New South Wales: Coroners Act 2009 (NSW)

Coroners Act 2009 No 41 An Act to provide for the appointment and functions of coroners and assistant coroners; to repeal the Coroners Act 1980; and for other purposes. Chapter 1 Preliminary 1 Name of Act This Act is the Coroners Act 2009. 2 Commencement (1) This Act commences on a day or days to be appointed by proclamation, except as provided by subsections (2) and (3). (2) Schedule 3.4[1] commences— (a) if Schedule 1.3[4] to the Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009 commences on or before the date of assent to this Act—on the date of assent to this Act, or (b) if Schedule 1.3[4] to the Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009 commences after the date of assent to this Act—on the day on which Schedule 1.3[4] to that Act commences. (3) Schedule 3.4[2]–[4] commence— (a) if the Local Courts Act 1982 is repealed on or before the date of assent to this Act—on the date of assent to this Act, or (b) if the Local Courts Act 1982 is repealed after the date of assent to this Act—on the day on which the Local Courts Act 1982 is repealed. 3 Objects of Act The objects of this Act are as follows— (a) to provide for the appointment of coronial officers, (b) to provide that Magistrates are coroners by virtue of office, (c) to enable coroners to investigate certain kinds of deaths or suspected deaths in order to determine the identities of the deceased persons, the times and dates of their deaths and the manner and cause of their deaths, (d) to enable coroners to investigate fires and explosions that destroy or damage property within the State in order to determine the causes and origins of (and in some cases, the general circumstances concerning) such fires and explosions, (e) to enable coroners to make recommendations in relation to matters in connection with an inquest or inquiry (including recommendations concerning public health and safety and the investigation or review of matters by persons or bodies), (f) to provide for certain kinds of deaths or suspected deaths to be reported and to prevent death certificates being issued in relation to certain reportable deaths, (g) to prohibit the disposal of human remains without appropriate authority. 4 Definitions (cf Coroners Act 1980, s 4) (1) In this Act— adult means an individual who is aged 18 years old or older. Australian law has the same meaning as it has in the Evidence Act 1995. civil penalty has the same meaning as it has in the Evidence Act 1995. Coronial Medical Officer means a medical practitioner appointed under section 92. coronial proceedings—see section 46. Domestic Violence Death Review Team means the Domestic Violence Death Review Team constituted under Chapter 9A. exercise a function includes perform a duty. function includes a power, authority or duty. inquest means an inquest concerning the death or suspected death of a person. inquiry means an inquiry concerning a fire or explosion. place includes any land, building, mine, ship, vehicle or aircraft or any other vessel or vehicle. post mortem investigation direction—see section 89. post mortem investigation report—see section 89(7). practice note means a practice note issued under section 52. relative, in relation to a person who has or is suspected to have died—see section 5. remains of a deceased person means the body or the remains of the body (or any part of the body or remains of the body) of the person. reportable death—see section 6. senior coroner—see section 22(1). senior next of kin—see section 6A. spouse means— (a) the person to whom a person is legally married (including the husband or wife of a person), or (b) a de facto partner, but where more than one person would so qualify as a spouse, means only the last person so to qualify. Note— "De facto partner" is defined in section 21C of the Interpretation Act 1987. stillbirth and stillborn child have the same meanings as in the Births, Deaths and Marriages Registration Act 1995. the State means the State of New South Wales. tissue includes an organ, or part, of a human body and a substance extracted from, or from a part of, a human body (including bodily fluid). whole organ of a deceased person means the whole or a substantial part of a visibly recognisable structural unit of the person's body. Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) Notes included in this Act do not form part of this Act. Note— For the purposes of comparison, a number of provisions of this Act contain bracketed notes in headings drawing attention ("cf") to equivalent or comparable (though not necessarily identical) provisions of the Coroners Act 1980 as in force immediately before its repeal by this Act. 5 Meaning of "relative" (cf Coroners Act 1980, s 4(1) and (5)) (1) For the purposes of this Act, a relative, in relation to a person who has or is suspected to have died, is an adult who is— (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, or (b) if there is no relative, as defined in paragraph (a), of that person—a brother or sister of that person. (2) A reference in subsection (1)(a) to the child of a person includes, if the person was in a de facto relationship, or a domestic relationship within the meaning of the Property (Relationships) Act 1984, a reference to the following— (a) a child