{"id":"a-1997-57","name":"Coroners Act 1997","slug":"coroners-act-1997","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"57 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23322,"registerId":"act-a-1997-57-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"3C","sectionType":"section","heading":"Meaning of death in custody 6","content":"3C Meaning of death in custody 6\n","sortOrder":0},{"sectionNumber":"3D","sectionType":"section","heading":"Who is a custodial officer? 7","content":"3D Who is a custodial officer? 7\n\nPage\ncontents 2 Coroners Act 1997\n4 Establishment 8\n5 Coroners 8\n6 Chief Coroner 8\n7 Chief Coroner’s functions 9\n8 Deputy coroners 9\n9 Deputy coroners’ functions 9\n10 Oath to be taken by coroner or deputy coroner 10\n11 Registrar and deputy registrars 10\n11A Coroner for matter not available 10\n12 General functions and jurisdiction of coroner 12\n13 Coroner’s jurisdiction in relation to deaths 12\n15 Control and release of body of deceased 14\n17 Assistance to State and other Territory coroners 14\n17A Considerations before exercising function or making decision 15\nDivision 3.2 Inquiries into fires\n18 Coroner’s jurisdiction in relation to fires 15\n19 Coroner’s jurisdiction in relation to disasters 16\n19A Meaning of ancillary examination—pt 4 17\n19B Directions to obtain medical records 17\n19C Ancillary examination 18\n20 Dispensing with post-mortem examination 18\n21 Directions to doctors to conduct post-mortem examinations 18\n22 Unavailability of doctor directed to conduct a post-mortem examination 19\n23 Consideration of immediate family 19\n24 Reconsideration of decisions 20\n\nPage\ncontents 3\n25 Previous attending doctor entitled to observe post-mortem\nexamination 20\n27 Warrant for exhumation of body or recovery of ashes 21\n29 Form of warrant for exhumation 22\n30 Reinterment of remains or ashes 23\n31 Removal of body or ashes for purposes of inquest outside the ACT 23\n32 Report by doctor or analyst 24\n33 Assistance at post-mortems etc 24\n34 Hearings 25\n34A Decision not to conduct hearing 25\n35 Time and place of hearing 25\n36 Adjournment of hearing 25\n37 Notification of immediate family 26\n38 Notice relating to conduct of hearing 26\n39 Inquests into non-custodial deaths and inquiries—discretion to appoint\ncounsel assisting 26\n39A Functions of counsel assisting 27\n39B Counsel assisting—revocation of appointment 28\n40 Hearing in public except in certain cases 28\n41 Hearing to be held without jury 29\n42 Representation at hearing 29\n42A Appearance by audiovisual or audio links 29\n43 Power of coroner to subpoena witnesses etc 30\n44 Service of subpoena on witness 31\n45 Arrest of witness 32\n46 People about to leave ACT—examination and production of\ndocuments etc 33\n47 Rules of evidence do not apply 34\n48 Evidence 34\n49 Record of proceedings 35\n\nPage\ncontents 4 Coroners Act 1997\n50 Informal request for evidence 36\n51 Access to documents etc 36\n51A Practice and procedure for inquests and inquiries 36\n51B Privilege in relation to self-incrimination in coronial inquest or inquiry 37\n52 Coroner’s findings 39\n53 Interim findings 40\n54 Requests for copies of findings 40\n55 Adverse comment in findings or reports 40\n56 Notification of registrar-general 41\n57 Report after inquest or inquiry 41\n57A Correction of errors 43\n58 Procedure where evidence of indictable offence or indictment to be\npresented 43\n58A When inquest or inquiry may proceed—s 58 45\n59 Investigators 46\n60 Coroner not to be called as witness 47\n61 Coroner not required to view the subject matter of inquest or inquiry 47\n62 Coroner may act on a Sunday 47\n63 Police assistance 47\n64 Request for hearing or for reconsideration of certain decisions 48\n65 Restriction of access 50\n66 Search warrants 50\n67 Inspection and retention of seized things 52\n68 Chief Coroner—power to hold fresh inquest or inquiry 53\n68A Coroner to give information to immediate family 53\n68B Definitions—pt 5A 55\n68C Coronial investigation scene order 55\n68D Establishment of coronial investigation scene 57\n\nPage\ncontents 5\n68E Coronial investigation scene powers 57\n68F Senior police officer may establish scene for expected coronial\ninvestigation 58\n68G Exercise of investigation scene powers under pt 5A 60\n68H Part does not limit other powers 60\nPart 6 Deaths in care and deaths in custody—\nadditional provisions\n69 Consideration of deceased’s family etc 61\n70 Viewing of body etc 61\n71 Post-mortem examinations by pathologists 62\n72 Inquest into death in care or death in custody—appointment of counsel\nassisting 62\n73 Records of deaths in care and deaths in custody 63\n74 Findings about quality of care, treatment and supervision 63\n75 Copies of reports of findings 63\n76 Response to reports 64\n76A Application of Criminal Code, ch 7 65\n77 Obligation to report death 65\n78 Obligation to report death in care or death in custody 66\n83 Improper dealing with body or ashes of dead person 66\n89 Acts and omissions of representatives 67\n90 Application to hold hearing for inquest or inquiry into fire 69\n91 Supreme Court—general 69\n92 Supreme Court—power to order inquest or inquiry 69\n93 Supreme Court—power to quash, or order fresh, inquest or inquiry 70\nPart 9 Witness expenses and other amounts\n98 Witness expenses 71\n99 Amounts payable to assistants 71\n\nPage\ncontents 6 Coroners Act 1997\n99A Contempt of Coroner’s Court 72\n99B Protection if information given to coroner 72\n100 Deaths in institutions—retention of records of dead person 73\n100A Attorney-general may make guidelines for responses 74\n101 Court seal 74\n102 Annual report of court 74\n103 Regulation-making power 76\nSchedule 1 Oath or affirmation of office 77\nPart 1.1 77\nPart 1.2 78\nDictionary 79\n1 About the endnotes 83\n2 Abbreviation key 83\n3 Legislation history 84\n4 Amendment history 92\n5 Earlier republications 104\n6 Expired transitional or validating provisions 108\n\nAn Act to provide for the holding of inquests into deaths and inquiries into fires\nand disasters, and for related purposes\n\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Coroners Act 1997.\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘death in custody—see section 3C.’\nmeans that the term ‘death in custody’ is defined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":3},{"sectionNumber":"3A","sectionType":"section","heading":"Notes","content":"3A Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\n","sortOrder":4},{"sectionNumber":"3B","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"3B Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n3BA Objects of Act\n(1) The main objects of this Act are to—\n(a) establish the Coroner’s Court and position of Chief Coroner; and\nNote Establish includes continue in existence (see Legislation Act, dict,\npt 1, def establish).\n(b) provide—\n(i) that a person who is a magistrate (other than a special\nmagistrate) is also a coroner; and\n(ii) that the Chief Coroner may appoint a special magistrate as\na coroner; and\n(iii) for the appointment of deputy coroners; and\n(c) give the following functions to coroners:\n(i) to hold inquests into particular kinds of deaths or suspected\ndeaths, and to make findings about the deaths, including\nthe identities of deceased people and causes of death;\n\n(ii) to hold inquiries into, and make findings about, the cause\nand origin of—\n(A) fires that have destroyed or damaged property; and\n(B) disasters; and\n(d) allow a coroner, based on the coroner’s findings in an inquest or\ninquiry, to make recommendations and comments about the\nfollowing:\n(i) the prevention of deaths;\n(ii) the promotion of general public health and safety including\noccupational health and safety;\n(iii) the administration of justice;\n(iv) the need for a matter to be investigated or reviewed by an\nentity.\n(2) As far as practicable, the objects of this Act must be carried out in a\nway that—\n(a) for an inquest into a person’s death—recognises the following:\n(i) the family and friends of the deceased person have an\ninterest in having all reasonable questions about the\ncircumstances of the person’s death answered;\n(ii) the death of a person, and an inquest into the person’s\ndeath, has a significant impact on the person’s family and\nfriends;\n(iii) that where appropriate, members of the immediate family\nof the deceased person should be given the earliest\nopportunity to participate in, and be kept informed of the\nparticulars and progress of, the inquest into the person’s\ndeath;\n(iv) that different cultures have different beliefs and practices\nabout death that should, where possible, be respected; and\n\n(b) maintains the inquisitorial, non-adversarial nature of the\nCoroner’s Court, and its function to inquire into and publicly\nexamine the causes of death, fire and disaster; and\n(c) promotes the development of a systematic and comprehensive\npublic record of findings made by a coroner and any associated\nrecommendations made by the coroner; and\n(d) increases public awareness of a coroner’s findings about—\n(i) violent or unusual deaths; and\n(ii) serious risks to public health and safety; and\n(iii) ways to protect public health and safety by reducing the\nrisk of death, fire or disaster; and\n(e) promotes public understanding about the function of the\nCoroner’s Court.