Chapter 6 Coronial proceedings
46 Meaning of “coronial proceedings”
(1) In this Act, coronial proceedings are any proceedings conducted by a coroner or assistant coroner for the purposes of this Act concerning the investigation of a death, suspected death, fire or explosion.(2) Without limiting subsection (1), coronial proceedings include the following:(a) the holding of an inquest or inquiry,(b) proceedings to determine whether or not to hold, or to continue to hold, an inquest or inquiry,(c) proceedings of an interlocutory or similar nature (including proceedings to deal with evidential matters or case management issues).
47 Hearings in coronial proceedings generally to be open to public
(cf Coroners Act 1980, s 30)
(1) Any hearing conducted in coronial proceedings is to be open to the public, except as provided by this section and section 74.Note. See also section 74 for situations in which a coroner may order all or any persons to go and remain outside the room or building in which coronial proceedings are being heard.(2) Nothing in subsection (1) prevents a coroner hearing coronial proceedings in a room or building that is not open to the public (such as a room or building in a correctional centre, hospital, private residence or other place not normally open to the public) if the coroner is of the opinion that special circumstances make it necessary or desirable to do so.(3) In such a case, the coroner is to note on the record of the proceedings the special circumstances that in the coroner’s opinion make such a course of action necessary or desirable.
48 Coronial proceedings may be conducted with jury only if State Coroner directs
(cf Coroners Act 1980, ss 18 and 28)
(1) Coronial proceedings are to be conducted without a jury, except as provided by subsection (2).(2) An inquest or inquiry is to be held before a coroner with a jury if the State Coroner directs it.(3) The State Coroner may direct that an inquest or inquiry be held before a coroner with a jury only if:(a) the State Coroner is to act as the coroner for the inquest or inquiry, and(b) the State Coroner considers that there are sufficient reasons to justify the inquest or inquiry being held with a jury.(4) An inquest or inquiry that would, but for this subsection, be held before a coroner and a jury at a place that is not a place for which a jury district is constituted under the Jury Act 1977 is to be held at the nearest place for which there is a jury district constituted.(5) The State Coroner must notify the Sheriff of the need for a jury for an inquest or inquiry as soon as practicable after the State Coroner gives a direction under this section that the inquest or inquiry is to be held before a jury.
49 Case management directions by coroner
(1) Subject to any relevant practice notes, a coroner in coronial proceedings may give such directions as the coroner thinks fit for the speedy determination of the real issues with which the proceedings are concerned.(2) In particular, the coroner may do any one or more of the following:(a) direct relevant persons in the proceedings to take specified steps in relation to the proceedings,(b) direct relevant persons in the proceedings as to the time within which specified steps in the proceedings must be completed,(c) give such other directions with respect to the conduct of proceedings as the coroner considers appropriate.(3) In this section, a relevant person, in relation to coronial proceedings, means any of the following persons:(a) any person who is appearing in the proceedings personally,(b) any person who is being represented in the proceedings,(c) any person who is acting as a representative of another person in the proceedings,(d) any person assisting the coroner in conducting the proceedings.
50 State Coroner may assume and give directions concerning exercise of jurisdiction
(cf Coroners Act 1980, s 17A)
(1) The State Coroner may do any one or more of the following:(a) give directions requiring a specified coroner to conduct coronial proceedings that have not yet commenced,(b) personally assume the jurisdiction to conduct particular coronial proceedings,(c) direct that a specified coroner assume the jurisdiction to hold particular coronial proceedings from another coroner in circumstances where the other coroner has been informed of the matter that gives rise to the jurisdiction,(d) direct that a coroner from whom jurisdiction has been assumed (the former coroner) following a direction under paragraph (c) is to provide the coroner who assumes the jurisdiction with all relevant information concerning the matter that the former coroner has received.(2) The State Coroner may only give a direction concerning the assumption of a coroner’s jurisdiction before the coroner:(a) decides to dispense with the holding of an inquest or inquiry, or(b) commences an inquest or inquiry in exercise of that jurisdiction.(3) The State Coroner is not to give a direction to a coroner who is a Magistrate to assume jurisdiction without the Chief Magistrate’s consent.
51 Directions concerning investigations
(cf Coroners Act 1980, ss 17B and 17C)
(1) The State Coroner may give to a coroner directions concerning investigations to be carried out for the purposes of any coronial proceedings or proposed coronial proceedings.(2) A coroner may give a police officer directions concerning investigations to be carried out for the purposes of coronial proceedings or proposed coronial proceedings.(3) The Director-General of the Attorney General’s Department may enter into a memorandum of understanding with the Commissioner of Police in relation to the regulation of costs associated with the carrying out of investigations by police officers pursuant to directions under this section.(4) The memorandum of understanding may be amended, revoked or replaced from time to time.(5) The functions of giving directions under subsection (2) and carrying out investigations pursuant to such directions must, as far as practicable, be exercised in conformity with the memorandum of understanding. However, a failure to comply with this subsection does not itself invalidate anything done by a coroner or police officer.
