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Coroners Regulation 2010

[2010-389]


NSW Crest

Status Information

Currency of version
Current version for 30 July 2010 to date (accessed 22 May 2013 at 17:49).
Legislation on this site is usually updated within 3 working days after a change to the legislation.

Provisions in force
The provisions displayed in this version of the legislation have all commenced. See Historical notes

Staged repeal status
This legislation is currently due to be automatically repealed under the Subordinate Legislation Act 1989 on 1 September 2015

Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987.

File last modified 1 September 2010.

Contents

Explanatory Note

1 Name of Regulation
2 Commencement
3 Definition
4 Fees payable to medical practitioners and odontologists
5 Savings

Schedule 1 Fees payable to medical practitioners and odontologists

Historical notes

NSW Crest

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Coroners Act 2009.

JOHN HATZISTERGOS, MLC

Attorney General

Explanatory note

The object of this Regulation is to remake, with some amendments, the provisions of the Coroners Regulation 2005, which is repealed on 1 September 2010 by section 10 (2) of the Subordinate Legislation Act 1989.

This Regulation omits a provision prescribing excluded procedures and amends certain fees payable to medical practitioners or odontologists.

This Regulation also makes provision with respect to the following:

(a)  the fees payable to medical practitioners or odontologists conducting certain post mortem examinations,
(b)  savings and formal matters.

This Regulation is made under the Coroners Act 2009, including sections 93 (2) and 104 (the general regulation-making power).

This Regulation comprises or relates to matters set out in Schedule 3 to the Subordinate Legislation Act 1989, namely matters of a machinery nature and matters that are not likely to impose an appreciable burden, cost or disadvantage on any sector of the public.

1   Name of Regulation

This Regulation is the Coroners Regulation 2010.

2   Commencement

This Regulation commences on 1 September 2010.
Note. This Regulation replaces the Coroners Regulation 2005 which is repealed on 1 September 2010 by section 10 (2) of the Subordinate Legislation Act 1989.

3   Definition

(1)  In this Regulation:

the Act means the Coroners Act 2009.

(2)  Notes included in this Regulation do not form part of this Regulation.

4   Fees payable to medical practitioners and odontologists

(1)  For the purposes of section 93 of the Act, the fees payable to a medical practitioner or an odontologist who performs a service in accordance with a direction or request referred to in that section are as set out in Schedule 1.
(2)  In addition to any such specified amount, the fee is to include the amount of any GST that is payable in respect of the service concerned.
(3)  Subclause (2) does not permit the payment of an amount that is greater than whichever is the lesser of the following:
(a)  10% of the amount of the fee payable (apart from that item),
(b)  the amount permitted under the New Tax System Price Exploitation law.
(4)  In this clause:

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.

New Tax System Price Exploitation law means the New Tax System Price Exploitation Code, as applied as a law of New South Wales by the Price Exploitation Code (New South Wales) Act 1999.

5   Savings

Any act, matter or thing that, immediately before the repeal of the Coroners Regulation 2005, had effect under that Regulation continues to have effect under this Regulation.

Schedule 1 Fees payable to medical practitioners and odontologists

(Clause 4)

Service performed

Fee $

1

Carrying out, and preparing a report on, an internal or external examination of a dead person’s body by a medical practitioner

800.00

2

Carrying out, and preparing a report on a dental examination of a dead person by an odontologist

600.00

3

Travelling to and from, and attending and giving evidence at, a place at which an inquest is being held with respect to an examination referred to in item 1 or 2:

 
 

(a)  for the first 2 hours or part of 2 hours

177.90

 

(b)  for each subsequent half hour or part of a half hour

26.80

 

(c)  the maximum amount payable under paragraphs (a) and (b) for any one day

547.40

4

Using a private motor vehicle to travel to a place to carry out an examination referred to in item 1 or 2, or to give evidence at an inquest with respect to the examination, for each kilometre travelled to that place

0.97

Historical notes

The following abbreviations are used in the Historical notes:

Am

amended

LW

legislation website

Sch

Schedule

Cl

clause

No

number

Schs

Schedules

Cll

clauses

p

page

Sec

section

Div

Division

pp

pages

Secs

sections

Divs

Divisions

Reg

Regulation

Subdiv

Subdivision

GG

Government Gazette

Regs

Regulations

Subdivs

Subdivisions

Ins

inserted

Rep

repealed

Subst

substituted

Table of amending instruments

Coroners Regulation 2010 (389). LW 30.7.2010. Date of commencement, 1.9.2010, cl 2.

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