\n3BB Meaning of death in care\n(1) In this Act:\ndeath in care means the death of a person—\n(a) while being taken into or detained in custody, or subject to an\norder, under—\n(i) the Mental Health Act 2015; or\n(ii) the Crimes Act 1900, section 309 (Assessment whether\nemergency detention required); or\n(b) because of a fatal injury sustained in circumstances mentioned\nin subsection (a).\n(2) For this section, a person is subject to an order if the person is—\n(a) being taken into, or detained in, custody under the order; or\n(b) being restrained, or otherwise being provided with care, under\nthe order; or\n\n(c) otherwise subject to the order.\n3C Meaning of death in custody\n(1) For this Act, death in custody means the death of a person (other than\na death in care)—\n(a) at a correction centre, lockup or detention place; or\n(b) while performing work under a community service condition of\na good behaviour order under the Crimes (Sentencing) Act 2005;\nor\n(c) while subject to an accommodation order under the Crimes\n(Sentencing) Act 2005, section 133Z (Accommodation orders—\nfor young offenders convicted or found guilty); or\n(d) while subject to a transfer arrangement under the Children and\nYoung People Act 2008, division 5.2.1 (Interstate transfer\ngenerally) or, while in custody under that Act, section 128\n(Lawful custody for transit through ACT); or\n(e) while at a licensed place under the Intoxicated People (Care and\nProtection) Act 1994; or\n(f) while in, being taken into, or after being taken into, the custody\nof a custodial officer; or\n(g) while escaping, or attempting to escape, from the custody of a\ncustodial officer, other than a carer under the Intoxicated People\n(Care and Protection) Act 1994.\n(2) Also, death in custody includes death because of a fatal injury\nsustained in a place, or in circumstances, mentioned in subsection (1).\n(3) For subsection (1) (c) and (d), a person is subject to an order or\narrangement—\n(a) while being taken into, or detained in, custody under the order\nor arrangement; or\n\n(b) while being restrained, or otherwise being provided with care,\nunder the order or arrangement; or\n(c) while otherwise subject to the order or arrangement.\n3D Who is a custodial officer?\nIn this Act:\ncustodial officer means any of the following:\n(a) a police officer;\n(b) the person in charge of a correctional centre;\n(c) a corrections officer;\n(d) the chief psychiatrist;\n(e) a mental health officer;\n(f) the director-general responsible for the Children and Young\nPeople Act 2008 or an authorised person under that Act;\n(g) the sheriff, a deputy sheriff, or a person appointed to assist the\nsheriff, under the Supreme Court Act 1933;\n(h) a carer under the Intoxicated People (Care and Protection)\nAct 1994.\n\n","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Establishment","content":"4 Establishment\n(1) The Coroner’s Court established under the Coroners Act 1956,\nsection 3 continues in force as the Coroner’s Court.\n(2) The court is constituted by a single coroner.\n(3) The court is a court of record.\n","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Coroners","content":"5 Coroners\n(1) A magistrate, other than a special magistrate, is a coroner for the\nTerritory.\n(2) The Chief Coroner may appoint a special magistrate as a coroner for\nthe Territory.\n","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Chief Coroner","content":"6 Chief Coroner\nThe person for the time being occupying the office of Chief\nMagistrate is the Chief Coroner.\n\nThe Coroner’s Court Part 2\nAppointment etc of coroners Division 2.2\n","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Chief Coroner’s functions","content":"7 Chief Coroner’s functions\n(1) The Chief Coroner is responsible for ensuring the orderly and\nexpeditious discharge of the business of the court.\n(2) Subject to this Act, and after such consultation with the coroners of\nthe court as is appropriate and practicable, the Chief Coroner must\nmake such arrangements about the coroner who is to constitute a court\nin a particular matter or class of matters as the Chief Coroner thinks\nfit.\n","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Deputy coroners","content":"8 Deputy coroners\n(1) The Executive may, by instrument, appoint a person to be a deputy\ncoroner.\n(2) The appointment is on the conditions not provided for by this Act or\nanother territory law that are stated in the deputy coroner’s instrument\nof appointment.\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Deputy coroners’ functions","content":"9 Deputy coroners’ functions\n(1) Subject to the directions of the Chief Coroner, a deputy coroner has\nand may exercise the functions of a coroner.\n(2) The Chief Coroner must not direct a deputy coroner to hold an inquest\ninto a death in care or death in custody.\n(3) A deputy coroner who is a doctor is not competent or compellable to\nhold an inquest into the cause of the death of a person whom the\ndeputy coroner attended professionally at or immediately before the\ndeath of the person or during the last illness of the person.\n\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Oath to be taken by coroner or deputy coroner","content":"10 Oath to be taken by coroner or deputy coroner\n(1) A coroner or deputy coroner must not exercise a function of office\nbefore taking an oath in accordance with schedule 1, part 1.1 or\npart 1.2.\n(2) A judge of the Supreme Court or a person authorised for the purpose\nby the Attorney-General may administer the oath to the coroner or\ndeputy coroner.\nNote Oath includes affirmation and take an oath includes make an affirmation\n(see Legislation Act, dict, pt 1).\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Registrar and deputy registrars","content":"11 Registrar and deputy registrars\n(1) The registrar of the Magistrates Court is the registrar of the court.\n(2) Each deputy registrar of the Magistrates Court is a deputy registrar of\nthe court.\n(3) The registrar of the court may appoint such deputy registrars of the\ncourt as the registrar considers necessary for this Act.\n","sortOrder":13},{"sectionNumber":"11A","sectionType":"section","heading":"Coroner for matter not available","content":"11A Coroner for matter not available\n(1) This section applies if a person who is a coroner constituting a court\nin a particular matter ceases to hold office as a coroner, or ceases to\nbe available, before the coroner finishes dealing with the matter.\n(2) The Chief Coroner must arrange for another coroner to constitute the\ncourt in the matter.\n(3) The other coroner may deal with the matter as the other coroner\nconsiders appropriate.\ndeal with the matter afresh\n\nThe Coroner’s Court Part 2\nAppointment etc of coroners Division 2.2\n(4) In this section:\nceases to be available––a person ceases to be available for a matter\nif the person is unable to act as a coroner in relation to the matter\nbecause of illness, absence or an inability or unwillingness to deal\nwith the matter.\nmatter includes a class of matters.\n\n","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"General functions and jurisdiction of coroner","content":"12 General functions and jurisdiction of coroner\n(1) A coroner has the functions and jurisdiction given by this Act or any\nother territory law.\n(2) Except as otherwise provided by this Act, a coroner also has all the\nfunctions and jurisdiction that were vested in a coroner immediately\nbefore the commencement of the Coroners Act 1956.\n","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Coroner’s jurisdiction in relation to deaths","content":"13 Coroner’s jurisdiction in relation to deaths\n(1) A coroner must hold an inquest into the manner and cause of death of\na person who—\n(a) dies violently, or unnaturally, in unknown circumstances; or\n(b) dies under suspicious circumstances; or\n(c) dies and the death appears to be completely or partly attributable\nto an operation or procedure; or\n(d) dies after having undergone an operation or procedure and in\ncircumstances that, in the opinion of the Chief Coroner, should\nbe better ascertained; or\n(e) dies and a doctor has not given a certificate about the cause of\ndeath; or\n(f) dies not having been attended by a doctor at any time within the\nperiod commencing 6 months before the death; or\n(g) dies after an accident where the cause of death appears to be\ndirectly attributable to the accident; or\n\nJurisdiction of coroners Part 3\nInquests into deaths Division 3.1\n(h) dies, or is suspected to have died, in circumstances that, in the\nopinion of the Attorney-General, should be better ascertained;\nor\n(i) dies in care or custody.\n(2) However, subsection (1) (i) does not apply in relation to a person who\nhas self-administered, or been administered, an approved substance\nin accordance with the Voluntary Assisted Dying Act 2024.