born as a result of sexual relations between the parties to the relationship, (b) a child adopted by both parties, (c) in the case of a de facto relationship between a man and a woman, a child of the woman of whom the man is the father or of whom the man is presumed, by virtue of the Status of Children Act 1996, to be the father (except where the presumption is rebutted), (d) in the case of a de facto relationship between 2 women, a child of whom both of those women are presumed to be parents by virtue of the Status of Children Act 1996, (e) a child for whose long-term welfare both parties have parental responsibility (within the meaning of the Children and Young Persons (Care and Protection) Act 1998). Note— "De facto relationship" is defined in section 21C of the Interpretation Act 1987. (3) A reference in subsection (1)(a) to a parent includes a reference to a party to a relationship referred to in subsection (2) of which the deceased, or suspected deceased, was by virtue of subsection (2) a child. 6 Meaning of "reportable death" (cf Coroners Act 1980, ss 12B(1)(a)–(g) and 13(1)(a)–(c), (e)–(h) and (2)) (1) For the purposes of this Act, a person's death is a reportable death if the death occurs in any of the following circumstances— (a) the person died a violent or unnatural death, (b) the person died a sudden death the cause of which is unknown, (c) the person died under suspicious or unusual circumstances, (d) (Repealed) (e) the person died in circumstances where the person's death was not the reasonably expected outcome of a health-related procedure carried out in relation to the person, (f) the person died while in or temporarily absent from a declared mental health facility within the meaning of the Mental Health Act 2007 and while the person was a patient at the facility for the purpose of receiving care, treatment or assistance under the Mental Health Act 2007 or the Mental Health and Cognitive Impairment Forensic Provisions Act 2020. (2) (Repealed) (3) In this section— health-related procedure means a medical, surgical, dental or other health-related procedure (including the administration of an anaesthetic, sedative or other drug), but does not include any procedure of a kind prescribed by the regulations as being an excluded procedure. 6A Meaning of "senior next of kin" (1) For the purposes of this Act, the senior next of kin of a deceased person is— (a) the deceased person's spouse, or (b) if the deceased person did not have a spouse or a spouse is not available—any of the deceased person's children who are adults, or (c) if the deceased person did not have a spouse or child or a spouse or child is not available—either of the deceased person's parents, or (d) if the deceased person did not have a spouse, child or living parent or a spouse, child or parent is not available—any of the deceased person's brothers or sisters who are adults, or (e) if the deceased person did not have a spouse, child, living parent, brother or sister or a spouse, child, parent, brother or sister is not available— (i) any person who is named as an executor in the deceased person's will, or (ii) any person who was the deceased person's legal personal representative immediately before the deceased person's death. (2) A coroner may treat a person who was a deceased person's legal personal representative immediately before the deceased person's death as the deceased person's senior next of kin for the purposes of this Act if the coroner is satisfied that the person who is available to act as senior next of kin is unable to do so. Chapter 2 Coronial officers 7 State Coroner and Deputy State Coroners (cf Coroners Act 1980, s 4A(1)–(3), (5) and (7)) (1) The Governor may appoint any qualified person to be the State Coroner or a Deputy State Coroner. (2) A person is qualified to be appointed as the State Coroner or a Deputy State Coroner only if the person is a Magistrate. (3) An appointment is to be made by the commission of the person's appointment as a Magistrate or by a subsequent commission under the public seal of the State. (4) More than one person may hold the office of Deputy State Coroner at any one time. (5) The State Coroner or a Deputy State Coroner holds office for such period (not exceeding 5 years) as may be specified in the commission that appointed the State Coroner or Deputy State Coroner to the office, but is eligible (if otherwise qualified) for re-appointment. (6) The State Coroner has, while holding office as such, the same status as a Deputy Chief Magistrate. (7) The State Coroner and a Deputy State Coroner are coroners for the purposes of this Act. (8) Parts 1 and 3 of Schedule 1 contain general provisions dealing with the vacation of the office of State Coroner or a Deputy State Coroner, remuneration and the effect of an appointment to such offices on other offices held by the person appointed. 8 Acting State Coroner (cf Coroners Act 1980, s 4F(1A) and (2)) (1) The Minister may appoint a Deputy State Coroner to be Acting State Coroner during the absence from duty of the State Coroner. (2) The Minister may make any appointment for a particular absence or for any absence that occurs from time to time. (3) An Acting State Coroner has the functions of the State Coroner and, for the purposes of this or any other Act or law, is taken to be the State Coroner. (4) In this section, absence from duty includes a vacancy in the office of State Coroner. 