Queensland: Coroners Act 2003 (Qld)

Coroners Act 2003 An Act to provide for a coronial system, and for other purposes Part 1 Preliminary 1 Short title This Act may be cited as the Coroners Act 2003. 2 Commencement (1) The amendment of the District Court of Queensland Act 1967 in schedule 1 commences on 1 May 2003. (2) The remaining provisions commence on a day to be fixed by proclamation. 3 Object of Act The object of this Act is to— (a) establish the position of the State Coroner; and (b) require the reporting of particular deaths; and (c) establish the procedures for investigations, including by holding inquests, by coroners into particular deaths; and (d) help to prevent deaths from similar causes happening in the future by allowing coroners at inquests to comment on matters connected with deaths, including matters related to— (i) public health or safety; or (ii) the administration of justice; and (e) establish the Domestic and Family Violence Death Review and Advisory Board to review deaths related to domestic and family violence to prevent or reduce the likelihood of those deaths. 4 Act binds all persons This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States. 5 Relationship with other Acts (1) This Act is subject to the Commissions of Inquiry Act 1950, section 4A. (2) This Act does not limit or otherwise affect the functions or powers of— (a) a police officer or other person to investigate a death under another Act; or (b) a police officer to do something other than an investigation under this Act. Example— A police officer helping a coroner to investigate a death may at the same time investigate whether the death was a homicide. 6 Definitions The dictionary in schedule 2 defines particular words used in this Act. Part 2 Reporting deaths 7 Duty to report deaths (1) This section applies if— (a) a person becomes aware of a death that appears to be a reportable death; and (b) the person does not reasonably believe that someone else has already reported, or is reporting, the death under subsection (3). (2) Despite subsection (1)(b), a relevant service provider who becomes aware of a death in care as mentioned in section 9(1)(a) or (e) must report the death under subsection (3), regardless of whether someone else has reported or may report the death. Note— Under section 9(3), a person's death is a death in care even if the deceased person died somewhere other than the place where the deceased person ordinarily lived for the purposes of being in care. (3) The person must immediately report the death to— (a) if the death happened in the course of or as a result of police operations—the State Coroner or the Deputy State Coroner; or (b) if the death is a death in custody—the State Coroner or Deputy State Coroner; or (c) otherwise—a police officer or coroner. Maximum penalty—25 penalty units. (4) A police officer to whom a death is reported under this section must report the death to a coroner in writing. (5) However, if a death is reported to a police officer because a cause of death certificate has not been issued and is not likely to be issued, the officer need not report the death to a coroner until satisfied that the cause of death certificate is not likely to be issued. (6) A coroner to whom a death is reported must report the death to the State Coroner in writing. (7) Nothing in this section prevents a person from reporting a death in the way mentioned in subsection (3) if the person considers the death may be a reportable death. (8) In this section— relevant service provider means— (a) in relation to the death in care of a person mentioned in section 9(1)(a)—the provider of the residential service, or accommodation, mentioned in that section in which the person ordinarily lived for the purposes of being in care; or (b) in relation to the death in care of a person mentioned in section 9(1)(e)—the registered NDIS provider that was providing the services or supports mentioned in that section. report includes report by email or fax. 8Reportable death defined (1) A person's death is a reportable death only if the death is a death to which subsection (2) and subsection (3) both apply. (2) A death is a reportable death if— (a) the death happened in Queensland; or (b) although the death happened outside Queensland— (i) the person's body is in Queensland; or (ii) at the time of death, the person ordinarily lived in Queensland; or (iii) the person, at the time of death, was on a journey to or from somewhere in Queensland; or (iv) the death was caused by an event that happened in Queensland. (3) A death is a reportable death if— (a) it is not known who the person is; or (b) the death was a violent or otherwise unnatural death; or (c) the death happened in suspicious circumstances; or (d) the death was a health care related death; or (e) a cause of death certificate has not been issued, and is not likely to be issued, for the person; or (f) the death was a death in care; or (g) the death was a death in custody; or (h) the death happened in the course of or as a result of police operations. Examples of police operations— • a police motor vehicle pursuit for the purpose of apprehending a person • an evacuation (4) However, a death that happened outside Queensland is not a reportable death if the death has been reported to a non-Queensland coroner. (5) Despite subsections (1) to (3), the death of a person who has self-administered, or been administered, a voluntary assisted dying substance under the Voluntary Assisted Dying Act 2021 is not a reportable death. (6) For subsection (3)(b), an unnatural death includes the death of a person who dies at any time after receiving an injury that— (a) caused the death; or (b) contributed to the death and without which the person would not have died. Examples— • a person's death resulting from injuries sustained by the person in a motor vehicle accident many months before the death • a person's death from pneumonia suffered after fracturing the person's neck or femur • a person's death caused by a subdural haematoma not resulting from a bleeding disorder 9Death in care defined (1) A person's death is a death in care if, when the person died— (a) the person had a disability mentioned in the Disability Services Act 2006, section 11, and— (i) was living in a level 3 accredited residential service; or (ii) was receiving services providing accommodation to persons with a disability and operated, or wholly or partly funded, by the department in which the Disability Services Act 2006 is administered; or (iii) was living in a residential service— (A) that is not a private dwelling or aged care facility; and (B) that is wholly or partly funded by the department in which the Hospital and Health Boards Act 2011 is administered or by a Hospital and Health Service under that Act, or at which the department or a Hospital and Health Service provides services; or (aa) the person was, under the Forensic Disability Act 2011— (i) being taken to, or detained in, the forensic disability service as a forensic disability client; or (ii) being taken to an authorised mental health service under section 113(2)(b) or (4) of that Act; or (iii) undertaking community treatment while accompanied by a practitioner within the meaning