\n(3) A coroner has jurisdiction to hold an inquest into the manner and\ncause of death, outside the ACT, of a person, if—\n(a) the person was ordinarily resident in the ACT; and\n(b) the death happened in any of the circumstances referred to in\nsubsection (1).\n(4) A coroner has jurisdiction to hold an inquest even though—\n(a) the body of the deceased—\n(i) is not within the ACT; or\n(ii) has been destroyed; or\n(iii) is in a place from which it cannot be recovered; or\n(b) in the case of a suspected death—the body of the deceased\ncannot be found.\n(5) In this section:\noperation or procedure—\n(a) means—\n(i) an operation of a medical, surgical, dental or similar nature;\nor\n(ii) an invasive medical or diagnostic procedure; but\n\n(b) does not include the administration of an approved substance by\nor to a person in accordance with the Voluntary Assisted Dying\nAct 2024.\nNote A coroner may, or may not, conduct a hearing into a death (see div 5.1\n(Hearings)).\n","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Control and release of body of deceased","content":"15 Control and release of body of deceased\n(1) This section applies if—\n(a) a death happens in relation to which a coroner is required to hold\nan inquest; and\n(b) the body of the deceased is in the ACT.\n(2) A coroner has control of the body of the deceased until a certificate\nauthorising its release is given under subsection (3).\n(3) A coroner may give a certificate authorising the release of the body\nof the deceased if satisfied there is no reason why the body should not\nbe buried, cremated, or taken out of the ACT for burial or cremation.\n","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Assistance to State and other Territory coroners","content":"17 Assistance to State and other Territory coroners\n(1) A coroner may exercise any of the coroner’s powers under this Act to\nassist a coroner of a State or another Territory in relation to a death in\nthat State or other Territory.\n(2) If the Attorney-General requests, a coroner must exercise any of the\ncoroner’s powers under this Act to assist a coroner of a State or\nanother Territory in relation to a death in that State or other Territory.\n\nJurisdiction of coroners Part 3\nInquiries into fires Division 3.2\n","sortOrder":18},{"sectionNumber":"17A","sectionType":"section","heading":"Considerations before exercising function or making","content":"17A Considerations before exercising function or making\ndecision\nIn exercising a function or making a decision in relation to an inquest,\na coroner must have regard to the desirability of minimising the\ncausing of distress or offence to people who, because of their cultural\nattitudes or spiritual beliefs, could reasonably be expected to be\ndistressed or offended by the exercise of the function or decision.\n","sortOrder":19},{"sectionNumber":"Div 3","sectionType":"division","heading":"2 Inquiries into fires","content":"Division 3.2 Inquiries into fires\n","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Coroner’s jurisdiction in relation to fires","content":"18 Coroner’s jurisdiction in relation to fires\n(1) A coroner must hold an inquiry into the cause and origin of a fire that\nhas destroyed or damaged property if asked to do so by the Attorney-\n(2) A coroner may (at the request of the owner or occupier of destroyed\nor damaged property or on the coroner’s own initiative) hold an\ninquiry into the cause and origin of a fire if the coroner considers that\nan inquiry should be held.\n(3) Where—\n(a) the owner or occupier of destroyed or damaged property\nrequests a coroner to hold an inquiry into the cause and origin of\na fire; and\n(b) the coroner is of the opinion that an inquiry into the cause and\norigin of the fire should not be held;\nthe coroner must give to each owner or occupier who requested that\nan inquiry be held written notice of the opinion and the grounds for\nthe opinion.\n\n","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Coroner’s jurisdiction in relation to disasters","content":"19 Coroner’s jurisdiction in relation to disasters\n(1) The Chief Coroner must, if requested to do so by the Attorney-\nGeneral, cause an inquiry to be held into the cause and origin of a\ndisaster.\n(2) The Chief Coroner must not cause an inquiry to be held into the cause\nand origin of a disaster except with the consent of the Attorney-\n\n","sortOrder":22},{"sectionNumber":"Part 4","sectionType":"part","heading":"Post-mortem examinations and","content":"Part 4 Post-mortem examinations and\nexhumations\n","sortOrder":23},{"sectionNumber":"19A","sectionType":"section","heading":"Meaning of ancillary examination—pt 4","content":"19A Meaning of ancillary examination—pt 4\nIn this part:\nancillary examination, in relation to the body of a person, means 1\nor more of the following procedures:\n(a) taking a sample of blood or other bodily fluids;\n(b) taking a sample of tissue, bone or hair;\n(c) taking fingerprints;\n(d) conducting radiographic imaging and examination;\n(e) conducting an external examination, including taking\nphotographs.\n","sortOrder":24},{"sectionNumber":"19B","sectionType":"section","heading":"Directions to obtain medical records","content":"19B Directions to obtain medical records\n(1) This section applies if a person has died in any of the circumstances\nin relation to which a coroner has jurisdiction to hold an inquest.\n(2) A coroner may, by order, direct a person who has responsibility for\nor control of any medical records relating to the deceased person,\nincluding someone in charge of a hospital or residential institution, to\ngive the records to the coroner or the doctor stated in the order.\na person in charge of an aged care facility or residential disability care facility is\ndirected to give a deceased person’s medical records to the coroner\n(3) Unless the coroner otherwise orders, a doctor who is given records\nunder this section must return the records to the person who gave\nthem as soon as reasonably practicable after a coroner has, under\nsection 20 (1) or section 21, dispensed with or completed a\npost-mortem examination.\n\n(4) An order under subsection (2) or (3) must be in writing.\n","sortOrder":25},{"sectionNumber":"19C","sectionType":"section","heading":"Ancillary examination","content":"19C Ancillary examination\n(1) This section applies if a person has died in any of the circumstances\nin relation to which a coroner has jurisdiction to hold an inquest.\n(2) A coroner may authorise a person, in writing, to conduct an ancillary\nexamination of the body of the person.\n","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Dispensing with post-mortem examination","content":"20 Dispensing with post-mortem examination\n(1) A coroner may dispense with a post-mortem examination of a body\nif the coroner, after considering any medical records or other\ninformation given to the coroner relating to the death, is satisfied that\nthe manner and cause of death are sufficiently disclosed.\n(2) A coroner may dispense with a post-mortem examination of a body\nif, on the request of a member of the immediate family of the deceased\nor a representative of that person, the coroner is satisfied that the\nmanner and cause of death are sufficiently disclosed.\n","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Directions to doctors to conduct post-mortem","content":"21 Directions to doctors to conduct post-mortem\nexaminations\n(1) A coroner may, by order, direct a doctor to conduct a post-mortem\nexamination of the body of a person who has died in any of the\ncircumstances in relation to which the coroner has jurisdiction to hold\nan inquest.\n(2) A coroner may, by order, direct the same or another doctor to conduct\na further or more complete post-mortem examination of a body if\nsatisfied that it is desirable to do so.\n(3) An order under subsection (1) or (2) must be in writing.\n\n","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Unavailability of doctor directed to conduct a post-","content":"22 Unavailability of doctor directed to conduct a post-\nmortem examination\nIf a doctor specified in an order under section 21 (1) or (2) is, for any\nreason, unable to conduct the post-mortem examination, the coroner\nmay—\n(a) amend the order by substituting the name of another doctor; or\n(b) direct that a specified doctor conduct the post-mortem.\n","sortOrder":29},{"sectionNumber":"23","sectionType":"section","heading":"Consideration of immediate family","content":"23 Consideration of immediate family\n(1) A coroner holding an inquest into a death (other than a death in care\nor death in custody) may, if requested to do so by a member of the\nimmediate family of the deceased or a representative of that person,\nauthorise—\n(a) the viewing of the body of the deceased by the member or a\n(b) an inspection of the scene of the death by the member or a\n(c) an inspection of the scene of an event which, in the opinion of\nthe coroner, may have resulted in the death of the person; or\n(d) the member or a representative of that member to be present at\nany post-mortem examination conducted on the body; or\n(e) the same or another doctor to conduct a further post-mortem\nexamination on the body.