9 Delegation by State Coroner (cf Coroners Act 1980, s 4E) (1) The State Coroner may delegate to a Deputy State Coroner or to another coroner the exercise of any of the State Coroner's functions under this Act, except as provided by subsection (2). Note— Section 49 of the Interpretation Act 1987 contains general provisions relating to the delegation of functions. (2) The State Coroner may not— (a) delegate the power of delegation conferred by subsection (1), or (b) delegate to a coroner who is not a Deputy State Coroner the exercise of any jurisdiction conferred or imposed on the State Coroner by Division 2 of Part 3.2. 10 Functions of State Coroner and Deputy State Coroners (cf Coroners Act 1980, ss 4D and 4F(1)) (1) The functions of the State Coroner are— (a) to oversee and co-ordinate coronial services in the State, and (b) to ensure that all deaths, suspected deaths, fires and explosions concerning which a coroner has jurisdiction to hold an inquest or inquiry are properly investigated, and (c) to ensure that an inquest or inquiry is held whenever it is required by this Act to be held or it is, in the State Coroner's opinion, desirable that it be held, and (d) to issue guidelines to coroners to assist them in the exercise or performance of their functions, and (e) to exercise such other functions as are conferred or imposed on the State Coroner by or under this or any other Act. (2) The State Coroner is, in the exercise of a function under this section, subject to the control and direction of the Chief Magistrate. (3) The functions of a Deputy State Coroner are— (a) to exercise any functions delegated to the Deputy State Coroner by the State Coroner, and (b) to exercise such other functions as are conferred or imposed on a Deputy State Coroner by or under this or any other Act. (4) The State Coroner and each Deputy State Coroner is to support and assist the Domestic Violence Death Review Team in the exercise of its functions under Chapter 9A. Note— The State Coroner or a Deputy State Coroner may be appointed as Convenor of the Team under section 101E. 11 Information to be given to State Coroner (cf Coroners Act 1980, s 4G(1)) The State Coroner may issue general directions to coroners requiring them to give to the State Coroner information they receive concerning deaths, suspected deaths, fires or explosions. 12 Coroners (cf Coroners Act 1980, ss 5 and 6) (1) The Governor may, by instrument in writing on the recommendation of the Minister, appoint any qualified person to be a coroner. (2) A person is qualified to be appointed as a coroner only if the person is an Australian lawyer. (3) An instrument of appointment may provide that the person appointed as a coroner is appointed for such period (if any) as may be specified in the instrument. (4) A person who is aged 72 years old or older may not be appointed as a coroner unless— (a) the Minister recommends to the Governor that the person's appointment is appropriate, and (b) the appointment is made for such term (not exceeding 3 years) as is specified in the person's instrument of appointment. (5) A coroner appointed as provided by subsection (4) is eligible for re-appointment from time to time as provided by that subsection. (6) The Governor may, for any cause that seems to the Governor sufficient, remove any coroner appointed under this section from office. (7) Parts 2 and 3 of Schedule 1 contain general provisions dealing with the vacation of the office of a coroner appointed under this section, remuneration and the effect of an appointment to such an office on other offices held by the person appointed. 13 Assistant coroners (cf Coroners Act 1980, s 5A(1) and (2)) (1) The Minister may, by instrument in writing, appoint a person employed in the Department of Communities and Justice to be an assistant coroner. (2) An instrument of appointment may provide that the person appointed as an assistant coroner is appointed for such period (if any) as may be specified in the instrument. (3) The Minister may, for any cause that seems to the Minister sufficient, remove any assistant coroner from office. (4) Parts 2 and 3 of Schedule 1 contain general provisions dealing with the vacation of the office of an assistant coroner, remuneration and the effect of an appointment to such an office on other offices held by the person appointed. 14 Appointed coroners have full coronial jurisdiction and functions (cf Coroners Act 1980, s 8) A coroner appointed under this Act— (a) has all the jurisdiction and functions conferred or imposed on coroners by or under this Act, but (b) does not have any of the jurisdiction or functions of the State Coroner or a Deputy State Coroner unless appointed to such an office under this Act. 15 Functions of assistant coroners (cf Coroners Act 1980, s 9) (1) An assistant coroner has the following functions— (a) the function of providing administrative assistance to a coroner under the control and direction of the coroner, (b) such of the following functions as may be delegated in writing to the assistant coroner by the State Coroner— (i) the function of issuing orders for the disposal of the remains of deceased persons, (ii) the