of that Act; or (iv) absent from the forensic disability service under a temporary absence approval while accompanied by a practitioner within the meaning of that Act; or (v) awaiting admission at an authorised mental health service under an order for the person's transfer from the forensic disability service to the authorised mental health service; or (b) the person was— (i) being detained in an authorised mental health service as an involuntary patient under the Mental Health Act 2016; or (ii) being detained in a public sector health service facility under an emergency examination authority under the Public Health Act 2005; or (iii) being transported to or from an authorised mental health service under the Mental Health Act 2016; or (iv) undertaking limited community treatment under the Mental Health Act 2016 while in the physical presence of a health service employee; or (v) temporarily absent from an authorised mental health service under an approval given under the Mental Health Act 2016, section 221 while in the physical presence of a health service employee; or (c) the person was under the guardianship of the chief executive under the Adoption Act 2009, section 57 or 65; or (d) the person was a child who was— (i) in the custody or guardianship of the chief executive (child safety) under the Child Protection Act 1999; or (ii) placed in care under an assessment care agreement; or (iii) the subject of a child protection order granting custody of the child to a person, other than a parent of the child, who is a member of the child's family; or (iv) the subject of a child protection order granting long-term guardianship of the child to— (A) a suitable person, other than a parent of the child, who is a member of the child's family; or (B) another suitable person, other than a member of the child's family, nominated by the chief executive; or (e) the person was a participant who was not living in a private dwelling or an aged care facility and who was receiving or entitled to receive, under the person's participant's plan, services or supports— (i) paid for wholly or partly from funding under the NDIS; and (ii) provided by a registered NDIS provider that is registered under the NDIS Act, section 73E to provide a relevant class of supports; and (iii) within the relevant class of supports. (2) Subsection (1)(aa) or (b) applies even if, immediately before the person was detained, the person was in the custody of the chief executive (corrective services) under the Corrective Services Act 2006. (3) Subsection (1) applies even if the person died somewhere other than the place where the person ordinarily lived for the purposes of being in care. Example— A child placed in the care of an approved foster carer becomes ill and is taken to hospital. The child dies while in hospital. The child's death is a death in care. (4) For subsection (1)(a)(iii)(A) and (e), the deceased person was living in a private dwelling if the dwelling was used, or used principally, as a separate residence for— (a) if a restrictive practice was used at the dwelling in relation to the deceased person under a chapter 5B approval in effect immediately before the person died—the deceased person and 1 or more of the deceased person's relations; or (b) if specialist positive behaviour support was provided at the dwelling under the deceased person's participant's plan and the support involved the use of a restrictive practice—the deceased person and 1 or more of the deceased person's relations; or (c) if specialist disability accommodation was provided at the dwelling under the deceased person's participant's plan—the deceased person and 1 or more of the deceased person's relations; or (d) if paragraphs (a), (b) and (c) do not apply—the deceased person and 1 or more of the deceased person's relations, or the deceased person only. (5) In this section— assessment care agreement means an assessment care agreement as defined under the Child Protection Act 1999. authorised mental health service means an authorised mental health service as defined under the Mental Health Act 2016. chapter 5B approval means an approval given under the Guardianship and Administration Act 2000, chapter 5B. child protection order means a child protection order as defined under the Child Protection Act 1999. forensic disability client means a forensic disability client as defined under the Forensic Disability Act 2011. forensic disability service means the forensic disability service as defined under the Forensic Disability Act 2011. level 3 accredited residential service means a residential service that has, or is required to apply for, a level 3 accreditation under the Residential Services (Accreditation) Act 2002. national disability insurance scheme rules means the National Disability Insurance Scheme rules made under the NDIS Act, section 209. NDIS means National Disability Insurance Scheme under the NDIS Act. NDIS Act means National Disability Insurance Scheme Act 2013 (Cwlth). participant has the meaning given by the NDIS Act, section 9. participant's plan, for a deceased person, means a plan for the person under the NDIS Act that was in effect under section 37 of that Act immediately before the person died. relation, of a deceased person, means— (a) a person who is related to the deceased person by blood, spousal relationship, adoption or a foster relationship; or (b) if the deceased person is an Aboriginal person—a person who, under Aboriginal tradition, is regarded as a relative of the deceased person; or (c) if the deceased person is a Torres Strait Islander—a person who, under Island custom, is regarded as a relative of the deceased person. relevant class of supports means any of the following classes of supports under the NDIS Act— (a) high intensity daily personal activities; (b) assistance with daily life tasks in a group or shared living arrangement; (c) specialist positive behaviour support that involves the use of a restrictive practice; (d) specialist disability accommodation. restrictive practice means— (a) a restrictive practice within the meaning of the Disability Services Act 2006, section 144; or (b) a regulated restrictive practice within the meaning of the national disability insurance scheme rules made for the NDIS Act, section 73H about conditions applying to registered NDIS providers in relation to the use of regulated restrictive practices. specialist disability accommodation means SDA within the meaning of the national disability insurance scheme rules made for the NDIS Act, section 35 about the funding of SDA. specialist positive behaviour support has the same meaning as in the National Disability Insurance Scheme Act 2013 (Cwlth). 10Death in custody defined (1) A person's death is a death in custody if, when the person died, the person was— (a) in custody; or (b) escaping, or trying to escape, from custody; or (c) trying to avoid being put into custody. Example of paragraph (c)— a suspected bank robber who dies in a car crash while being pursued by police (2) In this section— custody means detention, whether or not by a police officer, under— (a) an arrest; or (b) the authority of a court order; or (c) the authority of an Act of the State, other than— (i) the Education (General Provisions) Act 2006; or (ii) the Mental Health Act 2016; or (iii) the Forensic Disability Act 2011; or (d) the authority of an Act of the Commonwealth. 