\n(2) If a coroner refuses to give an authorisation under subsection (1) on\nthe ground that the coroner believes that it would not be in the public\ninterest or the interests of justice to do so, the coroner must give to\nthe person who made the request written notice of the refusal and an\nexplanation for the refusal.\n\n(3) A notice under subsection (2) must include a statement that the person\nwho made the request may apply to the Chief Coroner requesting that\nthe coroner who made the decision reconsider the decision.\n","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"Reconsideration of decisions","content":"24 Reconsideration of decisions\n(1) Where—\n(a) a coroner refuses to give an authorisation under section 23 (1);\nand\n(b) the Chief Coroner receives a written application requesting that\nthe coroner who refused to give the authorisation be requested\nto reconsider the decision;\nthe Chief Coroner must, if satisfied that the applicant has sufficient\ninterest in the decision, request the coroner to whom the application\nrelates to reconsider the decision.\n(2) A request must set out the grounds on which the person relies.\n(3) The Chief Coroner must notify the applicant of any comments of a\ncoroner in response to the request.\n","sortOrder":31},{"sectionNumber":"25","sectionType":"section","heading":"Previous attending doctor entitled to observe post-","content":"25 Previous attending doctor entitled to observe post-\nmortem examination\nA doctor who attended a person professionally at or immediately\nbefore the person’s death or during the person’s last illness is entitled,\non request, to be present as an observer at a post-mortem examination\nof the body of the deceased.\n\n","sortOrder":32},{"sectionNumber":"27","sectionType":"section","heading":"Warrant for exhumation of body or recovery of ashes","content":"27 Warrant for exhumation of body or recovery of ashes\n(1) A coroner may issue a warrant for—\n(a) the exhumation for post-mortem examination of a body that has\nbeen buried; or\n(b) if the body of the deceased has been cremated—the recovery of\nthe ashes;\nif the coroner is satisfied that—\n(c) there is reasonable cause to believe that the person died in\ncircumstances in relation to which the coroner has jurisdiction\nto hold an inquest; and\n(d) a post-mortem examination of the body or an analysis of the\nashes of the deceased should be made.\n(2) If—\n(a) the body of a deceased person has been buried or cremated and\nthe inquest concerning the death of that person has not been\ncompleted; or\n(b) the Supreme Court has quashed an inquest and has directed that\na fresh inquest be held;\na coroner may, if of the opinion that—\n(c) a post-mortem examination or a more complete post-mortem\nexamination should be made of the body; or\n(d) an analysis or more complete analysis should be made of the\nashes of the deceased;\nissue a warrant for the exhumation of the body or, if practicable, for\nthe recovery of the ashes for the post-mortem examination or analysis\nor the more complete post-mortem examination or analysis.\n\n(3) Where—\n(a) the body of a person who died outside the ACT has been buried\nin the ACT or the ashes of a person who so died are in the ACT;\nand\n(b) a coroner having jurisdiction in the place where the person died\ninforms a coroner that—\n(i) an inquest is to be, or is being, held into the cause of the\ndeath of the person; and\n(ii) it is desirable that a post-mortem examination or a more\ncomplete post-mortem examination should be made of the\nbody or an analysis or more complete analysis be made of\nthe ashes;\nthe coroner may issue a warrant for the exhumation of the body or for\nthe recovery of the ashes of the deceased for a post-mortem\nexamination or a more complete post-mortem examination or an\nanalysis or more complete analysis of the ashes.\n","sortOrder":33},{"sectionNumber":"29","sectionType":"section","heading":"Form of warrant for exhumation","content":"29 Form of warrant for exhumation\nA warrant for the exhumation of the body or the recovery of the ashes\nof a person must—\n(a) authorise the police officer to whom it is directed to exhume the\nbody or recover the ashes of the person named in the warrant;\nand\n(b) direct the person to whom it is directed to take the body or ashes\nto the place specified in the warrant as the place for the post-\nmortem examination of the body or analysis of the ashes.\n\n","sortOrder":34},{"sectionNumber":"30","sectionType":"section","heading":"Reinterment of remains or ashes","content":"30 Reinterment of remains or ashes\n(1) A coroner by whom a warrant for the exhumation of the body or the\nrecovery of the ashes of a person was issued must, as soon as the\ncoroner is satisfied that the exhumed body should be reinterred or the\nashes returned to the person entitled to them, by order, direct a person\nnamed in the order to reinter the body or return the ashes.\n(2) The coroner must give a copy of an order under subsection (1) to a\nmember of the immediate family of the deceased or a representative\nof that member.\n","sortOrder":35},{"sectionNumber":"31","sectionType":"section","heading":"Removal of body or ashes for purposes of inquest","content":"31 Removal of body or ashes for purposes of inquest\noutside the ACT\n(a) the body of a person who has died outside the ACT is lying, or\nthe ashes of a deceased are, in the ACT; and\n(b) a coroner is informed by a coroner having jurisdiction in the\nplace where the person died that an inquest is to be held in that\nplace into the manner and cause of the death of the person;\nthe coroner may make an order directing a person named in the order\nto remove the body or ashes to the place where the inquest is to be\nheld.\n(2) If a coroner makes an order under subsection (1), the coroner must—\n(a) notify the registrar-general; and\n(b) give to the registrar-general any particulars mentioned in\nsection 56 (2) that are known to the coroner.\n\n","sortOrder":36},{"sectionNumber":"32","sectionType":"section","heading":"Report by doctor or analyst","content":"32 Report by doctor or analyst\nIf, under section 21, section 27 or section 71, a post-mortem\nexamination of the body, or an analysis of the ashes, of a deceased is\ncarried out, the person carrying out the examination or analysis must,\nas soon as practicable after the examination or analysis is\ncompleted—\n(a) give a report to the coroner by whom the order was made; and\n(b) if a request has been made under section 71—give a report to\nthe person who made the request, or the person’s representative\nor a representative (if any) of the deceased.\n","sortOrder":37},{"sectionNumber":"33","sectionType":"section","heading":"Assistance at post-mortems etc","content":"33 Assistance at post-mortems etc\n(1) This section applies if a coroner—\n(a) authorises an ancillary examination; or\n(b) makes an order for a post-mortem examination, reinterment or\nanalysis of ashes; or\n(c) issues a warrant for an exhumation of a body or the recovery of\nthe ashes of a deceased.\n(2) The coroner may authorise a person, in writing, to assist in the\nancillary or post-mortem examination, reinterment, exhumation,\nanalysis or recovery.\n(3) A doctor who is authorised to conduct the ancillary examination or\nordered to conduct the post-mortem examination, may authorise a\nperson, in writing, to assist with the examination.\n\n","sortOrder":38},{"sectionNumber":"34","sectionType":"section","heading":"Hearings","content":"34 Hearings\nFor an inquest or inquiry, a coroner may conduct a hearing.\n","sortOrder":39},{"sectionNumber":"34A","sectionType":"section","heading":"Decision not to conduct hearing","content":"34A Decision not to conduct hearing\n(1) A coroner may decide not to conduct a hearing into a death if, after\nconsideration of information given to a coroner relating to the death\nof a person, the coroner is satisfied that—\n(a) the manner and cause of death are sufficiently disclosed; and\n(b) a hearing is unnecessary.\n(2) A coroner must not dispense with a hearing into a death of a person,\nif the coroner has reasonable grounds for believing the death is a death\nin care or death in custody.\n(3) A coroner who decides not to conduct a hearing into a death must\ngive to the Chief Coroner and a member of the immediate family of\nthe deceased written notice of the decision including the grounds for\nthe decision.\n","sortOrder":40},{"sectionNumber":"35","sectionType":"section","heading":"Time and place of hearing","content":"35 Time and place of hearing\nA coroner must fix the time and place of a hearing.\n","sortOrder":41},{"sectionNumber":"36","sectionType":"section","heading":"Adjournment of hearing","content":"36 Adjournment of hearing\nA coroner may, by order made in or outside the court, adjourn a\nhearing from time to time and from place to place.