function of issuing post mortem investigation directions, (iii) the function of dispensing with the holding of inquests if death results from natural causes, (iv) the function of dispensing with the holding of inquiries if a fire or explosion does not occur in suspicious circumstances, (v) the function of dispensing with the holding of inquiries if a fire involved only a motor vehicle, (c) such other functions as may be conferred or imposed on an assistant coroner by or under this or any other Act. Note— Section 49 of the Interpretation Act 1987 contains general provisions relating to the delegation of functions. (2) An assistant coroner cannot hold an inquest or inquiry and the function of holding an inquest or inquiry cannot be delegated to an assistant coroner by the State Coroner. (3) This section does not authorise an assistant coroner to exercise any function conferred or imposed on a coroner, except as specifically provided for by delegation under this section or by this or any other Act. 16 Magistrates have coronial functions by virtue of office (cf Coroners Act 1980, ss 6A(4) and 10) (1) A Magistrate who has not been appointed to any of the offices of State Coroner, Deputy State Coroner or coroner under this Act— (a) has, by virtue of his or her office as a Magistrate, all of the jurisdiction and functions that are conferred or imposed on coroners by or under this or any other Act, and (b) is taken to be a coroner, but does not have any of the jurisdiction or functions of the State Coroner or a Deputy State Coroner. (2) A Magistrate who is taken to be a coroner by reason of the operation of subsection (1) ceases to have the jurisdiction and functions of a coroner, and ceases to be taken to be a coroner, on ceasing to be a Magistrate. (3) Despite anything to the contrary in this Act, the Chief Magistrate may (but need not) comply with any direction given by the State Coroner under this Act in relation to the exercise by the Chief Magistrate of any function conferred or imposed on the Chief Magistrate by operation of subsection (1). Chapter 3 Coronial jurisdiction Part 3.1 General 17 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. 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)) (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 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. (2) In this section— police operation means any activity engaged in by a police officer while exercising the functions of police officer other than an activity for the purpose of a search and rescue operation. 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, specialist disability accommodation or an assisted boarding house, or (f) a person, other than a child in care, who— (i) is a person in the relevant group, and (ii) receives assistance of a kind prescribed by the regulations from a service provider 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— assisted boarding house has the same meaning as it has in the Boarding Houses Act 2012, and includes— (a) premises that would be an assisted boarding house within the meaning of that Act but for an exemption for the premises granted under section 40 of, or given by the regulations under, that Act, and (b) premises that were a residential centre for disabled persons (within the meaning of this section before it was amended by that Act) at the time of the death concerned. 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 Secretary of the Department of Family and 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 the Children's Guardian Act 2019, or (d1) who is in specialised substitute residential care within the meaning of the Children's Guardian Act 2019, 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. person in the relevant group—see section 24A. service provider has the same meaning as it has in the Community Services (Complaints, Reviews and Monitoring) Act 1993. specialist disability accommodation means premises— (a) enrolled under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020 of the Commonwealth, section 26, and (b) that is, or is a type of premises, prescribed by the regulations to be specialist disability accommodation, and (c) that is not, or is not a type of premises, prescribed by the regulations to not be specialist disability accommodation. 24A Meaning of "person in the relevant group" (1) For this Act, a person in the relevant group is a person who has a disability, whether or not of a chronic episodic nature, that— (a) is attributable to an intellectual, cognitive, neurological, psychiatric, sensory or physical impairment, or a combination of those impairments, and (b) is permanent or likely to be permanent, and (c) results in a significant reduction in the person's functional capacity in one or more areas of major life activity, including, for example, communication, social interaction, learning, mobility, decision-making, self-care and self-management, and (d) results in the need for support, whether or not of an ongoing nature. (2) To avoid doubt, each of the following persons, within the meaning of the Mental Health Act 2007, is a person in the relevant group if the person has a disability referred to in subsection (1)— (a) an involuntary patient or a forensic patient, (b) a person subject to a community