10AAHealth care related death defined (1) A person's death is a health care related death if, after the commencement, the person dies at any time after receiving health care that— (a) either— (i) caused or is likely to have caused the death; or (ii) contributed to or is likely to have contributed to the death; and (b) immediately before receiving the health care, an independent person would not have reasonably expected that the health care would cause or contribute to the person's death. (2) A person's death is also a health care related death if, after the commencement, the person dies at any time after health care was sought for the person and the health care, or a particular type of health care, failed to be provided to the person and— (a) the failure either— (i) caused or is likely to have caused the death; or (ii) contributed or is likely to have contributed to the death; and (b) when health care was sought, an independent person would not have reasonably expected that there would be a failure to provide health care, or the particular type of health care, that would cause or contribute to the person's death. (3) For this section— (a) health care contributes to a person's death if the person would not have died at the time of the person's death if the health care had not been provided; and (b) a failure to provide health care contributes to a person's death if the person would not have died at the time of the person's death if the health care had been provided. (4) For this section, a reference to an independent person is a reference to an independent person appropriately qualified in the relevant area or areas of health care who has had regard to all relevant matters including, for example, the following— (a) the deceased person's state of health as it was thought to be when the health care started or was sought; Example of a person's state of health— an underlying disease, condition or injury and its natural progression (b) the clinically accepted range of risk associated with the health care; (c) the circumstances in which the health care was provided or sought. Example for paragraph (c)— It would be reasonably expected that a moribund elderly patient with other natural diseases would die following surgery for a ruptured aortic aneurysm. (5) In this section— commencement means the commencement of this section. health care means— (a) any health procedure; or (b) any care, treatment, advice, service or goods provided for or purportedly for the benefit of human health. 10A State Coroner to notify family and child commissioner of deaths (1) If the death of a child is reported to the State Coroner under section 7, the State Coroner must, within 30 days after receiving the report— (a) notify the family and child commissioner of the death; and (b) if a report about the death was given under section 7(4) by a police officer to a coroner—give the family and child commissioner a copy of the report unless the State Coroner considers that giving the report is likely to prejudice an investigation by a coroner or police officer. (2) Before giving the family and child commissioner a copy of a report under subsection (1)(b), the State Coroner must ensure that all information in the report that identifies anyone is obliterated. (3) However, the State Coroner need not obliterate information if the State Coroner reasonably believes the person's identity is necessary for the family and child commissioner's child death research functions. Part 3 Coroner's investigation, including by inquest, of deaths Division 1 Investigations generally 11 Deaths to be investigated (1) This section outlines— (a) the type of deaths that may be investigated under this Act; and (b) the type of coroner who conducts the investigations. (2) A coroner must, and may only, investigate a death if the coroner— (a) considers the death is a reportable death, whether or not the death was reported under section 7; and (b) is not aware that any other coroner is investigating the death. (3) Also, a coroner must investigate a death if the State Coroner directs the coroner to investigate the death. (4) The State Coroner may direct a coroner to investigate a death if— (a) the State Coroner considers the death is a reportable death; or (b) the State Coroner has been directed by the Minister to have the death investigated, whether or not the death is a reportable death. Example— The Minister might direct the State Coroner to investigate the death of a Queensland person that happened overseas, even though the death was investigated by a coroner overseas, if the Minister is concerned that the overseas investigation was not comprehensive enough. (5) Also, a coroner must investigate the suspected death of a person if the State Coroner directs the coroner to investigate the suspected death. (6) The State Coroner may direct a coroner to investigate a suspected death if— (a) the State Coroner— (i) suspects that the person is dead; and (ii) considers the death is a reportable death; or (b) the Minister directs the State Coroner to have the suspected death investigated. (7) Despite subsection (2), a death in custody, or a death mentioned in section 8(3)(h) that is not also a death in custody, must be investigated by— (a) the State Coroner; or (b) the Deputy State Coroner; or (c) an appointed coroner or local coroner, approved by the Governor in Council to investigate a particular death in custody, or a death mentioned in section 8(3)(h) that is not also a death in custody, or any death in custody, or a death mentioned in section 8(3)(h) that is not also a death in custody, on the recommendation of the Chief Magistrate in consultation with the State Coroner. 11AA Preliminary examinations (1) After a police officer reports a person's death to a coroner under section 7(4), an examination for the deceased person's body (a preliminary examination) may be performed under this section. (2) The purpose of the preliminary examination is to assist a coroner in the performance of the coroner's functions under this Act relating to the person's death. Example of a coroner's function— deciding whether a death is a reportable death (3) The preliminary examination may include only the following procedures performed for the deceased person's body, alone or in combination— (a) a visual examination of the body, including a dental examination; (b) the collection and review of relevant information, including personal and health information relating to the deceased person or the death of the person; (c) the taking, including by making an incision in the body, of samples of bodily fluid from the body, including blood, urine, saliva, mucus and vitreous humour samples, and the testing of those samples; (d) the imaging of the body, including the use of computed tomography (CT scan), magnetic resonance imaging (MRI scan), x-ray, ultrasound and photography; (e) the taking of samples from the surface of the body, including swabs from wounds and inner cheek, hair samples and samples from under fingernails and from the skin, and the testing of those samples; (f) the fingerprinting