\n\n","sortOrder":42},{"sectionNumber":"37","sectionType":"section","heading":"Notification of immediate family","content":"37 Notification of immediate family\n(1) Before conducting a hearing for an inquest into a death (other than a\ndeath in care or death in custody), the coroner must, at the earliest\nopportunity, take reasonable steps to notify a member of the\nimmediate family of the deceased person about the time and place of\nthe hearing.\n(2) Nothing in subsection (1) prevents a coroner from conducting a\nhearing if the coroner believes, on reasonable grounds, that it would\nbe in the public interest or the interests of justice to do so.\n","sortOrder":43},{"sectionNumber":"38","sectionType":"section","heading":"Notice relating to conduct of hearing","content":"38 Notice relating to conduct of hearing\nA coroner must, where practicable, not less than 28 days before\nconducting a hearing, give public notice of the date, time and place\nof the hearing.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\n","sortOrder":44},{"sectionNumber":"39","sectionType":"section","heading":"Inquests into non-custodial deaths and inquiries—","content":"39 Inquests into non-custodial deaths and inquiries—\ndiscretion to appoint counsel assisting\n(1) A coroner may appoint a lawyer as counsel to assist the coroner\n(counsel assisting) in an inquest (other than for a death in care or\ndeath in custody) or inquiry if the coroner is satisfied that—\n(a) it is in the interests of justice to have a lawyer assist the\ncoroner—\n(i) in the inquest or inquiry; or\n(ii) by appearing at a hearing in the inquest or inquiry; and\n(b) the lawyer appointed—\n(i) has the appropriate skills and experience necessary to assist\nthe coroner in the inquest or inquiry; and\n\n(ii) does not have an actual or perceived conflict of interest\n(based on the lawyer’s personal or professional\ncircumstances) that would prevent the lawyer from\nproperly carrying out the functions of counsel assisting\nunder this Act.\n(2) An appointment under subsection (1) may be made either generally\nor in relation to a particular matter.\n(3) If a coroner appoints the director of public prosecutions as counsel\nassisting in an inquest or inquiry, the director may, unless the\nappointment states otherwise, authorise a lawyer who meets the\nrequirements mentioned in subsection (1) (b) to act in the director’s\nname.\nNote A coroner must appoint a lawyer as counsel assisting in an inquest into a\ndeath in care or a death in custody (see s 72).\n","sortOrder":45},{"sectionNumber":"39A","sectionType":"section","heading":"Functions of counsel assisting","content":"39A Functions of counsel assisting\n(1) The functions of counsel assisting include the following:\n(a) assisting the coroner as required by the coroner in the inquest or\ninquiry;\n(b) if there is a hearing for the inquest or inquiry—\n(i) appearing at the hearing; and\n(ii) presenting evidence and examining witnesses at the\nhearing;\n(c) making submissions to the coroner on any matter relevant to the\ninquest or inquiry, including any findings that the coroner may\nmake at the end of the inquest or inquiry;\n\n(d) acting in the public interest and the interests of justice to assist\nthe coroner to decide matters of fact or law relevant to the\ninquest or inquiry.\n(2) Counsel assisting must tell the coroner as soon as practicable, in\nwriting, if he or she becomes aware of any matter that could affect his\nor her eligibility to be appointed as, or ability to exercise the functions\nof, counsel assisting.\n(3) In this section:\ncounsel assisting means a lawyer appointed under section 39 or\nsection 72.\nexamining, a witness, includes cross-examining and re-examining\nthe witness.\n","sortOrder":46},{"sectionNumber":"39B","sectionType":"section","heading":"Counsel assisting—revocation of appointment","content":"39B Counsel assisting—revocation of appointment\nA coroner must revoke a lawyer’s appointment under section 39 or\nsection 72—\n(a) if satisfied on reasonable grounds that the lawyer is not, or is no\nlonger, eligible for appointment under the section, or is unable\nto properly exercise the functions of counsel assisting; or\n(b) for any other reason prescribed by regulation.\n","sortOrder":47},{"sectionNumber":"40","sectionType":"section","heading":"Hearing in public except in certain cases","content":"40 Hearing in public except in certain cases\n(1) Subject to subsection (2), a hearing must be in public.\n(2) If a coroner is of the opinion that it is desirable in the public interest\nor in the interests of justice to do so, the coroner may, by order—\n(a) direct that a hearing or part of it must take place in private and\ngive directions about the people who may be present; and\n(b) give directions prohibiting or restricting the publication or\ndisclosure of evidence whether or not a hearing has been held.\n\n(3) A person commits an offence if the person engages in conduct that\ncontravenes an order.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\n","sortOrder":48},{"sectionNumber":"41","sectionType":"section","heading":"Hearing to be held without jury","content":"41 Hearing to be held without jury\nA hearing for an inquest or inquiry must be conducted without a jury.\n","sortOrder":49},{"sectionNumber":"42","sectionType":"section","heading":"Representation at hearing","content":"42 Representation at hearing\nA coroner may grant leave to a person—\n(a) who has been summoned to give evidence in relation to an\ninquest or inquiry; or\n(b) who, in the opinion of the coroner, has a sufficient interest in the\nsubject matter of the inquest or inquiry;\nto appear in person at a hearing or to be represented by a lawyer and,\nat the hearing, to examine and cross-examine witnesses on matters\nrelevant to the inquest or inquiry to which the hearing relates.\n","sortOrder":50},{"sectionNumber":"42A","sectionType":"section","heading":"Appearance by audiovisual or audio links","content":"42A Appearance by audiovisual or audio links\n(1) This section applies if, in relation to an inquest or inquiry, or a part of\nan inquest or inquiry (the relevant proceedings), the coroner has given\na direction under the Evidence (Miscellaneous Provisions) Act 1991,\nsection 20 (1) (Territory courts may take evidence and submissions\nfrom participating States) or section 32 (1) (Territory courts may take\nevidence and submissions from another place).\n(2) If this section applies, a person who in the relevant proceedings—\n(a) is required or entitled to appear personally, whether under\nsection 42 or as a witness; or\n\n(b) is entitled to appear for another person;\nmay appear in the relevant proceedings and participate or give\nevidence in accordance with the direction.\n(3) A person who appears in relevant proceedings in accordance with this\nsection is taken to be before the coroner.\n","sortOrder":51},{"sectionNumber":"43","sectionType":"section","heading":"Power of coroner to subpoena witnesses etc","content":"43 Power of coroner to subpoena witnesses etc\n(1) If a coroner is satisfied that—\n(a) a person may be able to give evidence or produce a relevant\ndocument or other thing to the coroner; or\n(b) a person who may be able to give evidence before a coroner will\nnot voluntarily, or does not, appear at a particular time and on a\nparticular date;\nthe coroner may issue a subpoena requiring the person to appear\nbefore the coroner at a time and on a date specified in the subpoena—\n(c) to give that evidence or produce that document or thing; or\n(d) to give that evidence and produce a document or thing in the\npossession, custody or control of the person that is mentioned in\nthe subpoena; or\n(e) to produce a document or thing in the possession, custody or\ncontrol of the person that is mentioned in the subpoena.\n(2) A person is taken to have complied with a subpoena under\nsubsection (1) (a) if the person delivers the document or thing to the\ncourt before the date specified in the subpoena.\n\nWitnesses Division 5.2\n(3) A person cannot rely on the common law privileges against\nself-incrimination and exposure to the imposition of a civil penalty to\nrefuse to produce a document or other thing required under a\nsubpoena.\nNote The Legislation Act, s 171 deals with client legal privilege.\n(4) However, any information, document or other thing obtained, directly\nor indirectly, because of the production of the document or other\nthing, is not admissible in evidence against the person in a civil or\ncriminal proceeding, other than a proceeding for—\n(a) an offence in relation to the falsity or the misleading nature of\nthe document or thing; or\n(b) an offence against the Criminal Code, chapter 7 (Administration\nof justice offences).\n","sortOrder":52},{"sectionNumber":"44","sectionType":"section","heading":"Service of subpoena on witness","content":"44 Service of subpoena on witness\n(1) A subpoena may be served on a witness—\n(a) personally; or\n(b) by sending it to the witness’s last-known place of residence or\nemployment by a form of post that requires a signature on\nreceipt; or\n(c) by leaving it with a responsible adult at the witness’s last-known\nplace of residence or employment.