Part 3.2 Inquests concerning deaths

Division 1 General jurisdiction to hold inquests

21   Inquests concerning deaths or suspected deaths

(cf Coroners Act 1980, s 13)

(1)  A coroner has jurisdiction to hold an inquest concerning the death or suspected death of a person if it appears to the coroner that:

(a)  the person’s death is (or there is reasonable cause to suspect that the person’s death is) a reportable death, or

(b)  a medical practitioner has not given (or there is reasonable cause to suspect that a medical practitioner has not given) a certificate as to the cause of death.

(2)  The reference to a medical practitioner in subsection (1) (b) includes, if it appears to the coroner that the death or suspected death occurred at a place outside the State, a reference to a person entitled under the law in force in that place to issue a certificate as to the cause of death.

Division 2 Exclusive jurisdiction of State Coroner and Deputy State Coroners

22   Division confers exclusive jurisdiction

(cf Coroners Act 1980, ss 13A (2) and 13AB (2))

(1)  The jurisdiction conferred by this Division is conferred exclusively on any coroner who holds office as the State Coroner or a Deputy State Coroner (a senior coroner).

(2)  If jurisdiction to hold an inquest concerning a death or suspected death arises both under this Division and Division 1, an inquest concerning the death or suspected death may be held only by a senior coroner.

23   Jurisdiction concerning deaths in custody or as a result of police operations

(cf Coroners Act 1980, s 13A (1))

A senior coroner has jurisdiction to hold an inquest concerning the death or suspected death of a person if it appears to the coroner that the person has died (or that there is reasonable cause to suspect that the person has died):

(a)  while in the custody of a police officer or in other lawful custody, or

(b)  while escaping, or attempting to escape, from the custody of a police officer or other lawful custody, or

(c)  as a result of, or in the course of, police operations, or

(d)  while in, or temporarily absent from, any of the following institutions or places of which the person was an inmate:

(i)  a detention centre within the meaning of the Children (Detention Centres) Act 1987,

(ii)  a correctional centre within the meaning of the Crimes (Administration of Sentences) Act 1999,

(iii)  a lock-up, or

(e)  while proceeding to an institution or place referred to in paragraph (d), for the purpose of being admitted as an inmate of the institution or place and while in the company of a police officer or other official charged with the person’s care or custody.

24   Jurisdiction concerning deaths of children and disabled persons

(cf Coroners Act 1980, s 13AB (1), (3) and (4))

(1)  A senior coroner has jurisdiction to hold an inquest concerning the death or suspected death of a person if it appears to the coroner that the person was (or that there is reasonable cause to suspect that the person was):

(a)  a child in care, or

(b)  a child in respect of whom a report was made under Part 2 of Chapter 3 of the Children and Young Persons (Care and Protection) Act 1998 within the period of 3 years immediately preceding the child’s death, or

(c)  a child who is a sibling of a child in respect of whom a report was made under Part 2 of Chapter 3 of the Children and Young Persons (Care and Protection) Act 1998 within the period of 3 years immediately preceding the child’s death, or

(d)  a child whose death is or may be due to abuse or neglect or that occurs in suspicious circumstances, or

(e)  a person (whether or not a child) who, at the time of the person’s death, was living in, or was temporarily absent from, residential care provided by a service provider and authorised or funded under the Disability Services Act 1993 or a residential centre for disabled persons, or

(f)  a person (other than a child in care) who is in a target group within the meaning of the Disability Services Act 1993 who receives from a service provider assistance (of a kind prescribed by the regulations) to enable the person to live independently in the community.

(2)  If jurisdiction to hold an inquest concerning the death of a child arises under this section or section 23, the senior coroner must use his or her best endeavours to notify the following persons of any right that they have to legal representation at the inquest:

(a)  the persons having parental responsibility for the child,

(b)  the child’s parents (if they do not have that responsibility),

(c)  such family members as would be reasonably expected to have an immediate interest in the outcome of the inquest.

