Part 3.117 Coronial jurisdiction generally
(1) In this Chapter:(a) Part 3.2 confers jurisdiction on coroners to hold inquests concerning certain deaths and suspected deaths of persons, and(b) Part 3.3 confers jurisdiction on coroners to hold inquiries concerning certain fires and explosions that do not involve deaths or suspected deaths, and(c) Part 3.4 deals with miscellaneous matters relating to the exercise of any such jurisdiction.(2) Subject to this Act, the jurisdiction conferred by this Chapter extends to deaths, suspected deaths, fires and explosions occurring before the commencement of this section.Note. Section 19 provides that there is no jurisdiction to hold an inquest concerning a death or suspected death if it occurred more than 100 years ago. Also, Part 2 of Schedule 2 makes savings and transitional arrangements in connection with inquests and inquiries concerning deaths, suspected deaths, fires and explosions occurring before the commencement of this Act.
18 Jurisdiction concerning death requires connection with the State
(cf Coroners Act 1980, s 13C)
(1) A coroner does not have jurisdiction to hold an inquest concerning a death or suspected death unless it appears to the coroner that:(a) the remains of the person are in the State, or(b) the death or suspected death or the cause of the death or of the suspected death occurred in the State, or(c) the death or suspected death occurred outside the State but the person had a sufficient connection with the State, as referred to in subsection (2).(2) A person had a sufficient connection with the State if the person:(a) was ordinarily resident in the State when the death or suspected death occurred, or(b) was, when the death or suspected death occurred, in the course of a journey to or from some place in the State, or(c) was last at some place in the State before the circumstances of his or her death or suspected death arose.
19 No jurisdiction concerning death or suspected death unless occurring within last 100 years
(cf Coroners Act 1980, s 13B)
A coroner does not have jurisdiction to hold an inquest concerning a death or suspected death unless it appears to the coroner that (or that there is reasonable cause to suspect that) the death or suspected death occurred within the last 100 years.
20 Jurisdiction does not depend on making of report
Any jurisdiction of a coroner to hold an inquest concerning a death or suspected death, or an inquiry concerning a fire or explosion, arises even if the death, suspected death, fire or explosion has not been reported to a coroner or other person in accordance with a requirement to do so under this Act.