\n(2) The subpoena must be accompanied by—\n(a) an undertaking to appear for signature by the person and return\nto a coroner by the date specified in the subpoena; and\n(b) a form to be completed by the person to claim the person’s\nreasonable costs and expenses of attendance at the inquest or\n\n(3) A person is not entitled to refuse to comply with a subpoena because\nof a failure at the time the subpoena was served to give the person the\nform.\n(4) Service of a subpoena on a witness may be proved by the oath of the\nperson who served it or by affidavit.\n","sortOrder":53},{"sectionNumber":"45","sectionType":"section","heading":"Arrest of witness","content":"45 Arrest of witness\n(a) a subpoena under section 43 has been served on the person to\nwhom it is directed; and\n(b) the person fails to attend at the time and place specified in the\nsubpoena;\nthe coroner may issue a warrant for the arrest of the person.\n(2) A warrant under subsection (1) may be directed to all police officers,\nand any police officer may execute the warrant as if it had been\ndirected specifically to the police officer by name.\n(3) The police officer who executes a warrant under subsection (2) must,\nas soon as possible after the arrest of the person named in the warrant,\ncause the person to be brought before a coroner.\n(4) Where a person so arrested is brought before a coroner, the coroner—\n(a) may direct that the person remain in custody as the coroner\ndirects; or\n(b) may release the person upon the person entering into a\nrecognisance, with or without sureties, in such sum as the\ncoroner determines that the person will attend at a time and place\nspecified in the recognisance.\n(5) If a person who has been released under subsection (4) (b) fails to\nattend at the time and place specified in the recognisance—\n(a) the coroner may issue a warrant for the arrest of the person; and\n\nWitnesses Division 5.2\n(b) the coroner may declare the recognisance of the person and the\nrecognisance of the person’s surety to be forfeited and—\n(i) the declaration is taken to be the declaration of the\nforfeiture of a recognisance under the Magistrates Court\nAct 1930, section 254 (Enforcement of recognisance); and\n(ii) the provisions of that section apply to the declaration\naccordingly.\n","sortOrder":54},{"sectionNumber":"46","sectionType":"section","heading":"People about to leave ACT—examination and production","content":"46 People about to leave ACT—examination and production\nof documents etc\n(1) If, by evidence on oath, a coroner is satisfied that—\n(a) a person is able to give material evidence or to produce a\nrelevant or material document or thing relating to an inquest or\n(b) the person is likely to be absent from the ACT during the\nconduct of a hearing;\nthe coroner may order that the evidence of that person be taken or the\ndocument or thing be produced before the coroner, at any time before\nthe hearing, in the same manner as the evidence would be taken or the\ndocument or thing be produced at the hearing.\n(2) When an order under subsection (1) is served on a person, it must be\naccompanied by a form to be completed by the person to claim the\nperson’s reasonable costs and expenses of attending the examination\nor production.\n(3) A person is not entitled to refuse to comply with an order under\nsubsection (1) because of a failure at the time the order was served to\ngive the person the form.\n\n","sortOrder":55},{"sectionNumber":"47","sectionType":"section","heading":"Rules of evidence do not apply","content":"47 Rules of evidence do not apply\nThe rules of evidence do not apply to a proceeding before the\nCoroner’s Court.\n","sortOrder":56},{"sectionNumber":"48","sectionType":"section","heading":"Evidence","content":"48 Evidence\n(1) For an inquest or inquiry, a coroner may take evidence on oath and,\nfor that purpose—\n(a) the coroner may require a witness to take an oath; and\n(b) the coroner, registrar or other appropriate officer of the court\nmay administer an oath to a witness.\nNote Oath includes affirmation and take an oath includes make an affirmation\n(see Legislation Act, dict, pt 1).\n(2) A coroner may—\n(a) require a witness to answer a question put to the witness; and\n(b) if a person appears before a coroner under a subpoena—require\nthe person to give evidence or produce a document or thing\nstated in the subpoena.\n(3) A record of evidence made for an inquest or inquiry is not, only\nbecause it is such a record, admissible in any court as evidence that a\nperson made the depositions included in the record.\n(4) Subsection (3) does not apply in relation to a prosecution for an\noffence against part 7 or the Criminal Code, chapter 7\n(Administration of justice offences).\n\nEvidence and procedure Division 5.3\n","sortOrder":57},{"sectionNumber":"49","sectionType":"section","heading":"Record of proceedings","content":"49 Record of proceedings\n(1) In this section:\nrelevant provisions means the following provisions of the\nMagistrates Court Act 1930:\n• section 314 (Registrar to give directions for preparation of\ntranscript)\n• section 315 (Applications for transcripts)\n• section 316 (Record of proceedings)\n• section 317 (Record of proceedings and transcript).\n(2) The relevant provisions apply in relation to the depositions of a\nwitness who gives evidence at a hearing as if the depositions were\ndepositions in a proceeding in the Magistrates Court and as if—\n(a) a reference to the Magistrates Court were a reference to a\ncoroner; and\n(b) a reference to the registrar of the Magistrates Court were a\nreference to the registrar of the Coroner’s Court; and\n(c) in section 315—the following subsection were substituted for\nsubsection (2):\n‘(2) A person is entitled to a copy of a record made at an inquest\nor inquiry only if the person has satisfied the registrar or a\ncoroner that the person has good reason for applying for\nthe copy.’; and\n(d) in section 316 (6)—proceedings at an inquest or inquiry were\nproceedings mentioned in that subsection; and\n(e) all other necessary changes, and any changes prescribed by\nregulation, were made.\n\n","sortOrder":58},{"sectionNumber":"50","sectionType":"section","heading":"Informal request for evidence","content":"50 Informal request for evidence\n(1) A coroner may, on being requested by a person having sufficient\ninterest in an inquest or inquiry, request another person to give\nevidence relevant to the inquest or inquiry.\n(2) The request may be made to the coroner during an inquest or inquiry,\nor before or after a hearing.\n","sortOrder":59},{"sectionNumber":"51","sectionType":"section","heading":"Access to documents etc","content":"51 Access to documents etc\nA coroner may make available to any person with sufficient interest\nin an inquest or inquiry—\n(a) any document or thing that is produced at, or the coroner intends\nto consider in relation to, an inquest or inquiry; and\n(b) any evidence relevant to the inquest or inquiry to which the\ncoroner intends to have regard.\n","sortOrder":60},{"sectionNumber":"51A","sectionType":"section","heading":"Practice and procedure for inquests and inquiries","content":"51A Practice and procedure for inquests and inquiries\n(1) An inquest or inquiry must be conducted in accordance with any\npractice or procedure for taking a step in the inquest or inquiry that is\nprescribed under this Act or another territory law under which the step\nis to be taken.\n(2) However, if a practice or procedure for taking a step in an inquest or\ninquiry is not prescribed under this Act or another territory law—\n(a) the Chief Coroner may give directions for the practice or\nprocedure (a coronial practice direction) to be followed for the\nstep; or\n(b) if the Chief Coroner has not given a coronial practice direction\nfor the step—the coroner holding the inquest or inquiry may\ngive directions about the practice or procedure to be followed in\nthe inquest or inquiry.\n\nEvidence and procedure Division 5.3\n(3) The rules may prescribe matters in relation to the practice and\nprocedure for a hearing.\n(4) In this section:\nrules means rules under the Court Procedures Act 2004 applying in\nrelation to the Coroner’s Court.\n","sortOrder":61},{"sectionNumber":"51B","sectionType":"section","heading":"Privilege in relation to self-incrimination in coronial","content":"51B Privilege in relation to self-incrimination in coronial\ninquest or inquiry\n(1) This section applies if a witness for an inquest or inquiry objects to\ngiving particular evidence, or evidence on a particular matter, on the\nground that the evidence may tend to prove that the witness—\n(a) has committed an offence against or arising under an Australian\nlaw or a law of a foreign country; or\n(b) is liable to a civil penalty.\n(2) The coroner for the inquest or inquiry must decide whether or not\nthere are reasonable grounds for the objection.\n(3) Subject to subsection (4), if the coroner decides that there are\nreasonable grounds for the objection, the coroner must not require the\nwitness to give the evidence and must tell the witness—\n(a) that the witness need not give the evidence unless required by\nthe coroner to do so under subsection (4); and\n(b) that the coroner will give a certificate under this section if the\nwitness—\n(i) willingly gives the evidence without being required to do\nso under subsection (4); or\n(ii) gives the evidence after being required to do so under\nsubsection (4); and\n(c) of the effect of the certificate.