of the body. (4) A doctor who is listed in the guidelines as a doctor approved by the State Coroner to perform preliminary examinations (an examiner), or a suitably qualified person under the general supervision of an examiner, may perform the preliminary examination for the person's body. Example of a suitably qualified person— a coronial nurse (5) Before the examiner, or a person supervised by the examiner, performs the preliminary examination for the person's body, the examiner must, whenever practicable, consider at least the following— (a) that in some cases the person's family may be distressed by the procedures to be performed in the examination, including, for example, because of cultural traditions or spiritual beliefs; (b) any concerns raised by a family member, or another person with a sufficient interest, in relation to the procedures to be performed for the examination. (6) As soon as practicable after the preliminary examination is completed, the examiner must— (a) prepare a preliminary examination report; and (b) give the report to a coroner. (7) In this section— preliminary examination report means a written report containing information about a preliminary examination performed for a deceased person, including, for example, information about the following— (a) the results of any procedures or tests that were performed as part of the preliminary examination; (b) the cause of the person's death, if known. 11A Reviewing coroner's decision about whether death is a reportable death (1) A person dissatisfied with a coroner's decision about whether a death that happens after the commencement of this section is a reportable death may apply for an order about whether it is a reportable death. (2) The application must be made to— (a) if the coroner is not the State Coroner—the State Coroner; or (b) if the coroner is the State Coroner—the District Court. (3) A person dissatisfied with the State Coroner's decision under subsection (2)(a) may apply to the District Court. (4) An application under subsection (3) must be made within 14 days after the person receives written reasons for the decision. (5) If the State Coroner or the District Court orders that the death is a reportable death, the coroner is taken to have considered the death to be a reportable death for section 11(2)(a). 12 Not investigating or stopping investigation of particular deaths (1) A coroner must not investigate a death, unless directed to do so by the Minister or by the State Coroner under section 11(4)(b), if— (a) the death happened in another State and has been reported to a non-Queensland coroner; or (b) the death happened outside Australia. (2) A coroner must stop investigating a death if— (a) the coroner's investigation shows that the body is indigenous burial remains; or (b) each of the following applies— (i) the death was not a reportable death under section 8(3)(a) or (g); (ii) the coroner's investigation shows that an autopsy of the body is not necessary; (iii) the coroner decides to authorise a doctor to issue a cause of death certificate; or (c) an autopsy of the body, ordered by the coroner, shows that the body is that of a stillborn child; or (d) the State Coroner directs the coroner to stop the investigation; or (e) the coroner becomes aware that the death is a death mentioned in subsection (1), unless the Minister directs the coroner to continue the investigation. (3) If the coroner stops investigating the death under subsection (2)(e), the coroner may give the results of the coroner's investigation, including any autopsy report, to a non-Queensland coroner who is investigating the death. (4) A coroner may stop investigating a death if— (a) the death was a reportable death only under section 8(2) and (3)(e); and (b) an autopsy has been conducted and an autopsy certificate has been given to the coroner under section 24A(3)(b); and (c) the coroner, having regard to the circumstances of the death and the autopsy certificate, is satisfied the death was a natural death. 13 Coroner's powers of investigation (1) This section applies to a coroner who is investigating a death under this Act, whether before or during an inquest. (2) The coroner may make, or arrange for, any examination, inspection, report or test that the coroner considers is necessary for the investigation. (3) Without limiting subsection (2), the coroner may authorise a doctor or nurse to take a sample of the deceased person's blood for testing. (4) For the purposes of the investigation, the coroner may issue a search warrant under the Police Powers and Responsibilities Act 2000, section 599(1). (5) The coroner may be present while a police officer exercises powers under the search warrant. (6) In this section— nurse means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the nursing profession, other than as a student; and (b) in the registered nurses division of that profession. 14 Guidelines and directions for investigations (1) To ensure best practice in the coronial system, the State Coroner— (a) may issue directions to the coroner investigating a particular death about a particular aspect of the investigation; and (b) must issue guidelines to all coroners about the performance of their functions in relation to investigations generally. Example— a guideline to help coroners make decisions about the release of documents under this Act (2) When preparing the guidelines, the State Coroner must have regard to the recommendations of the Royal Commission into Aboriginal Deaths in Custody that relate to the investigation of deaths in custody. (3) The guidelines must— (a) deal with the investigations of deaths in custody; and (b) deal with investigations of deaths involving human remains found in a suspected traditional burial site, and in particular, must provide for the early notification and involvement of the Aboriginal or Torres Strait Islander community having a connection with the burial site; and (c) list the doctors who are approved by the State Coroner to perform preliminary examinations, either by name or by reference to particular qualifications; and (d) list the doctors who are approved by the State Coroner to conduct particular types of autopsies, either by name or by reference to particular qualifications. (4) Without limiting subsection (1)(b) or (3), the State Coroner may also issue guidelines applying to all persons who carry out a function under this Act about the following— (a) the types of reportable death mentioned in section 8; (b) a preliminary examination for section 11AA; (c) a preliminary investigation to decide whether a death is a reportable death; (d) the investigation of a suspected death; (e) any other matter that is relevant and desirable to ensure best practice in the coronial system. (5) When investigating a death, a coroner must comply with the guidelines and any directions issued to the coroner to the greatest practicable extent. (6) However, to the extent that a direction conflicts with the guidelines, a coroner must comply with the direction. (7) In this section— direction does not include a direction as to what finding a coroner may make for an investigation. traditional burial site means a place that is a traditional Aboriginal or Torres Strait Islander burial site. 15 Help in investigation (1) During the investigation of a death, a coroner may seek the help of a lawyer or other person who the coroner reasonably believes can help the coroner investigate the death. (2) The duty of a police officer to help a coroner is stated in the Police Powers and Responsibilities Act 2000, section 794. 