52 Practice notes and approval of forms
(1) The State Coroner may:(a) issue practice notes for or with respect to the practice and procedure to be followed in coronial proceedings, and(b) approve forms for use in coronial proceedings.(2) The State Coroner may not issue a practice note under this section without the Chief Magistrate’s approval.(3) A practice note:(a) must be published in the Gazette, and(b) takes effect on the day on which it is published in the Gazette or, if a later day or days are specified in the practice note for that purpose, on the later day or days so specified.(4) A practice note issued under this section may be amended or repealed by a further practice note issued under this section.(5) Subject to subsection (6), sections 40 and 41 of the Interpretation Act 1987 apply to a practice note issued under this section in the same way as they apply to a statutory rule.(6) For the purpose of applying section 40 of the Interpretation Act 1987 to a practice note issued under this section, a reference in that section to the publication of a statutory rule is to be read as a reference to the publication of the practice note as provided by subsection (3).
53 Power to obtain documents and things for purposes of coronial investigation
(cf Coroners Act 1980, s 14F)
(1) For the purpose of assisting a coroner in the investigation of a death, suspected death, fire or explosion, the coroner may, by notice in writing served on a person, direct the person to produce a document or other thing to the coroner or another person specified in the notice at a time and place specified in the notice.(2) The power to give such a direction includes (without limitation):(a) the power to direct that a document be produced relating to the medical care or treatment of a person, and(b) the power to direct a person to provide any tissue in the person’s possession or under the person’s control that was taken from a deceased person before his or her death.(3) The coroner is to withdraw a direction under this section if it appears to the coroner that:(a) any person would be entitled on grounds of privilege to refuse to produce the document or other thing in a court of law, and(b) the person does not consent to compliance with the direction.(4) A natural person is excused from producing a document or other thing under this section on the ground that it may tend to incriminate the person, unless the document relates to the medical care or treatment of a person, in which case the person is not excused from producing it.(5) A person must not, without reasonable excuse, fail to comply with a notice served on the person under this section.Maximum penalty (subsection (5)): 10 penalty units.
(6) If a direction under this section requires the production of a document, the production of a copy of the document is taken to be sufficient compliance with the direction unless the direction expressly requires the production of the original document.(7) Nothing in this section limits any other power that a coroner may have under this Act to obtain evidence.
Part 6.2 Holding inquests and inquiries
54 Time and place of inquest or inquiry
(cf Coroners Act 1980, s 17)
(1) If an inquest or inquiry is to be held under this Act by a coroner, the coroner:(a) must fix a time and place for the commencement of the inquest or inquiry, and(b) must give particulars of the time and place to any person who has given notice in writing to the coroner of his or her intention to seek leave to appear or to be represented at the inquest or inquiry, and(c) in the case of an inquest concerning the death or suspected death of a person—must give particulars of the time and place to the person’s next of kin if the coroner has been informed of the name and address of the next of kin, and(d) may give particulars of the time and place to any person who has, in the opinion of the coroner, a sufficient interest in the subject-matter of the inquest or inquiry.(2) Without limiting subsection (1) (b), (c) or (d), the particulars that are to be given under any of those paragraphs are taken to be given if a notice specifying the particulars is sent by post to the person to whom the particulars are to be given.
55 Coroner may view deceased person’s remains or scene of fire or explosion
(cf Coroners Act 1980, s 29)
(1) A coroner may (but need not) view the remains of a deceased person, or the scene of a fire or explosion, with which coronial proceedings are concerned if the coroner considers it advisable to do so.(2) If an inquest or inquiry is being held before a jury, the coroner may (but need not) allow the jury to view the remains of the deceased person, or the scene of the fire or explosion, with which the inquest or inquiry is concerned.
56 Coroner’s right to possession of deceased person’s remains
(cf Coroners Act 1980, s 24)
(1) A coroner has a right to take possession of and retain the remains of a deceased person whenever the coroner has jurisdiction to hold or is holding an inquest concerning the death or suspected death of the person.(2) This right of the coroner has priority over any other right to possession of the remains of a person but otherwise does not affect any other such right.(3) This section does not prevent the making of an order by a coroner under section 101 or the disposal of the remains of a deceased person in accordance with such an order.(4) This section does not limit any rights that the coroner has apart from this Act.