\n\n(4) The coroner may require the witness to give the evidence if the\ncoroner is satisfied that—\n(a) the evidence does not tend to prove that the witness has\ncommitted an offence against or arising under, or is liable to a\ncivil penalty under, a law of a foreign country; and\n(b) the interests of justice require that the witness give the evidence.\n(5) If the witness either willingly gives the evidence without being\nrequired to do so under subsection (4), or gives it after being required\nto do so under that subsection, the coroner must give the witness a\ncertificate under this section in relation to the evidence.\n(6) The coroner must also give a witness a certificate under this section\nif—\n(a) the objection has been overruled; and\n(b) after the evidence has been given, the coroner finds that there\nwere reasonable grounds for the objection.\n(7) In any proceeding in an ACT court or before any entity authorised by\na territory law, or by consent of parties, to hear, receive and examine\nevidence, the following evidence cannot be used against a person:\n(a) evidence given by the person in relation to which a certificate\nunder this section has been given;\n(b) evidence of any information, document or thing obtained as a\ndirect or indirect consequence of the person having given\nevidence.\n(8) However, subsection (7) does not apply to a criminal proceeding in\nrelation to the falsity of the evidence.\n(9) Subsection (7) has effect despite any challenge, review, quashing or\ncalling into question on any ground of the decision to give, or the\nvalidity of, the certificate.\n\nFindings and reports Division 5.4\n(10) A reference in this section to doing an act includes a reference to\nfailing to act.\n(11) A certificate under this section may only be given to a witness who is\nan individual.\n","sortOrder":62},{"sectionNumber":"52","sectionType":"section","heading":"Coroner’s findings","content":"52 Coroner’s findings\n(1) A coroner holding an inquest must find, if possible—\n(a) the identity of the deceased; and\n(b) when and where the death happened; and\n(c) the manner and cause of death; and\n(d) in the case of the suspected death of a person—that the person\nhas died.\n(2) A coroner holding an inquiry must find, if possible—\n(a) the cause and origin of the fire or disaster; and\n(b) the circumstances in which the fire or disaster happened.\n(3) At the conclusion of an inquest or inquiry, the coroner must record\nthe coroner’s findings in writing.\n(4) The coroner, in the coroner’s findings—\n(a) must—\n(i) state whether a matter of public safety is found to arise in\nconnection with the inquest or inquiry; and\n(ii) if a matter of public safety is found to arise—comment on\nthe matter; and\n(b) may comment on any matter about the administration of justice\nconnected with the inquest or inquiry.\n\n","sortOrder":63},{"sectionNumber":"53","sectionType":"section","heading":"Interim findings","content":"53 Interim findings\nA coroner may, at any time before concluding an inquest or inquiry,\nmake an interim finding on any matter connected with the inquest or\n","sortOrder":64},{"sectionNumber":"54","sectionType":"section","heading":"Requests for copies of findings","content":"54 Requests for copies of findings\n(1) A coroner holding an inquest (other than an inquest into a death in\ncare or death in custody) must, on the request of a member of the\nimmediate family of the deceased or a representative of that member,\nmake available a copy of the coroner’s findings to that member or\nrepresentative.\n(2) A coroner holding an inquiry into a fire must, on the request of the\nowner of the property damaged or destroyed by the fire, make\navailable a copy of the coroner’s findings to the owner.\n","sortOrder":65},{"sectionNumber":"55","sectionType":"section","heading":"Adverse comment in findings or reports","content":"55 Adverse comment in findings or reports\n(1) A coroner must not include in a finding or report under this Act\n(including an annual report) a comment adverse to a person\nidentifiable from the finding or report unless the coroner has, making\nthe finding or report, taken all reasonable steps to give to the person\na copy of the proposed comment and a written notice advising the\nperson that, within a specified period (being not more than 28 days\nand not less than 14 days after the date of the notice), the person\nmay—\n(a) make a submission to the coroner in relation to the proposed\ncomment; or\n(b) give to the coroner a written statement in relation to it.\n(2) The coroner may extend, by not more than 28 days, the period of time\nspecified in a notice under subsection (1).\n(3) If the person so requests, the coroner must include in the report the\nstatement given under subsection (1) (b) or a fair summary of it.\n\nFindings and reports Division 5.4\n","sortOrder":66},{"sectionNumber":"56","sectionType":"section","heading":"Notification of registrar-general","content":"56 Notification of registrar-general\n(1) A coroner must give notice, in writing, to the registrar-general of an\ninquest being held.\n(2) The coroner must—\n(a) if—\n(i) an inquest is adjourned because of a notice under\nsection 58 (3) (a) or the presentation of an indictment\nunder section 58 (4); or\n(ii) the coroner decides that an inquest so adjourned is, or is\nnot, to proceed further;\ngive notice, in writing, to the registrar-general; or\n(b) if the inquest—\n(i) is adjourned (otherwise than as referred to in\nparagraph (a))—give written notice to the registrar-general\nof the particulars of any interim findings; or\n(ii) is completed—give written notice to the registrar-general\nof the coroner’s findings;\ntogether with any particulars that are required to be entered by the\nregistrar-general in the register under the Births, Deaths and\nMarriages Registration Act 1997 that have come to the knowledge of\nthe coroner.\n","sortOrder":67},{"sectionNumber":"57","sectionType":"section","heading":"Report after inquest or inquiry","content":"57 Report after inquest or inquiry\n(1) A coroner may report to the Attorney-General on an inquest or an\ninquiry into a fire held by the coroner.\n(2) A coroner must report to the Attorney-General on an inquiry into a\ndisaster.\n\n(3) A report by a coroner to the Attorney-General—\n(a) must be in writing; and\n(b) must set out the coroner’s findings about any serious risks to\npublic safety that were revealed in the inquest or inquiry to\nwhich the report relates; and\n(c) may make recommendations about matters of public safety if the\nrecommendations—\n(i) relate to the coroner’s findings about a cause of death, fire\nor disaster; and\n(ii) would, in the coroner’s opinion, improve public safety.\n(4) If a report under this section contains comments or recommendations\nabout a matter of public safety, or findings about a risk to public\nsafety, the Attorney-General or another Minister must—\n(a) present the report to the Legislative Assembly not later than the\nfirst sitting week after the end of 6 months after the day the\nAttorney-General receives the report; and\n(b) present a response to the report on the same day the report is\npresented to the Legislative Assembly.\n(5) If the report contains information that could reasonably identify a\ndeceased person, before presenting the report, the Minister presenting\nthe report may deidentify the information if the Minister considers it\nappropriate to do so, having regard to—\n(a) the interests of the members of the immediate family of the\ndeceased person; and\n(b) the risk to public safety; and\n(c) whether or not it is in the public interest.\n\nIndictable offences Division 5.5\n","sortOrder":68},{"sectionNumber":"57A","sectionType":"section","heading":"Correction of errors","content":"57A Correction of errors\n(1) A coroner may amend a finding or report in relation to an inquest or\ninquiry to correct a mistake, error or omission in the finding or report.\n(2) The amendment may be made—\n(a) on the coroner’s own initiative; or\n(b) on request by a person with sufficient interest in the inquest or\n","sortOrder":69},{"sectionNumber":"58","sectionType":"section","heading":"Procedure where evidence of indictable offence or","content":"58 Procedure where evidence of indictable offence or\nindictment to be presented\n(1) Subsection (3) applies if, during an inquest or inquiry, a coroner has\nreasonable grounds for believing that, having regard to the evidence\ngiven at the inquest or inquiry, a person mentioned at the inquest or\ninquiry has committed an indictable offence.\n(2) For subsection (1), the coroner must have regard to—\n(a) the admissibility at trial of the evidence given at the inquest or\n(b) whether the director of public prosecutions, or a person who\nmay be affected by the referral to the director of public\nprosecutions of evidence relevant to the alleged offence, is, or\nhas been, given the opportunity to present or give evidence in\nconnection with the alleged offence.