(3)  In this section:

child means a person who is less than 18 years old.

child in care means a child or young person who is less than 18 years old:

(a)  who is under the parental responsibility of the Minister administering the Children and Young Persons (Care and Protection) Act 1998, or

(b)  for whom the Director-General of the Department of Community Services or a designated agency has the care responsibility under section 49 of the Children and Young Persons (Care and Protection) Act 1998, or

(c)  who is a protected person within the meaning of section 135A of the Children and Young Persons (Care and Protection) Act 1998, or

(d)  who is the subject of an out-of-home care arrangement under the Children and Young Persons (Care and Protection) Act 1998, or

(e)  who is the subject of a sole parental responsibility order under section 149 of the Children and Young Persons (Care and Protection) Act 1998, or

(f)  who is otherwise in the care of a service provider.

parental responsibility, in relation to a child or young person, means all the duties, powers, responsibilities and authority that, by law, parents have in relation to their children.

residential centre for disabled persons means:

(a)  premises declared to be a residential centre for handicapped persons under section 3A of the Youth and Community Services Act 1973, or

(b)  premises licensed under Part 3 of the Youth and Community Services Act 1973,

      but does not include premises exempted under that Act from the requirement to be licensed.

service provider has the same meaning as it has in the Community Services (Complaints, Reviews and Monitoring) Act 1993.

Division 3 When inquest may be dispensed with

25   Coroner may dispense with inquest unless inquest required

(cf Coroners Act 1980, s 14)

(1)  A coroner who has jurisdiction to hold an inquest concerning the death or suspected death of a person may dispense with the inquest unless an inquest is required to be held under this Part.

(2)  Without limiting subsection (1), a coroner who has jurisdiction to hold an inquest concerning the death of a person may dispense with the inquest if the coroner is satisfied (after obtaining relevant advice from police officers and medical practitioners and consulting with a senior next of kin of the deceased person and any other person that the coroner considers appropriate) that:

(a)  the deceased person died of natural causes (whether or not the precise cause of death is known), and

(b)  a senior next of kin of the deceased person has indicated to the coroner that it is not the wish of the deceased person’s family that a post mortem examination be conducted on the deceased to determine the precise cause of the deceased’s death.

(3)  A coroner who has previously dispensed with the holding of an inquest concerning a death or suspected death may subsequently hold an inquest concerning the death or suspected death if the coroner is of the opinion that the discovery of new evidence or facts makes it necessary or desirable in the interests of justice to hold the inquest.

26   Reasons to be given for dispensing with inquest

(cf Coroners Act 1980, s 14D)

(1)  A coroner who dispenses with an inquest must, on request by any of the following persons, give the person the coroner’s written reasons for dispensing with an inquest:

(a)  the State Coroner,

(b)  the Minister,

(c)  any person who, in the opinion of the coroner, has a sufficient interest of any kind in the circumstances of the death or suspected death.

(2)  A coroner who refuses a request to give reasons because the person making it does not, in the opinion of the coroner, have a sufficient interest of any kind in the circumstances of the death or suspected death, is required, at the written request of the person, to give the person the reasons for the refusal.

Division 4 When inquest is required to be held

27   General circumstances in which inquest required to be held

(cf Coroners Act 1980, s 14B)

(1)  An inquest concerning the death or suspected death of a person is required to be held in any of the following circumstances:

(a)  if it appears to the coroner concerned that the person died or might have died as a result of homicide (not including suicide),

(b)  if the jurisdiction to hold the inquest arises under section 23,

(c)  if it appears to the coroner concerned that:

(i)  it has not been sufficiently disclosed whether the person has died, or

(ii)  the person’s identity and the date and place of the person’s death have not been sufficiently disclosed,

(d)  if it appears to the coroner concerned that the manner and cause of the person’s death have not been sufficiently disclosed (unless the case is one in which an inquest has been suspended or continued under section 78).

(2)  An inquest is not required to be held under this section if it appears to the coroner concerned that an inquest or other official inquiry concerning the death or suspected death has been held, or is to be held, outside the State.

28   Minister or State Coroner may direct that inquest be held

(cf Coroners Act 1980, s 14A)

An inquest is required to be held if the Minister or the State Coroner directs that it be held.

29   Direction to hold inquest where coroner has dispensed with inquest

(cf Coroners Act 1980, s 14E)

(1)  If a coroner has dispensed with an inquest, the State Coroner may (after considering the coroner’s reasons for dispensing with the inquest and any other matters that the State Coroner considers relevant) direct a coroner to hold the inquest if the State Coroner is of the opinion that an inquest should nonetheless be held.

(2)  An inquest is to be held in accordance with the direction.

(3)  The State Coroner is not to give such a direction to a coroner who is a Magistrate (other than the coroner who dispensed with the holding of the inquest) without the Chief Magistrate’s consent.

(4)  The State Coroner may hold the inquest instead of directing another coroner to hold the inquest.