Part 6.3 Representation and evidentiary matters
57 Representation in coronial proceedings
(cf Coroners Act 1980, s 32 (1) and (2))
(1) The coroner in coronial proceedings may grant leave to any person, who in the opinion of the coroner has a sufficient interest in the subject-matter of the proceedings, to appear in person in the proceedings or to be represented by an Australian legal practitioner.(2) Any person granted such leave may examine and cross-examine any witnesses on matters relevant to the proceedings.(3) A coroner holding an inquest concerning the death or suspected death of a person must grant leave under subsection (1) to any person who is a relative of the deceased person (or suspected deceased person) unless the coroner is satisfied that there are exceptional circumstances that justify the coroner refusing leave.(4) If an inquest or inquiry is held before a jury:(a) a person appearing, and an Australian legal practitioner representing a person, at the inquest or inquiry is entitled to make an opening and a closing address to the jury, and(b) the person assisting the coroner may make an opening and a closing address to the jury and in addition has a right of reply in respect of any closing address made pursuant to paragraph (a).
58 Rules of procedure and evidence
(cf Coroners Act 1980, s 33)
(1) A coroner in coronial proceedings is not bound to observe the rules of procedure and evidence that are applicable to proceedings before a court of law.(2) Except as otherwise provided by this Act, a witness in coronial proceedings who is a natural person cannot be compelled to answer any question or produce any document that might tend:(a) to incriminate the witness for an offence against or arising under an Australian law or a law of a foreign country, or(b) to make the witness liable to a civil penalty.
59 Witnesses may be required to give evidence on oath or affirmation
(cf Coroners Act 1980, s 31)
(1) The coroner in coronial proceedings may examine on oath or affirmation all persons who:(a) tender evidence relevant to the proceedings, or(b) are able, in the opinion of the coroner, to give evidence relevant to the proceedings.(2) For the purposes of subsection (1), the coroner:(a) may require a person who appears in the proceedings to give evidence to take an oath or to make an affirmation in a form approved by the coroner, and(b) may administer an oath to, or take an affirmation from, a person appearing in the proceedings.
60 Persons granted leave may apply for witness to be examined
(cf Coroners Act 1980, s 31A)
(1) A person granted leave to appear or be represented in coronial proceedings may apply to the coroner to have a particular person examined in the proceedings. Such an application can be made before or during the hearing of the proceedings.(2) A coroner who refuses such an application must give the applicant the reasons for refusing the application.(3) The coroner is required to deal with such an application as soon as reasonably practicable after it is made and in any case before the proceedings are concluded.
61 Privilege in respect of self-incrimination
(cf Coroners Act 1980, s 33AA)
(1) This section applies if a witness in coronial proceedings objects to giving particular evidence, or evidence on a particular matter, on the ground that the evidence may tend to prove that the witness:(a) has committed an offence against or arising under an Australian law or a law of a foreign country, or(b) is liable to a civil penalty.(2) The coroner in the coronial proceedings must determine whether or not there are reasonable grounds for the objection.(3) If the coroner determines that there are reasonable grounds for the objection, the coroner is to inform the witness:(a) that the witness need not give the evidence unless required by the coroner to do so under subsection (4), and(b) that the coroner will give a certificate under this section if:(i) the witness willingly gives the evidence without being required to do so under subsection (4), or(ii) the witness gives the evidence after being required to do so under subsection (4), and(c) of the effect of such a certificate.(4) The coroner may require the witness to give the evidence if the coroner is satisfied that:(a) the evidence does not tend to prove that the witness has committed an offence against or arising under, or is liable to a civil penalty under, a law of a foreign country, and(b) the interests of justice require that the witness give the evidence.(5) If the witness either willingly gives the evidence without being required to do so under subsection (4), or gives it after being required to do so under that subsection, the coroner must cause the witness to be given a certificate under this section in respect of the evidence.(6) The coroner is also to cause a witness to be given a certificate under this section if:(a) the objection has been overruled, and(b) after the evidence has been given, the coroner finds that there were reasonable grounds for the objection.(7) In any proceeding in a NSW court within the meaning of the Evidence Act 1995 or before any person or body authorised by a law of the State, or by consent of parties, to hear, receive and examine evidence:(a) evidence given by a person in respect of which a certificate under this section has been given, and(b) evidence of any information, document or thing obtained as a direct or indirect consequence of the person having given evidence,cannot be used against the person. However, this does not apply to a criminal proceeding in respect of the falsity of the evidence.(8) Subsection (7) has effect despite any challenge, review, quashing or calling into question on any ground of the decision to give, or the validity of, the certificate concerned.(9) A reference in this section to doing an act includes a reference to failing to act.(10) A certificate under this section can only be given in respect of evidence that is required to be given by a natural person.