16 Duty to help investigation (1) This section applies if— (a) a coroner is investigating a death; and (b) the coroner reasonably believes a person may be able to give the coroner information, a document or anything else that is relevant to the investigation. (2) The coroner may require the person to give the coroner information, a document or anything else that is relevant to the investigation. (3) The requirement may be made orally or in writing. (4) When making the requirement, the coroner must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse. (5) The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—30 penalty units. (6) It is, for example, a reasonable excuse for a person to fail to comply with the requirement if complying with the requirement would tend to incriminate the person. 17 Disclosure of confidential information to coroner (1) This section applies to a provision in another Act that enables the release of confidential information to— (a) a court; or (b) a party to a proceeding before a court. Examples— Child Protection Act 1999, section 186C (Disclosure in proceeding) or 190 (Production of department's records) Youth Justice Act 1992, section 299 (Production of department's records) (2) The provision is taken to enable the disclosure of the information to a coroner investigating a death as if— (a) a reference to the court is a reference to a coroner; and (b) a reference to a proceeding is a reference to an investigation; and (c) a reference to a party is a reference to— (i) a police officer, lawyer or other person helping the coroner; or (ii) a person who is to appear or is appearing at an inquest. (3) To remove doubt, it is declared that this section does not negate anything in a provision that— (a) allows a person to refuse to release confidential information or produce a document containing confidential information; and Example— the Health Ombudsman Act 2013, section 274 (b) requires a person to consent before information may be released. Example— the Health Ombudsman Act 2013, section 149 (4) A coroner may only disclose information obtained under this section for a purpose connected with the investigation being conducted by the coroner. (5) A person who has been given access to confidential information by a coroner, including information in a document, must not directly or indirectly disclose the information— (a) other than for the investigation; or (b) unless the disclosure is permitted or required under this or another Act. Maximum penalty for subsection (5)—100 penalty units or 2 years imprisonment. 17A Protection from liability for giving information and other things to coroner (1) A person is not liable, civilly, criminally or under an administrative process, for giving a coroner any of the following— (a) information, a document or anything else (the required item) in compliance with a requirement made under section 16; (b) confidential information under section 17. (2) Also, merely because the person gives the required item or confidential information, the person can not be held to have— (a) breached any code of professional etiquette or ethics; or (b) departed from accepted standards of professional conduct. (3) Without limiting subsections (1) and (2)— (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the required item or confidential information; and (b) if the person would otherwise be required to maintain confidentiality about the required item or confidential information under an Act, oath or rule of law or practice, the person— (i) does not contravene the Act, oath or rule of law or practice by giving the required item or confidential information; and (ii) is not liable to disciplinary action for giving the required item or confidential information. Division 2 Autopsies 18 Transferring body to mortuary (1) This section applies if a body is to be taken to a mortuary at the direction of— (a) a coroner; or (b) a police officer under the Police Powers and Responsibilities Act 2000, section 597. (2) A person who is involved in taking the body to the mortuary must comply with— (a) any direction of the coroner or police officer; or (b) the guidelines issued by the State Coroner about— (i) the dignity and respect to be accorded to persons who are at a place from which a body is to be taken, and their cultural traditions or spiritual beliefs; and (ii) the way in which bodies are to be taken to a mortuary. (3) However, to the extent that a direction conflicts with the guidelines, the person must comply with the direction. (4) In this section— mortuary means a mortuary where autopsies ordered by coroners are conducted. 18A Arrangements for and guidelines about assessing suitability of body for Transplantation and Anatomy Act 1979 (1) This section applies if a prescribed tissue bank is a party to an arrangement under section 54AA to access section 7(4) reports. (2) Before an autopsy is performed on a body, the prescribed tissue bank, or a person acting for the prescribed tissue bank, may conduct an external examination of the body for the purpose of assessing whether the body is suitable for the removal of tissue for the Transplantation and Anatomy Act 1979. (3) However, subsection (2) does not apply if the State Coroner, the coroner who is investigating the death, or a person acting for the prescribed tissue bank is aware that the deceased person had, during his or her lifetime, objected to the removal after death of tissue from his or her body. (4) A person who conducts the examination must comply with— (a) any directions of the coroner; and (b) any guidelines issued by the State Coroner about the conduct of the process by which donor suitability for the removal of tissue under the Transplantation and Anatomy Act 1979 is assessed. (5) However, to the extent that a direction conflicts with the guidelines, the person must comply with the direction. (6) In this section— tissue see the Transplantation and Anatomy Act 1979, section 4(1). 