treatment order, (c) a person under detention in a mental health facility. (3) A person in the relevant group includes a child under 6 years of age who has developmental delay within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth. (4) To avoid doubt, a person with a permanent disability is a person in the relevant group even if the severity of the person's impairment because of the disability may diminish over time or the person's condition may improve. (5) In this section— disability, in relation to a person, includes a long-term physical, psychiatric, intellectual or sensory impairment that, in interaction with various barriers, may hinder the person's full and effective participation in the community on an equal basis with others. support means assistance provided to a person with disability to do one or more of the following— (a) help the person undertake the person's day to day activities, (b) increase the person's independence, (c) facilitate the person's social and economic inclusion in the community. 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. Part 3.3 Inquiries concerning fires and explosions 30 Inquiries concerning fires and explosions (cf Coroners Act 1980, s 15(1)) (1) A coroner has jurisdiction to hold an inquiry concerning the cause and origin of a fire or explosion if the coroner is satisfied that the fire or explosion has destroyed or damaged any property within the State. (2) A coroner has jurisdiction to hold a general inquiry concerning a fire or explosion that has destroyed or damaged any property within the State, but only if the State Coroner gives a direction under this Part that such a general inquiry be held. (3) The jurisdiction of a coroner to hold a general inquiry concerning a fire or explosion extends to the examination of all of the circumstances concerning the fire or explosion (including, but not limited to, an examination of its cause and origin). 31 Coroner may dispense with inquiry unless inquiry required (cf Coroners Act 1980, ss 15(2) and 15A(1)) (1) A coroner who has jurisdiction to hold an inquiry concerning a fire or explosion may, unless an inquiry is required to be held under this Part, dispense with the inquiry if the coroner is of the opinion that— (a) the cause and origin of the fire or explosion are sufficiently disclosed, or (b) an inquiry into the cause and origin of the fire or explosion is unnecessary. (2) A coroner who dispenses with the holding of an inquiry must, if requested to do so by the State Coroner, give the State Coroner written reasons for doing so. (3) A coroner who has previously dispensed with the holding of an inquiry concerning a fire or explosion may subsequently hold an inquiry concerning the fire or explosion 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 inquiry. 32 When inquiry is required to be held (cf Coroners Act 1980, ss 15(3), 15A(2)–(5) and 15B) (1) Inquiries limited to investigating causes and origins A coroner is required to hold an inquiry concerning the cause and origin of a fire or explosion that has destroyed or damaged property within the State if— (a) the coroner has been requested to hold the inquiry by an authorised public official, or (b) the State Coroner gives a direction under this section that the coroner hold the inquiry. (2) The State Coroner may direct that a coroner hold an inquiry concerning the cause and origin of a fire or explosion that has destroyed or damaged property within the State if— (a) in the case where a coroner has dispensed with the holding of an inquiry—the State Coroner, after considering the coroner's reasons for dispensing with the inquiry and any other matters that the State Coroner considers relevant, is of the opinion that an inquiry should nonetheless be held, or (b) in any other case—the State Coroner is of the opinion that the inquiry should be held. (3) General inquiries A coroner is required to hold a general inquiry concerning a fire or explosion that has destroyed or damaged property within the State if the State Coroner gives a direction under this section for such a general inquiry to be held. (4) The State Coroner must direct that a coroner hold a general inquiry concerning a fire or explosion that has destroyed or damaged property within the State if— (a) an authorised public official has made a request to the State Coroner for a general inquiry to be held, or (b) the State Coroner is of the opinion that a general inquiry should be held. (5) General provisions relating to directions An inquiry is to be held in accordance with the direction. (6) The State Coroner is not to give such a direction to a coroner who is a Magistrate (other than a coroner who dispensed with the holding of the inquiry) without the Chief Magistrate's consent. (7) The State Coroner may hold the inquiry instead of directing another coroner to hold the inquiry. (8) Definition In this section— authorised public official, in relation to an inquiry concerning a fire or explosion, means any of the following persons— (a) if the fire or explosion occurred in a fire district within the meaning of the Fire and Rescue NSW Act 1989—the Commissioner of New South Wales Fire Brigades, (b) if the fire is a bush fire within the meaning of the Rural Fires Act 1997—the Commissioner of the NSW Rural Fire Service, (c) the