Division 4 Miscellaneous

16   Cases where a coroner is not bound to hold an inquest or inquiry

(1)  A coroner having jurisdiction to hold an inquest or inquiry may refuse to hold the inquest or inquiry in any case where after being informed in accordance with this Act of the death or suspected death or of the fire or explosion concerned:

(a)  the coroner is unable through illness, absence from the place where the coroner holds office or ordinarily acts as coroner or other cause to hold the inquest or inquiry,

(b)  the coroner, being a person holding office as a Magistrate or registrar of the Local Court, or duly acting as a registrar of the Local Court, is after being so informed and before holding the inquest or inquiry transferred by the Chief Magistrate of the Local Courts or within the Public Service, as the case may be, from the place where the coroner held or acted in that office when the coroner was so informed to some other place or position, or

(c)  the coroner is satisfied that the inquest or inquiry should be held by another coroner or that, except where the coroner has jurisdiction to hold an inquest under section 47, the inquest or inquiry should, on the ground of public convenience, be held by a coroner at some other place than that at which the coroner holds office or ordinarily acts as coroner.

(2)  Where a coroner refuses to hold an inquest or inquiry in a case referred to in:

(a)  subsection (1) (a) or (c), a police officer, or

(b)  subsection (1) (b), the coroner,

      may inform any other coroner of the death or suspected death or of the fire or explosion and that other coroner may proceed in all respects as if the firstmentioned coroner had not been informed of the death or suspected death or of the fire or explosion.

16A   Notice of particulars of death to be given to Registrar of Births, Deaths and Marriages

(1)  If a coroner holds an inquest in respect of the death of a person, the coroner must, for the purpose of enabling registration of the death of the person to be effected or completed, give notice in writing to the Registrar of Births, Deaths and Marriages of such particulars as are known to the coroner relating to the death of the person.

(2)  If a coroner dispenses with the holding of an inquest under section 14 or suspends an inquest under section 19, the coroner must, for the purpose of enabling registration of the death of the person to be effected or completed, give notice in writing to the Registrar of Births, Deaths and Marriages of such particulars as are known to the coroner relating to the death of the person.

(3)  If a coroner is satisfied (whether before or during an inquest in respect of the death of a person) that there will be a delay in concluding the inquest and that he or she is able, on the basis of such evidence as the coroner considers sufficient, to determine the particulars relating to the death of the person, the coroner may, for the purpose of enabling registration of the death of the person to be completed or effected, make that determination and give notice of the determination in writing to the Registrar of Births, Deaths and Marriages.

(4)  A notice under this section must not include any matter incriminating any person.

(5)  In this section, a reference to the particulars relating to the death of a person is a reference to the identity of, and date, place and cause of death of, the deceased person.