19 Order for autopsy (1) This section does not apply if a coroner— (a) has stopped investigating a death under section 12(2)(a), (b), (d) or (e); or (b) is investigating a suspected death under section 11(6). (2) A coroner may order a doctor to perform an autopsy if the coroner considers an autopsy is necessary for the investigation of a death or to find out whether a body is that of a stillborn child. (3) The autopsy may consist of— (a) for a body that has been cremated—an examination of the cremated remains of the body; or (b) for a body that has not been cremated— (i) an external examination of the body; or (ii) an external and partial internal examination of the body; or (iii) an external and full internal examination of the body. Example of a partial internal examination— If the only apparent injuries to a deceased person's body are to the person's head, the coroner may consider it appropriate that only the person's head be examined internally. (4) The coroner must state in the order the type of examination to be conducted. (5) Before ordering an internal examination of the body, the coroner must, whenever practicable, consider at least the following— (a) that in some cases a deceased person's family may be distressed by the making of this type of order, for example, because of cultural traditions or spiritual beliefs; (b) any concerns raised by a family member, or another person with a sufficient interest, in relation to the type of examination to be conducted during the autopsy. (6) If, after considering any concern mentioned in subsection (5)(b), the coroner decides it is still necessary to order the internal examination, the coroner must give a copy of the order to the person who raised the concern. (7) The coroner must direct the order to 1 of the doctors who is listed in the guidelines as a doctor who is approved by the State Coroner to conduct particular types of autopsies and has the necessary skills to conduct the autopsy having regard to the particular circumstances of the case. Example— Particular doctors may have the necessary skills to conduct autopsies on adults but not on children. (8) However, the coroner must not allow— (a) a person to conduct or help at the autopsy if the person is accused, by someone on oath before a coroner, of causing the deceased person's death; or (b) an attending doctor to conduct the autopsy, unless the coroner considers it is impracticable to do otherwise. (9) A coroner may make an order under this section even if— (a) an autopsy has previously been conducted on the body, either under this Act or under another lawful authority; or (b) a cause of death certificate has issued for the deceased person; or (c) the death has previously been investigated under this Act; or (d) the death was reported to the coroner on or after 1 December 2003 but before the commencement of the Justice and Other Legislation Amendment Act 2005, section 47. 20 Exhuming body or recovering cremated remains (1) This section applies if, after a body is buried or cremated, the State Coroner forms the belief that the death was a reportable death. (2) To enable an autopsy of a body to be conducted, the State Coroner may order— (a) if the body was buried—the body to be exhumed; or (b) if the body was cremated and the cremated remains may be recovered—the cremated remains to be recovered. (3) The State Coroner must give at least 2 days notice of the State Coroner's intention to make the order to— (a) the person in charge of the place where the body is, or the cremated remains are; and (b) any person who the State Coroner considers has a sufficient interest in the autopsy. (4) Subsection (3) does not apply if— (a) after taking all reasonable steps, the State Coroner can not contact a person mentioned in subsection (3); or (b) the State Coroner considers it is not, in the circumstances, in the public interest to notify a person mentioned in subsection (3). (5) If— (a) a person has raised a concern in relation to the order being made; but (b) after discussing the matter with the person, the State Coroner considers it is in the public interest for the order to be made; the State Coroner must make the order and give a copy of it to the person. (6) The order authorises a police officer to enter the place stated in the order and stay there for as long as reasonably necessary to exhume the body or recover the cremated remains. (7) The officer must arrange for the body or cremated remains to be taken, in accordance with the directions in the order, to a place stated in the order. (8) The State Coroner must, as soon as reasonably practicable after the autopsy, order the body or cremated remains to be returned to the place from where they were taken. 21 Observing an autopsy (1) The coroner, or a police officer who is investigating a death under this or another Act, is entitled to observe and participate in the autopsy. (2) If the coroner considers it appropriate, a person may observe and participate in an autopsy for his or her vocational or clinical education or training with the consent of the doctor who is conducting the autopsy. Examples— an attending doctor, medical students, mortuary staff, nurses and police officers (3) The coroner may allow a person, or the person's representative, to observe the autopsy if the coroner considers— (a) the person has a sufficient interest in the autopsy; and (b) the attendance of the person, or the person's representative, at the autopsy would not compromise the integrity of the coronial investigation or any other investigation into the death; and Example of other investigation— a criminal investigation, workplace health and safety investigation or disciplinary investigation (c) the attendance of the person, or the person's representative, at the autopsy is otherwise appropriate. (4) Before allowing a person to observe an autopsy under subsection (3), the coroner— (a) must, whenever practicable, consult with and consider the views of— (i) a family member of the deceased person; and (ii) the doctor who is to conduct the autopsy; and (b) may consult with, and consider the views of, anyone else the coroner considers appropriate. (5) If the coroner allows a person to observe an autopsy under subsection (3), the coroner must give the person notice of the time and place of the autopsy before it is conducted. 22 Extra medical evidence for autopsy (1) If the coroner considers it necessary for the investigation of a death, the coroner may, by written notice, require— (a) an attending doctor— (i) to be present at the autopsy; or (ii) to give the coroner a written report to help the doctor who is to conduct, or conducted, the autopsy; or (b) a person who has any medical records of the deceased person, or tissue samples from the deceased person, to give them to the doctor who is to conduct, or conducted, the autopsy. Example— The coroner may require the person in charge of the nursing home in which the deceased person died to release the deceased person's medical records. (2) The coroner may send the notice to a person by fax or another electronic means. (3) The person may send a written report or medical records to the doctor by fax or other electronic means, unless the notice requires the original copy of the written report or medical records to be given. (4) The person to whom the notice is directed must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. Example— An attending doctor may refuse to give the coroner a written report if the information in the report would tend to incriminate the attending doctor. (5) The doctor who conducts the autopsy must return the medical records or tissue samples as soon as reasonably practicable after the autopsy, unless the coroner orders otherwise. Maximum penalty—40 penalty units. 23 Autopsy testing (1) A coroner may order that the doctor who has been ordered to conduct an autopsy also conduct a particular test. (2) The coroner may make the order on an application under section 23A or on the coroner's own initiative. (3) Also, the doctor may conduct any test that is consistent with the type of autopsy ordered by the coroner if the doctor considers it necessary to investigate the death. (4) For a test, the doctor may remove tissue from the deceased person's body. (5) Regardless of the type of autopsy ordered, the doctor may take blood or urine samples for testing. (6) In this section— conduct a test includes arrange for a test to be conducted. coroner means the coroner who ordered the doctor to conduct an autopsy or another coroner. 