State Coroner directs
• 49 Case management directions by coroner
• 50 State Coroner may assume and give directions concerning exercise of jurisdiction
• 51 Directions concerning investigations
• 52 Practice notes and approval of forms
• 53 Power to obtain documents and things for purposes of coronial investigation

PART 6.2 - HOLDING INQUESTS AND INQUIRIES

• 54 Time and place of inquest or inquiry
• 55 Coroner may view deceased person's remains or scene of fire or explosion
• 56 Coroner's right to possession of deceased person's remains

PART 6.3 - REPRESENTATION AND EVIDENTIARY MATTERS

• 57 Representation in coronial proceedings
• 58 Rules of procedure and evidence
• 59 Witnesses may be required to give evidence on oath or affirmation
• 60 Persons granted leave may apply for witness to be examined
• 61 Privilege in respect of self-incrimination
• 62 Refusal of witness to be examined
• 63 Documentary evidence
• 64 Fresh inquest or inquiry--admission of previous depositions
• 65 Records of evidence
• 66 Subpoena for appearance or warrant for arrest of witness
• 67 Form of subpoena
• 68 Manner of service of subpoena
• 69 Arrest warrants for non-appearance in response to subpoena
• 70 Form of warrant
• 71 Arrest of witness under arrest warrant
• 72 Certain defects immaterial

PART 6.4 - DISCLOSURE OF INFORMATION

• 73 Meaning of "published"
• 74 Powers of coroner to clear court and prevent publication of evidence or submissions
• 75 Powers of coroner in relation to reports or proceedings concerning self-inflicted deaths
• 76 Publication of certain questions, warnings, objections, submissions and comments
• 77 Certain matters not prohibited or prevented

PART 6.5 - RESOLUTION OF CORONIAL PROCEEDINGS

• 78 Procedure at inquest or inquiry involving indictable offence
• 79 Procedure following suspension of inquest or inquiry
• 80 Procedure at inquest if finding that person did not die
• 81 Findings of coroner or jury verdict to be recorded
• 82 Coroner or jury may make recommendations
• 83 When fresh inquests and inquiries may be conducted

CHAPTER 7 - POWERS OF SUPREME COURT

• 84 Orders for inquests or inquiries
• 85 Orders for fresh inquests or inquiries
• 86 Notification of application
• 86A Intervention by Minister in application
• 87 State Coroner to be served with orders

CHAPTER 8 - POST MORTEM INVESTIGATIVE PROCEDURES

PART 8.1 - INVESTIGATION DIRECTIONS, EXHUMATIONS AND RELATED MATTERS

• 88 Dignity of deceased person to be respected
• 88A Preliminary examination of remains of deceased person
• 89 Coroner may give certain post mortem investigation directions
• 90 Retention and use of human tissue pursuant to direction
• 91 Warrant for exhumation of deceased's remains
• 92 Coronial Medical Officers
• 93 Remuneration of medical practitioners and other persons
• 94 Protection for persons acting under coroner's direction

PART 8.2 - OBJECTIONS TO EXERCISE OF POST MORTEM INVESTIGATIVE FUNCTIONS

• 95 Meaning of "relevant post mortem investigative function"
• 96 Objections by senior next of kin to exercise of relevant post mortem investigative functions
• 97 Applications to Supreme Court by senior next of kin
• 98 Senior next of kin may authorise another person to exercise functions
• 99 Objection to exercise of relevant post mortem investigative functions by other persons

CHAPTER 9 - DISPOSAL OF HUMAN REMAINS

• 100 Unauthorised disposal of human remains
• 101 Order authorising disposal of human remains

CHAPTER 9A - DOMESTIC VIOLENCE DEATH REVIEW TEAM

PART 9A.1 - PRELIMINARY

• 101A Object of Chapter
• 101B Interpretation
101C. (Repealed)

PART 9A.2 - CONSTITUTION AND PROCEDURE OF THE TEAM

• 101D Establishment of Team
• 101E Members of Team

PART 9A.3 - FUNCTIONS OF THE TEAM

Division 1 - General functions

• 101F Functions of Team
• 101G Matters to be considered in reviews
• 101H Referral of cases for review to Team
• 101I Appointment of expert advisers

Division 2 - Reports by Team

• 101J Reports
• 101K Reporting to Parliament

PART 9A.4 - ACCESS TO AND CONFIDENTIALITY OF INFORMATION

• 101L Duty of persons to assist Team
• 101M Confidentiality of information

PART 9A.5 - MISCELLANEOUS

• 101N Execution of documents
• 101O Protection from liability
• 101P Review of Chapter

CHAPTER 10 - MISCELLANEOUS

• 102 Assistance to and from coroners in other jurisdictions
• 102A Sharing of information with coronial database
• 103 Contempt
• 103A Disrespectful behaviour in coronial proceedings
• 104 Regulations
• 105 Service or giving of documents
• 106 Nature of proceedings for offences
• 107 Offences by corporations
108. (Repealed)
• 109 Review of Act
• SCHEDULE 1
• SCHEDULE 2
• SCHEDULE 3
Schedule 4 (Repealed)