62 Refusal of witness to be examined
(cf Coroners Act 1980, ss 42 and 54 (1))
A person who appears (whether or not on subpoena or warrant) to give evidence or to produce any document or thing in coronial proceedings must not, without lawful excuse:(a) refuse to take the oath or affirmation, or(b) refuse to be examined on oath or affirmation, or(c) having taken the oath or made an affirmation, refuse to answer any question relevant to the subject-matter of the proceedings, or(d) refuse or fail to produce the document or thing.Maximum penalty: 10 penalty units.
(cf Coroners Act 1980, s 34A)
Parts 3 and 4 of Chapter 6 of the Criminal Procedure Act 1986 apply to and in respect of any coronial proceedings in the same way as they apply to and in respect of proceedings before a court, and any function exercisable by an authorised person under those Parts may, for the purposes of coronial proceedings, be exercised by a coroner.
64 Fresh inquest or inquiry—admission of previous depositions
(cf Coroners Act 1980, s 33A)
(1) A coroner holding a fresh inquest or inquiry may admit in evidence the depositions taken at any previous inquest or inquiry.(2) Subsection (1) is subject to the terms of an order made by a court for the holding of the fresh inquest or inquiry.Note. Section 83 provides for the circumstances in which a fresh inquest or inquiry concerning a matter may be held by a coroner following the termination or conclusion of a previous inquest or inquiry concerning the matter. Also, section 85 enables the Supreme Court to order that a fresh inquest or inquiry be held in certain circumstances.
(cf Coroners Act 1980, s 34)
(1) The coroner in coronial proceedings is to ensure that the evidence of every witness in the proceedings is recorded.(2) Subject to this section, a coroner or assistant coroner is to supply a person with a copy of a coroner’s file (or a part of that file) at the request of the person if:(a) the coroner or assistant coroner is satisfied that it is appropriate for the person to be granted access to the file (or a part of the file), and(b) the person pays the fee that is payable in the Local Court for the provision of a copy of a document (other than a copy of a judgment or order or the reasons for a judgment or order) or such other fee as may be prescribed by (or calculated in accordance with) the regulations.(3) In determining whether it is appropriate to grant a person access to a coroner’s file (or a part of the file), the coroner or assistant coroner making the determination is to have regard to the following matters:(a) the principle that coronial proceedings should generally be open to the public,(b) if the coroner’s file relates to a deceased person—the impact on the relatives of the deceased person of allowing access,(c) the connection that the person requesting access has to the proceedings concerned,(d) the reasons why access is being sought,(e) any other matter that the coroner or assistant coroner considers relevant.(4) A coroner who conducts coronial proceedings may, by notation on the coroner’s file on the matter, direct that a copy of the whole or a particular part of the file is not to be supplied under this section.(5) A direction by a coroner under subsection (4) must include a statement of the coroner’s reasons for the direction.(6) A copy of a coroner’s file (or of any part of the file) is not to be supplied under this section in contravention of:(a) a direction by a coroner under subsection (4), or(b) an order made under section 74.(7) In this section:coroner’s file means the documents (including the depositions of witnesses, transcripts and written findings) that form part of the file kept by a coroner in respect of a death, suspected death, fire or explosion.
66 Subpoena for appearance or warrant for arrest of witness
(cf Coroners Act 1980, s 35)
(1) If it appears to a coroner that any person is likely to be able to give material evidence in coronial proceedings, or is likely to have in his or her possession or power any document or thing required for the purposes of evidence in the proceedings, the coroner may issue any of the following subpoenas:(a) a subpoena for the appearance of the person to be examined as a witness,(b) a subpoena for the person to produce the document or thing,(c) a subpoena both for the appearance of that person to be examined as a witness and to produce the document or thing.(2) However, if the coroner is satisfied by evidence on oath or affirmation that it is probable that the person will not comply with a subpoena unless compelled to do so, the coroner may issue a warrant in the first instance for the arrest of that person.(3) A coroner may exercise a function under this section in respect of coronial proceedings being conducted by another coroner, but only with the consent of that other coroner.(4) A person is not bound to produce any document or thing:(a) not specified or otherwise sufficiently described in a subpoena or arrest warrant issued under this section in respect of the person, or(b) that the person would not be bound to produce on a subpoena for production in the Supreme Court.(5) An assistant coroner may, at the direction of a coroner given in a particular case, exercise the power of the coroner to issue a subpoena or arrest warrant under this section.
(cf Coroners Act 1980, s 36)
A subpoena issued under this Part must:(a) be signed by the coroner or assistant coroner issuing it, and(b) be directed to the person whose appearance is required or who is required to produce a document or thing, and(c) require that person to appear at a certain time and place before the coroner conducting the coronial proceedings concerned to testify what the person knows concerning the subject-matter of the proceedings or to produce any document or thing specified or described in the subpoena.