23A Applying for an order for autopsy testing (1) A person may apply to the coroner in writing for an order that the doctor who has been ordered to conduct an autopsy, or who conducted an autopsy, also conduct a test for any or all of the following as stated in the application— (a) an infectious condition; (b) a notifiable condition; (c) an emergency notifiable condition; (d) a controlled notifiable condition. (2) The coroner may grant the application only if the coroner is satisfied the applicant has a sufficient interest in the test result. (3) In this section— conduct, a test, includes arrange for a test to be conducted. controlled notifiable condition means a controlled notifiable condition as defined in the Public Health Act 2005, section 63. coroner means the coroner who ordered the doctor to conduct an autopsy or the State Coroner. emergency notifiable condition means an emergency notifiable condition as defined in the Public Health Act 2005, section 315. notifiable condition means a notifiable condition as defined in the Public Health Act 2005, section 64. 24 Removing tissue for autopsy testing (1) This section applies if during an autopsy of a body, the doctor conducting the autopsy removes tissue from the body for testing. (2) If prescribed tissue is removed, the doctor must inform the coroner before the coroner orders the body's release. (3) The coroner, knowing that the tissue has been removed, may nevertheless order the release of the body. (4) However, if prescribed tissue has been removed, the coroner must not order the release of the body unless satisfied that— (a) if practicable, a family member of the deceased person has been informed of the removal of the prescribed tissue; and (b) the retention of the prescribed tissue is necessary for the investigation of the death, despite any concerns raised with the coroner about the retention of the prescribed tissue. (5) If the coroner is not satisfied as mentioned in subsection (4)(a) and (b), the coroner must order the doctor to return the prescribed tissue to the body before the body is released. (6) If tissue kept for testing is prescribed tissue, the coroner must, at not more than 6-monthly intervals after the date of the order for the autopsy, decide whether the tissue— (a) still needs to be kept for— (i) the investigation of the death; or (ii) proceedings for an offence relating to the death; or (b) may be disposed of. (7) Specimen tissue as defined under the Transplantation and Anatomy Act 1979 must be kept indefinitely by the entity that turned the tissue into specimen tissue. (8) A person must not dispose of any other tissue kept for testing, except under the order of a coroner. Maximum penalty—100 penalty units. (9) If a coroner orders the disposal of the tissue, the entity that has the tissue must— (a) if a family member of the deceased person has told the coroner that he or she wishes to test, or use, the tissue for a lawful purpose or to bury the tissue—release the tissue to the family member, or the family member's representative, for the test, use or burial; or (b) otherwise—arrange for the tissue to be buried. (10) Subject to any relevant local laws, a statement by the entity, in the approved form, to the effect that the coroner has ordered the disposal of the tissue is sufficient authority for the burial of the tissue. (11) In this section— coroner means— (a) the coroner who ordered the autopsy; or (b) if that coroner is not available, another coroner. prescribed tissue means— (a) a whole organ or fetus; or (b) an identifiable body part. Example for paragraph (b)— a limb, digit or jaw 24A Autopsy certificate (1) This section applies to a doctor who conducts an autopsy. (2) As soon as practicable after completing an autopsy, the doctor must— (a) complete an autopsy notice in the form required by the registrar; and (b) give a signed copy of the notice to— (i) the registrar in an approved way; and (ii) the coroner who ordered the conduct of the autopsy. (3) As soon as practicable after the doctor determines the cause of death, or the doctor finally decides that the doctor can not determine the cause of death, the doctor must— (a) complete an autopsy certificate in the form required by the registrar; and (b) give a signed copy of the certificate to— (i) the registrar in an approved way; and (ii) the coroner who ordered the conduct of the autopsy. Example— After completing an autopsy, the doctor may decide that the doctor can not determine the cause of death until the doctor receives the results of toxicology tests. If the results of the toxicology tests are inconclusive, the doctor may finally decide that the doctor can not determine the cause of death. (4) If, after completing an autopsy, the doctor determines the cause of death, or the doctor decides that the doctor can not determine the cause of death the doctor need not comply with subsection (2). (5) However, if the doctor is unable to do something required by subsection (2) or (3), another appropriately qualified doctor can do the thing. (6) In this section— approved way, of giving a notice or certificate, means a way that is— (a) approved by the registrar; and (b) published on the department's website or www.qld.gov.au . autopsy includes a post-mortem examination under the Coroners Act 1958. registrar means the registrar under the Births, Deaths and Marriages Registration Act 2023. 25 Autopsy reports (1) As soon as practicable after completing an autopsy, the doctor who conducted the autopsy must— (a) prepare an autopsy report; and (b) give the report to the coroner. (2) If an investigating police officer asks for a copy of the autopsy report, or a copy of a test report, the doctor who conducted the autopsy or the person who did the test must give a copy of the report to the police officer. (3) However, if the doctor is unable to do something required by subsection (1) or (2), another appropriately qualified doctor can do the thing. (4) If the chief executive or health chief executive asks for a copy of an autopsy report, or a copy of a test report, the doctor who conducted the autopsy or the person who did the test, must give a copy of the report to— (a) a public service employee nominated by the chief executive; or (b) a public service employee, health service employee or health executive, nominated by the health chief executive. (5) The chief executive or health chief executive may ask a doctor who conducts autopsies for— (a) a copy of the autopsy report prepared by the doctor for a particular deceased person; or (b) all autopsy reports prepared by the doctor for deceased persons who— (i) died in similar circumstances; or (ii) had similar characteristics; or (iii) may be grouped by other criteria; or Example— The health chief executive could ask a doctor to give the health chief executive copies of all autopsy reports the doctor makes at any time relating to deaths of children under the age of 1. (c) copies of all autopsy reports prepared by the doctor. (6) However, subsections (4) and (5) do not apply if the State Coroner has given the chief executive or health chief executive written notice stating— (a) that the reports mentioned in the subsections are not to be given to— (i) the chief executive or the health chief executive; or (ii) a public service employee, health service employee or health executive; and (b) the reasons why the reports are not to be given. (7) In this section— health executive means a health executive under the Hospital and Health Boards Act 2011. health service employee means a health service employee under the Hospital and Health Boards Act 2011. investigating police officer means a police officer who is investigating the death under this or another Act. test report means a document containing the results of a test performed for an autopsy. 