Minister. Part 3.4 Other provisions concerning exercise of coronial jurisdiction 33 Coroners who are unavailable to exercise jurisdiction (cf Coroners Act 1980, s 16) (1) If a coroner is unavailable to hold an inquest or inquiry concerning a death, suspected death, fire or explosion of which the coroner has been informed, the coroner may, with the consent of another coroner (and subject to any direction given by the State Coroner under this section), refer the matter to the other coroner to be dealt with. (2) If the State Coroner is satisfied that a coroner is unavailable to hold an inquest or inquiry concerning a death, suspected death, fire or explosion of which the coroner has been informed, the State Coroner may direct that another coroner hold the inquest or inquiry. (3) The State Coroner is not to give such a direction to a coroner who is a Magistrate without the Chief Magistrate's consent. (4) For the purposes of this section, a coroner is unavailable to hold an inquest or inquiry concerning a matter if he or she is unable to act as a coroner in relation to the matter because of any of the following reasons— (a) illness, (b) absence from the place where the coroner ordinarily acts as coroner, (c) the coroner is unable or unwilling to deal with the matter for any other non-jurisdictional reason. (5) This section does not apply in relation to a coroner who, under this Act, dispenses with the holding of an inquest or inquiry. 34 Notice of particulars of death to be given to Registrar of Births, Deaths and Marriages (cf Coroners Act 1980, s 16A) (1) A coroner must, for the purpose of enabling registration of the death of a person to be effected or completed, give written notice to the Registrar of Births, Deaths and Marriages of such particulars as are known to the coroner relating to the death of the person if the coroner— (a) holds an inquest concerning the death, or (b) dispenses with the holding of an inquest concerning the death, or (c) suspends an inquest concerning the death. (2) If a coroner is satisfied (whether before or during an inquest concerning the death of a person) that there will be a delay in concluding the inquest and that the coroner 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 effected or completed, make that determination and give written notice of the determination to the Registrar of Births, Deaths and Marriages. (3) A notice under this section must not include any matter that incriminates any person. (4) For the purposes of this section, particulars relating to the death of a person are— (a) the identity of the deceased person, and (b) the date, place and cause of death of the deceased person. Chapter 4 Reporting of deaths 35 Obligation to report death or suspected death (cf Coroners Act 1980, s 12A(1)–(2A) and (3)) (1) This section applies to any person who has reasonable grounds to believe that a death or suspected death of another person— (a) is a reportable death or occurred in circumstances that would be examinable under Division 2 of Part 3.2, and (b) has not been reported in accordance with subsection (2). (2) A person to whom this section applies must report the death or suspected death concerned to a police officer, a coroner or an assistant coroner as soon as possible after becoming aware of the grounds referred to in subsection (1). Maximum penalty (subsection (2)): 10 penalty units. (3) A police officer to whom a death or suspected death is reported under this section is required to report the death or suspected death to a coroner or assistant coroner as soon as possible after the report is made. (4) An assistant coroner to whom a death or suspected death is reported under this section is required to report the death or suspected death to a coroner as soon as possible after the report is made. (5) A coroner to whom a death or suspected death is reported under this section is required to inform the State Coroner of the report as soon as practicable after the report is made. 36 State Coroner to inform Ombudsman and others about certain child and disability deaths (cf Coroners Act 1980, s 12A(3A) and (3B)) (1) The State Coroner is to provide the Ombudsman with all relevant material held by the State Coroner relating to— (a) any death or suspected death of a person in any of the circumstances referred to in section 24(1), or (b) any death of a person who is less than 18 years old in the circumstances referred to in section 23(1)(d). (1A) The State Coroner is to provide the Commissioner of the NDIS Quality and Safeguards Commission under the National Disability Insurance Scheme Act 2013 of the Commonwealth with all relevant material held by the State Coroner relating to any death or suspected death of a person in the circumstances referred to in section 24(1)(e) or (f). (2) The relevant material is to be provided as soon as practicable after— (a) a decision is made not to hold an inquest concerning the death or suspected death, or (b) if an inquest is held—the conclusion or suspension of the inquest. (3) The requirements of this section are in addition to any requirements of Part 6 of the Community Services (Complaints, Reviews and Monitoring) Act 1993. 