68 Manner of service of subpoena
(cf Coroners Act 1980, s 37)
(1) A subpoena issued under this Part must be served by:(a) a police officer, or(b) where the coroner or assistant coroner issuing the subpoena so directs—the Sheriff, or a sheriff’s officer, within the meaning of the Sheriff Act 2005.(2) Service of a subpoena may be effected:(a) by handing it to the person to whom it is directed, or(b) if the person is an inmate of a correctional centre (within the meaning of the Crimes (Administration of Sentences) Act 1999):(i) by handing it to the officer in charge of the correctional centre, or(ii) by sending it by post or facsimile or other electronic transmission to the officer in charge at the correctional centre, or(c) if the person is a police officer or a public officer:(i) by sending it by post or facsimile to the person’s business address, or(ii) by sending it by electronic communication to the person’s business email address, or(d) if the person is not a police officer, public officer or inmate:(i) by sending it by post or facsimile to the person’s residential address, or(ii) by sending it by electronic communication to the person’s email address, or(e) if the person is represented by a legal practitioner—by leaving it, with the consent of the relevant legal practitioner for the person, at the relevant legal practitioner’s address for service or by sending it to that address by post or facsimile or by sending it to the legal practitioner’s email address for service by electronic communication.(3) If, on tender of a subpoena, the person refuses to accept it, it may be served by putting it down in the person’s presence after the person has been told of the nature of the subpoena.(4) Service of a subpoena in the manner specified in subsection (2) or (3) may be proved by the oath or affirmation of the person who served it attending the coronial proceedings concerned, by his or her affidavit or otherwise.(5) In this section:public officer means any of the following persons, but only when acting in an official capacity:
(a) an employee in the Public Service or the NSW Police Force,(b) an officer or employee of a statutory body representing the Crown,(c) an employee of a council within the meaning of the Local Government Act 1993,(d) an officer or employee of a livestock health and pest authority within the meaning of the Rural Lands Protection Act 1998,(e) the Director of Public Prosecutions, Deputy Director of Public Prosecutions or Solicitor for Public Prosecutions,(f) an officer or employee of a body declared by the regulations to be a public body for the purposes of this definition.relevant legal practitioner for a person means:
(a) if the person is represented only by a solicitor—the solicitor, or(b) if the person is represented only by a barrister under a direct access arrangement—the barrister, or(c) if the person is represented by both a solicitor and a barrister—the solicitor.
69 Arrest warrants for non-appearance in response to subpoena
(cf Coroners Act 1980, s 39)
If a person who has been issued with a subpoena to appear in coronial proceedings does not appear at the time and place specified in the subpoena, the coroner before whom the person was required to appear may, on proof of the due service of the subpoena on the person and if no just excuse is offered for the person’s non-appearance, issue a warrant for the arrest of the person.
(cf Coroners Act 1980, s 41 (1)–(3))
(1) An arrest warrant issued by a coroner or assistant coroner under this Part must:(a) be signed by the coroner or assistant coroner, and(b) be directed to:(i) a named police officer, or(ii) a person authorised by law to execute a warrant to arrest, or(iii) the senior police officer of the area where the warrant is to be executed, or(iv) the senior police officer and all other police officers, or(v) generally all police officers, and(c) name or otherwise describe the person to be arrested, and(d) order that the person be arrested and brought before a coroner to testify what the person knows concerning the subject-matter of the coronial proceedings or to produce the document or writing specified or described in the warrant.(2) An arrest warrant is to be returnable at a time and place to be stated in the warrant.(3) An arrest warrant may be executed by arresting the person against whom it is directed at any place in the State.
71 Arrest of witness under arrest warrant
(cf Coroners Act 1980, ss 40 and 41 (3))
(1) A person arrested under an arrest warrant issued under this Part is to be brought before a coroner or authorised justice as soon as practicable after the person’s arrest.(2) Subject to subsection (3), a person arrested under an arrest warrant may be dealt with in the same way as a witness arrested under a warrant issued under section 231 of the Criminal Procedure Act 1986.(3) A coroner or authorised justice before whom a person is brought after having been arrested under an arrest warrant issued under this Part:(a) must, subject to the Bail Act 1978, order that a warrant be issued for the committal of the person to a correctional centre or other place of security, and(b) must order the person to be brought before a coroner at such time and place as is specified in the order.(4) The Bail Act 1978 applies to the person (not being an accused person within the meaning of that Act) in the same way as it applies to an accused person within the meaning of that Act to whom section 9 of that Act applies and, for that purpose, bail may be granted to such a person under that Act with respect to the period between:(a) the person’s being brought before a coroner under a warrant for the purpose of being examined as a witness or producing a document or thing, and(b) the person’s being examined as a witness or producing the document or thing.(5) In this section:authorised justice has the same meaning as in the Bail Act 1978.