26 Control of body (1) Unless a person's death is reported to the coroner after burial, the coroner starts having control of the deceased person's body when the coroner starts investigating the deceased person's death. (2) The coroner stops having control of the body when the coroner— (a) if the coroner stops investigating the death under section 12(2)(a)—orders the release of the body to the Minister responsible for administering the Aboriginal Cultural Heritage Act 2003 and the Torres Strait Islander Cultural Heritage Act 2003; or (b) if the coroner stops investigating the death under section 12(2)(b)—authorises a doctor to issue a cause of death certificate for the deceased person; or (c) if the coroner stops investigating the death under section 12(2)(c) or (d) or (4)—orders the release of the body for burial; or (d) if the coroner stops investigating the death under section 12(2)(e)—orders the release of the body to the other jurisdiction; or (e) transfers control of the body to another coroner; or (f) decides that it is not necessary for the coroner's investigation to keep the body after an autopsy and the coroner orders the release of the body for burial. (3) For subsection (2)(f), the coroner must order the release of the body for burial as soon as reasonably practicable after the autopsy. (4) However, the coroner must not order the release of a body for burial if it is not known whose body it is, unless the coroner believes it is necessary to bury the body in the particular circumstances. (5) A doctor must not issue a cause of death certificate for a person if— (a) the death appears to the doctor to be a reportable death, unless a coroner advises the doctor that the death is not a reportable death; or (b) a coroner is investigating the death, unless the coroner authorises the issue of the certificate. Maximum penalty—100 penalty units. (6) For subsection (2)(a), (c), (d) and (f), a reference to the coroner, in relation to an order for the release of a body, includes, if the coroner investigating the death is not available, another coroner. Division 3 Inquests and investigations 27 When inquest must be held (1) The coroner investigating a death must hold an inquest if— (a) the coroner considers the death is— (i) a death in custody; or (ii) a death in care, in circumstances that raise issues about the deceased person's care; or (iii) a death mentioned in section 8(3)(h) that is not also a death in custody, unless the coroner is satisfied the circumstances of the death do not require the holding of an inquest; or (b) the Attorney-General directs the State Coroner to arrange for an inquest to be held into the death; or (c) the State Coroner, on the State Coroner's own initiative or on an application under section 30, orders an inquest be held into the death; or (d) the District Court, on an application under section 30, orders an inquest be held into the death. (2) For subsection (1)(a)(i), a death in custody— (a) includes a death that is also another type of reportable death under section 8; but Example— A death in custody may also be a death in care under section 8(3)(f) or a death in the course of police operations under section 8(3)(h). (b) does not include the death of a person if, when the person died, the person was detained under the Public Health Act 2005. (3) Subsection (1)(b) to (d) applies despite any decision of the coroner investigating the death not to hold an inquest. 28 When inquest may be held (1) An inquest may be held into a reportable death if the coroner investigating the death is satisfied it is in the public interest to hold the inquest. (2) In deciding whether it is in the public interest to hold an inquest, the coroner may consider— (a) the extent to which drawing attention to the circumstances of the death may prevent deaths in similar circumstances happening in the future; and (b) any guidelines issued by the State Coroner about the issues that may be relevant for deciding whether to hold an inquest for particular types of deaths. 29 When inquest must not be held or continued (1) This section applies if a coroner who is investigating a death is informed that someone has been charged with an offence in which the question of whether the accused caused the death may be in issue. (2) If the coroner is informed before an inquest is started, the coroner must not start an inquest until after the end of the proceedings for the offence, including any appeal started within the time allowed for an appeal. (3) If the coroner is informed after the start of an inquest, the coroner— (a) must adjourn the inquest; and (b) may resume or close the inquest after the end of the proceedings for the offence, including any appeal started within the time allowed for an appeal. 30 Applying for inquest to be held (1) A person may apply to the coroner investigating a person's death to hold an inquest into the death. (2) The application must— (a) be written; and (b) outline why the applicant considers it is in the public interest for an inquest to be held. (3) The coroner must, within the prescribed period, decide the application and give written reasons for the decision to— (a) the applicant; and (b) if the coroner is not the State Coroner—the State Coroner. (4) If the coroner decides not to hold an inquest, the person may apply for an order that an inquest be held to— (a) if the coroner is not the State Coroner—the State Coroner; or (b) if the coroner is the State Coroner—the District Court. (5) The application must be made within 14 days after the person receives the written reasons for the coroner's decision. (6) If the State Coroner refuses an application, the person may apply to the District Court. (7) The application must be made within 14 days after the person receives the written reasons for the State Coroner's decision. (8) The State Coroner or District Court may order that an inquest be held if satisfied it is in the public interest to hold the inquest. (9) In this section— prescribed period, for the coroner to decide the application, means— (a) 6 months after the coroner receives the application; or (b) the longer period the coroner considers necessary to enable the coroner to obtain relevant information for making the decision. 31 Inquests to be held by the Coroners Court (1) An inquest must be held by the Coroners Court in open court,