37 State Coroner to report on deaths in custody (cf Coroners Act 1980, s 12A(4)–(8)) (1) The State Coroner is to make a written report to the Minister containing a summary of the details of the deaths or suspected deaths that— (a) the State Coroner has been informed about under section 35 or 38, and (b) appear to the State Coroner to involve the death or suspected death of a person in circumstances referred to in section 23. (2) A report under subsection (1) is to be made for the period of 12 months commencing on 1 January of each year. A report is to be made within 4 months after the end of the period to which it relates. (3) The Minister is to cause a copy of the report made to the Minister under subsection (1) to be tabled in each House of Parliament within 21 days after the report is made. (4) If a House of Parliament is not sitting when the Minister seeks to cause a copy of the report to be tabled before it, the Minister is to cause a copy of the report to be presented to the Clerk of that House of Parliament. (5) A copy of the report presented to the Clerk of a House of Parliament under this section— (a) is, on presentation and for all purposes, taken to have been laid before the House, and (b) may be printed by authority of the Clerk of the House, and (c) if so printed, is taken to be a document published by or under the authority of the House, and (d) is to be recorded— (i) in the case of the Legislative Council—in the Minutes of the Proceedings of the Legislative Council, and (ii) in the case of the Legislative Assembly—in the Votes and Proceedings of the Legislative Assembly, on the first sitting day of the House after receipt of the copy of the report by the Clerk. 38 Medical practitioner must not certify cause of death if death is reportable (cf Coroners Act 1980, ss 12A(2), (2A) and (3) and 12B) (1) A medical practitioner must not give a certificate as to the cause of death of a person for the purposes of notification of the cause of death under the Births, Deaths and Marriages Registration Act 1995 if the medical practitioner is of the opinion that— (a) the person's death is a reportable death, or (b) the person died in circumstances that would be examinable under Division 2 of Part 3.2. (2) Despite subsection (1), a medical practitioner may give a certificate as to the cause of death of a person if the medical practitioner is of the opinion that the person— (a) was aged 72 years old or older, and (b) died in circumstances other than in any of the circumstances referred to in paragraphs (b)–(f) of the definition of reportable death in section 6(1) or in section 23 or 24(1), and (c) died after sustaining an injury from an accident, being an accident that was attributable to the age of that person, contributed substantially to the death of the person and was not caused by an act or omission by any other person. (3) A medical practitioner may not certify the cause of death of a person in accordance with subsection (2) if, before the certificate is given, a relative of the deceased person indicates to the medical practitioner that he or she objects to the giving of the certificate. (4) If a medical practitioner certifies the cause of death of a person in accordance with subsection (2), the certificate must state that it is given in pursuance of that subsection. (5) A medical practitioner who is prevented from certifying the cause of death of a person because of this section must, as soon as practicable after the death, report that death to a police officer. (6) A police officer to whom a death is reported under this section is required to report the death to a coroner or assistant coroner as soon as possible after the report is made. (7) An assistant coroner to whom a death is reported under this section is required to report the death to a coroner as soon as possible after the report is made. (8) A coroner to whom a death is reported under this section is required to inform the State Coroner of the report as soon as practicable after the report is made. Chapter 5 Coronial investigation scenes 39 Definitions (cf Coroners Act 1980, s 23C) In this Chapter— coronial investigation scene means a coronial investigation scene established under section 41. coronial investigation scene order—see section 40. coronial investigation scene power means a function specified in section 43(1) or (2). 40 Order establishing coronial investigation scene (cf Coroners Act 1980, s 23D) (1) If a coroner considers that an investigation should, for the purposes of an inquest or inquiry, be carried out at a particular place, a coroner may issue an order (a coronial investigation scene order) in writing or by telephone to a police officer or other person to— (a) establish a coronial investigation scene at a specified place, and (b) exercise coronial investigation scene powers in accordance with this Chapter, and (c) enter and stay at the place for those purposes. (2) A coronial investigation scene order may be made— (a) before the commencement of an inquest or inquiry, or (b) after the commencement but before the completion of an inquest or inquiry. (3) This Chapter applies to a place of any kind, whether or not a public place. (4) A person acting under the authority of a coronial investigation scene order may, for the purposes of exercising coronial investigation scene powers, obtain the assistance of any other person. (5) A coronial investigation scene order authorises a police officer or other person specified in the order (or a person assisting the person acting under the authority of the order) to enter any place referred to in that order. (6) A copy of a telephone coronial investigation scene order is to be provided to the police officer or other person to whom it is issued. (7) In this section— telephone means radio, facsimile or any other communication device. 