(cf Coroners Act 1980, s 38)
No objection may be taken or allowed to any subpoena or arrest warrant in respect of any alleged defect in the subpoena or warrant in substance or in form.
Part 6.4 Disclosure of information
(cf Coroners Act 1980, s 46)
For the purposes of this Part, matter is published only if it is:(a) inserted in any newspaper or any other periodical publication, or(b) publicly exhibited, or(c) broadcast by radio or by television, or(d) published by means of the Internet.
74 Powers of coroner to clear court and prevent publication of evidence or submissions
(cf Coroners Act 1980, ss 44 (1), (5) and (6) and 45 (1) and (4))
(1) A coroner in coronial proceedings may, if of the opinion that it would be in the public interest to do so, order:(a) any or all persons (including witnesses in the proceedings) to go and remain outside the room or building in which the proceedings are being heard, or(b) that any evidence given in the proceedings not be published, or(c) that any submissions made in the proceedings concerning whether a known person may have committed an indictable offence not be published.(2) For the purposes of subsection (1), the coroner may, in forming an opinion as to the public interest, have regard (without limitation) to the following matters:(a) the principle that coronial proceedings should generally be open to the public,(b) in the case of an order that is proposed to be made in relation to a witness in the proceedings—the likelihood that the evidence of the witness might be influenced by other evidence given in the proceedings if the witness is present when that other evidence is given,(c) national security,(d) the personal security of the public or any person.(3) A person must not contravene an order made under this section.Maximum penalty: 10 penalty units or imprisonment for 6 months (in the case of an individual) or 50 penalty units (in any other case).
75 Powers of coroner in relation to reports or proceedings concerning self-inflicted deaths
(cf Coroners Act 1980, ss 44 (2)–(4) and 45 (1), (2) and (4))
(1) A coroner may make an order under this section (a non-publication order) if it appears to the coroner (whether by reason of information reported or received under Chapter 4 or during the course of coronial proceedings) that a death or suspected death is self-inflicted.(2) A non-publication order may prohibit or restrict any or all of the following:(a) the publication of any report (or any further report) of the proceedings (or any specified part of the proceedings) until after the coroner has made his or her findings or, in the case of an inquest held before a jury, the jury has brought in its verdict,(b) the publication of any matter (including the publication of any photograph or other pictorial representation) that identifies any particular person:(i) as being a person whose death or suspected death may have been self-inflicted, or(ii) as being a relative of a person whose death or suspected death may have been self-inflicted.(3) For the purposes of subsection (2) (b), the following persons are relatives of a person whose death or suspected death may have been self-inflicted:(a) the spouse of that person, a parent of that person, a person who stands in loco parentis to that person, a guardian of that person or a child of that person,(b) a person who, at the time of the death or suspected death, was living with that person as her husband or his wife,(c) a brother or sister of that person.(4) To the extent to which a non-publication order prohibits the publication of any matter referred to in subsection (2) (b), the order continues to have effect after the coroner has made his or her findings, or after the jury (if any) has brought in its verdict, but only if the order expressly so provides.(5) If a finding is made in an inquest to the effect that the death of a person was self-inflicted, a report of the proceedings (or any part of the proceedings) must not be published after the finding unless (and to the extent that) the coroner holding the inquest makes an order permitting the publication of the report.(6) A coroner may make an order under subsection (5) only if the coroner is of the opinion that it is desirable in the public interest to permit a report of the proceedings (or part of the proceedings) of the inquest to be published.(7) A person must not contravene (or cause the contravention of):(a) a non-publication order, or(b) the provisions of subsection (5).Maximum penalty: 10 penalty units or imprisonment for 6 months (in the case of an individual) or 50 penalty units (in any other case).
76 Publication of certain questions, warnings, objections, submissions and comments
(cf Coroners Act 1980, s 45 (3) and (4))
A person must not publish any of the following matters without the express permission of the coroner in the coronial proceedings concerned:(a) any question asked of a witness that the coroner has forbidden or disallowed,(b) any warning that a coroner has given to a witness that he or she is not compelled to answer a question,(c) any objection made by a witness to giving evidence on the ground that the evidence may tend to prove that the witness has committed an offence,(d) any submissions made by or on behalf of a person appearing or being represented in the proceedings or by a person assisting the coroner, or any comment made by the coroner, concerning whether an inquest or inquiry should be suspended under section 78.Maximum penalty: 10 penalty units or imprisonment for 6 months (in the case of an individual) or 50 penalty units (in any other case).
77 Certain matters not prohibited or prevented
Nothing in this Part prohibits or prevents:(a) the publication of a judgment of a court that contains matter the publication of which would otherwise have been prohibited by this Part, or(b) the publication of matter in such other circumstances as may be prescribed by the regulations.
Part 6.5 Resolution of coronial proceedings
78 Procedure at inquest or inquiry involving indictable offence
(cf Coroners Act 1980, s 19)
(1) This section applies in relation to any of the following inquests or inquiries:(a) an inquest or inquiry held by a coroner to whom it appears (whether before the commencement or during the course of the inquest or inquiry) that:(i) a person has been charged with an indictable offence, and(ii) the indictable offence raises the issue of whether the person caused the death, suspected death, fire or explosion with which the inquest or inquiry is concerned,(b) an inquest or inquiry if, at any time during the course of the inquest or inquiry, the coroner forms the opinion (having regard to all of the evidence given up to that time) that:(i) the evidence is capable of satisfying a jury beyond reasonable doubt that a known person has committed an indictable offence, and(ii) there is a reasonable prospect that a jury would convict the known person of the indictable offence, and(iii) the indictable offence would raise the issue of whether the known person caused the death, suspected death, fire or explosion with which the inquest or inquiry is concerned.(2) If this section applies to an inquest or inquiry as provided by subsection (1) (a), the coroner:(a) may commence the inquest or inquiry, or continue it if it has commenced, but only for the purpose of taking evidence to establish:(i) in the case of an inquest—the death, the identity of the deceased person and the date and place of death, or(ii) in the case of an inquiry—the date and place of the fire or explosion, and(b) after taking that evidence (or if that evidence has been taken), must suspend the inquest or inquiry and, if there is a jury, must discharge the jury.(3) If this section applies to an inquest or inquiry as provided by subsection (1) (b), the coroner may:(a) continue the inquest or inquiry and record under section 81 (1) or (2) the coroner’s findings or, if there is a jury, the verdict of the jury, or(b) suspend the inquest or inquiry and, if there is a jury, discharge the jury.(4) The coroner is required to forward to the Director of Public Prosecutions:(a) the depositions taken at an inquest or inquiry to which this section applies, and(b) in the case of an inquest or inquiry referred to in subsection (1) (b)—a written statement signed by the coroner that specifies the name of the known person and the particulars of the indictable offence concerned.
79 Procedure following suspension of inquest or inquiry
(cf Coroners Act 1980, s 20)
(1) Subject to subsections (2A), (3), (5) and (5A), a coroner who has suspended, or not commenced, an inquest or inquiry under section 78 may make an order:(a) that the inquest or inquiry is to resume or commence (as the case may be), or(b) to dispense with the resumption or holding of the inquest or inquiry.(2) An order under subsection (1) may be made on a coroner’s own motion or on the application of a person who has been granted leave to appear or to be represented at the inquest or inquiry.(2A) An order under subsection (1) that an inquest or inquiry be resumed may not be made unless the coroner has given the State Coroner written notice of:(a) the coroner’s intention to make the order, and(b) the day on which it is proposed to make the order (being a day that is no earlier than 14 days after the notice is given).(3) If a person has been charged with an indictable offence in which the question of whether the person caused a death, suspected death, fire or explosion is in issue, an inquest or inquiry that has been suspended, or that has not commenced, under section 78 may not be resumed or commenced (as the case may be) until the charge is finally determined.(4) For the purposes of subsection (3), a charge is taken to be finally determined if:(a) the person has been discharged from proceedings with respect to the offence to which the charge relates, or(b) no further appeal can be made in proceedings in respect of the charge without an extension of time being granted, or(c) the Attorney General or the Director of Public Prosecutions directs that no further proceedings be taken against the person in respect of the charge.(5) If the coroner has suspended an inquest or inquiry after forming the opinion referred to in section 78 (1) (b) (and a person has not been charged as referred to in subsection (3) in relation to an indictable offence), the suspended inquest or inquiry may not be resumed until the Attorney General or the Director of Public Prosecutions advises that no proceedings will be taken against the known person (as referred to in section 78 (1) (b)) in relation to the indictable offence.(5A) If the State Coroner considers that it is inappropriate for a suspended inquest or inquiry to be resumed, the State Coroner may, after consulting the coroner who suspended it, direct that the inquest or inquiry not be resumed.(5B) The State Coroner is not to give a direction under subsection (5A) to a coroner who is a Magistrate without the Chief Magistrate’s consent.(6) If the coroner who suspended, or did not commence, an inquest or inquiry under section 78 is not available to resume, commence or dispense with the inquest or inquiry for any reason, the State Coroner or a coroner authorised by the State Coroner, may resume, commence or dispense with the inquest or inquiry in accordance with this section.