41 Establishment of coronial investigation scene (cf Coroners Act 1980, s 23E) (1) A police officer or other person may establish a coronial investigation scene at a place pursuant to a coronial investigation scene order in any way that is reasonably appropriate in the circumstances. (2) A police officer or other person who establishes a coronial investigation scene must, if reasonably appropriate in the circumstances, give the public notice that the place is a coronial investigation scene. 42 Exercise of powers at coronial investigation scene (cf Coroners Act 1980, s 23F) (1) A police officer or other person may exercise any of the coronial investigation scene powers if— (a) a coronial investigation scene has been established, and (b) the police officer or other person exercising the power suspects on reasonable grounds that it is necessary to do so to preserve evidence relevant to an investigation by the coroner. (2) A police officer or other person may exercise the coronial investigation scene powers for the period of time specified in the coronial investigation scene order concerned. 43 Coronial investigation scene powers (cf Coroners Act 1980, s 23G) (1) A police officer or other person may, in accordance with this Chapter and a coronial investigation scene order, exercise the following functions at, or in relation to, a coronial investigation scene— (a) direct a person to leave the coronial investigation scene or remove a vehicle, vessel or aircraft from the coronial investigation scene, (b) remove from the coronial investigation scene a person who fails to comply with a direction to leave the coronial investigation scene or a vehicle, vessel or aircraft a person fails to remove from the coronial investigation scene, (c) direct a person not to enter the coronial investigation scene, (d) prevent a person from entering a coronial investigation scene, (e) prevent a person from removing evidence from, or otherwise interfering with, the coronial investigation scene or anything in it and, for that purpose, detain and search the person, (f) remove or cause to be removed an obstruction from the coronial investigation scene, (g) perform any necessary investigation, including, for example, search the coronial investigation scene and inspect anything in it to obtain evidence in relation to the inquest or inquiry, (h) for the purpose of performing any necessary investigation, conduct any examination or process, (i) open anything at the coronial investigation scene that is locked, (j) take electricity, gas or any other utility, for use at the coronial investigation scene, (k) direct the occupier of the place or a person apparently involved in the management or control of the place to maintain a continuous supply of electricity at the place, (l) photograph or otherwise record the coronial investigation scene and anything in it, (m) seize and detain all or part of a thing that might provide evidence in relation to the inquest or inquiry or provide evidence of the commission of an offence, (n) dig up anything at the coronial investigation scene, (o) remove wall or ceiling linings or floors of a building, or panels of a vehicle, (p) take possession of the remains of a deceased person on behalf of the coroner, including body tissue, clothing and items apparently in the possession of the deceased person, (q) remove or cause the removal of the remains of a deceased person to any location nominated by the coroner, (r) any other function reasonably necessary or incidental to a function conferred by this section. (2) The power conferred by this section to seize and detain a thing includes— (a) a power to remove the thing from the coronial investigation scene when it is found, and (b) a power to guard the thing in or on the coronial investigation scene. (3) Nothing in this Chapter prevents a police officer or other person who is lawfully at a place from exercising a coronial investigation scene power or doing any other thing, if the occupier of the place consents. 44 Obstruction or hindrance of person executing coronial investigation scene order (cf Coroners Act 1980, s 23H) A person must not, on production to the person of a coronial investigation scene order, obstruct or hinder the person to whom the order was issued in the exercise of his or her powers under this Chapter arising by virtue of the order. Maximum penalty—100 penalty units or imprisonment for 2 years, or both. 45 Chapter does not limit other powers (cf Coroners Act 1980, s 23I) Nothing in this Chapter limits any power that a police officer or other person has apart from this Chapter to enter a place or to do any other thing when at the place. Chapter 6 Coronial proceedings Part 6.1 General 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 Secretary of the Department of Communities and Justice 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