80 Procedure at inquest if finding that person did not die
(cf Coroners Act 1980, s 21)
(1) If, at any time during the course of an inquest concerning the death or suspected death of a person, it appears to the coroner from the evidence that the person has not died:(a) where there is no jury—the coroner must make a finding that the person has not died and terminate the inquest, or(b) where there is a jury—the coroner may request the jury to bring in a preliminary verdict as to whether or not the person has died.(2) The following provisions apply when a preliminary verdict is brought in by a jury following a request by the coroner referred to in subsection (1) (b):(a) if the verdict of the jury is that the person has not died—the coroner must terminate the inquest and discharge the jury,(b) if the verdict of the jury is that the person has died or that it is uncertain whether the person has died—the inquest is to be resumed.(3) If a coroner terminates an inquest under this section, the coroner must record in writing the coroner’s findings or, if there is a jury, the jury’s verdict.
81 Findings of coroner or jury verdict to be recorded
(cf Coroners Act 1980, s 22)
(1) The coroner holding an inquest concerning the death or suspected death of a person must, at its conclusion or on its suspension, record in writing the coroner’s findings or, if there is a jury, the jury’s verdict, as to whether the person died and, if so:(a) the person’s identity, and(b) the date and place of the person’s death, and(c) in the case of an inquest that is being concluded—the manner and cause of the person’s death.(2) The coroner holding an inquiry concerning a fire or explosion must, at its conclusion or on its suspension, record in writing the coroner’s findings or, if there is a jury, the jury’s verdict:(a) as to the date and place of the fire or explosion, and(b) in the case of an inquiry that is being concluded—as to the circumstances of the fire or explosion.(3) Any record made under subsection (1) or (2) must not indicate or in any way suggest that an offence has been committed by any person.
82 Coroner or jury may make recommendations
(cf Coroners Act 1980, s 22A)
(1) A coroner (whether or not there is a jury) or a jury may make such recommendations as the coroner or jury considers necessary or desirable to make in relation to any matter connected with the death, suspected death, fire or explosion with which an inquest or inquiry is concerned.(2) Without limiting subsection (1), the following are matters that can be the subject of a recommendation:(a) public health and safety,(b) that a matter be investigated or reviewed by a specified person or body.(3) The record made under section 81 is to include any recommendations made by the coroner or jury. The record must not indicate or in any way suggest that an offence has been committed by any person.(4) The coroner is to ensure that a copy of a record that includes recommendations made under this section is provided, as soon as is reasonably practicable, to:(a) the State Coroner (unless the coroner is the State Coroner), and(b) any person or body to which a recommendation included in the record is directed, and(c) the Minister, and(d) any other Minister (if any) that administers legislation, or who is responsible for the person or body, to which a recommendation in the record relates.
83 When fresh inquests and inquiries may be conducted
(cf Coroners Act 1980, ss 23 and 23A)
(1) This section provides for the circumstances in which:(a) a new inquest (a fresh inquest) concerning the death or suspected death of a person may be held even though the death or suspected death was previously the subject of another inquest (a previous inquest), and(b) a new inquiry (a fresh inquiry) concerning a fire or explosion may be held even though the fire or explosion was previously the subject of another inquiry (a previous inquiry).(2) A fresh inquest may be held if:(a) a previous inquest was terminated before its conclusion because it appeared to the coroner that the person did not die, or(b) a previous inquest was concluded and the coroner’s finding, or the jury’s recorded verdict, was that the person did not die or that it is uncertain whether the person had died.(3) If the remains of a person are found in the State, a fresh inquest may be held concerning the death of the person even though a previous inquest was held concerning the suspected death of the person.(4) A fresh inquest or inquiry must be held if:(a) an application for a fresh inquest or inquiry is made under this section, and(b) on the basis of the application, the State 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 a fresh inquest or inquiry.(5) An application for a fresh inquest or inquiry may only be made by a police officer or by a person who was granted leave to appear or be represented at a previous inquest or inquiry.(6) If a successful application for a fresh inquest or inquiry is made under this section, the State Coroner can hold the fresh inquest or inquiry or can direct another coroner to hold it.(7) The findings on the fresh inquest or inquiry may be expressed to be in addition to or in substitution for the findings on any previous inquest or inquiry (even if the previous inquest or inquiry was a fresh inquest or inquiry).(8) This section does not limit or otherwise affect any other power of a coroner (including the State Coroner) to hold a fresh inquest or inquiry and does not limit or affect the provisions of this Act with respect to the termination or suspension of inquests.