\n(3) The coroner—\n(a) must, by written notice, tell the director of public prosecutions\nabout the coroner’s belief; and\n\n(b) for a related indictable offence—must not proceed further with\nthe inquest or inquiry until the day worked out under\nsection 58A, other than to establish the following facts:\n(i) for an inquest—the death of a person, the person’s identity\nand the date and place of the person’s death;\n(ii) for an inquiry—the date and place of a fire or disaster.\n(4) Subsection (5) applies if, during an inquest or inquiry—\n(a) the director of public prosecutions, by written notice, tells the\ncoroner holding the inquest or inquiry that an indictment will be\npresented against a person for a related indictable offence in\nrelation to—\n(i) the death of a person who is the subject of the inquest; or\n(ii) the matter the subject of the inquiry; or\n(b) the Attorney-General presents an indictment against the person\nfor a related indictable offence.\nNote Indictment includes information, and present an indictment\nincludes lay an information (see Legislation Act, dict, pt 1).\n(5) The coroner must not proceed further with the inquest or inquiry until\nthe day worked out under section 58A unless the coroner limits the\ninquest or inquiry to establishing only the facts mentioned in\nsubsection (3) (b) (i) or (ii).\n(6) A coroner must not continue holding an inquest or inquiry if satisfied\nthat the inquest or inquiry should not be continued.\n(7) In this section:\nrelated indictable offence, in relation to an inquest or inquiry, means\nan indictable offence that raises the issue of whether a person caused\na death, suspected death, fire or disaster the subject of the inquest or\n\nIndictable offences Division 5.5\n","sortOrder":70},{"sectionNumber":"58A","sectionType":"section","heading":"When inquest or inquiry may proceed—s 58","content":"58A When inquest or inquiry may proceed—s 58\n(1) For section 58 (3) or (5), the coroner may proceed with the inquest or\ninquiry—\n(a) if a prosecution is not started on or before the day after the day\nthat is 3 months after the day the coroner—\n(i) gave notice to the director of public prosecutions under\nsection 58 (3) (a); or\n(ii) received notice from the director of public prosecutions\nunder section 58 (4) (a); or\n(b) on a day after—\n(i) the day the director of public prosecutions gives notice to\nthe coroner that—\n(A) no indictment is to be presented in relation to the\nrelated indictable offence; or\n(B) if an indictment was presented in relation to the\noffence—the director of public prosecutions has\ndiscontinued or intends to discontinue the proceeding\nstarted by the indictment; or\n(ii) if the person is not committed to stand trial for the offence\n(the person is discharged), and is not indicted for the\noffence by the director of public prosecutions or the\nAttorney-General within 28 days after the day the person\nis discharged—30 days after the day the person is\ndischarged; or\n(iii) if the person is committed for trial or indicted for the\noffence—the day after the day the director of public\nprosecutions gives notice to the coroner that the proceeding\nfor the offence has been finally decided; or\n\n(iv) if the person is found guilty of the offence, and the director\nof public prosecutions has not given notice under\nsubparagraph (iii) that the proceeding for the offence is\nfinally decided—30 days after the proceeding is finally\ndecided.\n(2) A coroner may continue an inquest or inquiry after the day mentioned\nin subsection (1), but must not make a finding inconsistent with the\njudgment or verdict of the court that finally determined the guilt or\ninnocence of the person for the related indictable offence.\n","sortOrder":71},{"sectionNumber":"59","sectionType":"section","heading":"Investigators","content":"59 Investigators\n(1) A coroner may appoint a person to assist the coroner in the\ninvestigation of any matter relating to an inquest or inquiry.\n(2) An investigator appointed under subsection (1) must—\n(a) inquire into; and\n(b) report in writing to the coroner on;\nany matter referred to the investigator by the coroner by the\ninvestigator’s instrument of appointment.\n(3) The investigator’s instrument of appointment must state—\n(a) details of the matters into which the investigator must inquire\nand report; and\n(b) any conditions of the appointment; and\n(c) any remuneration the investigator is entitled to receive.\n(4) An investigator who is a public servant is not entitled to be paid\nremuneration under subsection (3).\n\n(5) The coroner holding the inquest or inquiry in relation to which the\ninvestigations are made must have regard to the report of the\ninvestigator and give it the weight the coroner thinks fit.\n","sortOrder":72},{"sectionNumber":"60","sectionType":"section","heading":"Coroner not to be called as witness","content":"60 Coroner not to be called as witness\n(1) A coroner must not be called to give evidence in a court or judicial\nproceedings about anything coming to the coroner’s knowledge in\nexercising a function under this Act.\n(2) Subsection (1) does not apply in relation to proceedings against a\ncoroner for an offence.\n","sortOrder":73},{"sectionNumber":"61","sectionType":"section","heading":"Coroner not required to view the subject matter of","content":"61 Coroner not required to view the subject matter of\ninquest or inquiry\nUnless a coroner considers it advisable to do so, it is not necessary\nfor the coroner—\n(a) to view the body or ashes of a person; or\n(b) to inspect the scene of an event, being an event that, in the\nopinion of the coroner, may have resulted in the death of the\nperson; or\n(c) to view the scene of a fire or disaster.\n","sortOrder":74},{"sectionNumber":"62","sectionType":"section","heading":"Coroner may act on a Sunday","content":"62 Coroner may act on a Sunday\n(1) A coroner may hold an inquest, inquiry or hearing on a Sunday if of\nthe opinion that it is necessary or desirable to do so.\n(2) A coroner may do any act or issue any subpoena, warrant or order on\na Sunday.\n","sortOrder":75},{"sectionNumber":"63","sectionType":"section","heading":"Police assistance","content":"63 Police assistance\n(1) A coroner may, in writing, request the chief police officer for the\nassistance of a police officer in an investigation for an inquest or\n\n(2) The chief police officer must, as far as practicable, comply with a\nrequest under subsection (1).\n(3) Any act or thing done by a police officer pursuant to subsection (1) is\ntaken to have been done by or on behalf of the coroner who made the\nrequest.\n","sortOrder":76},{"sectionNumber":"64","sectionType":"section","heading":"Request for hearing or for reconsideration of certain","content":"64 Request for hearing or for reconsideration of certain\ndecisions\n(1) The Chief Coroner may, on application in writing by a person,\narrange for a hearing to be conducted for an inquest or an inquiry into\na fire.\n(2) Subject to subsection (3), the Chief Coroner must—\n(a) on application by a person requesting that a coroner who made\na decision to dispense with or to conclude a hearing, reconsider\nthe decision; and\n(b) if satisfied that the applicant has sufficient interest in the inquest\nor inquiry into a fire to which the hearing relates;\nrequest the coroner to whom the application relates to reconsider the\ndecision.\n(3) If the application relates to a decision of the Chief Coroner, the Chief\nCoroner must, if satisfied that the applicant has sufficient interest in\nthe inquest or inquiry into a fire, reconsider the decision.\n(4) An application made to the Chief Coroner must—\n(a) be in writing; and\n(b) set out the grounds on which the person relies.\n(5) The coroner must respond to the Chief Coroner’s request within\n14 days after receipt of the request.\n\n(6) If—\n(a) after reconsidering the original finding, the coroner who made it\nnotifies the Chief Coroner that the coroner does not intend to\nconduct a hearing or to alter the finding; or\n(b) the coroner in relation to whose finding the request was made is\nunavailable (for whatever reason) to reconsider the finding;\nthe Chief Coroner must arrange for a hearing to be conducted, if\nsatisfied that a hearing should be conducted.\n(7) The Chief Coroner, within 14 days after receiving the coroner’s\nresponse under subsection (5), must—\n(a) if the coroner intends to conduct a hearing, or the Chief Coroner\nis satisfied under subsection (6) that a hearing should be\nconducted—give the applicant notice in writing that a hearing\nwill be conducted; or\n(b) if the Chief Coroner is not satisfied under subsection (6) that a\nhearing should be conducted—give the applicant the following:\n(i) notice in writing that a hearing will not be conducted;\n(ii) if the coroner was available to reconsider the original\nfinding—a written statement setting out any comments by\nthe coroner in response to the applicant’s request, and the\ncoroner’s reasons for not conducting a hearing or altering\nthe original finding;\n(iii) a written statement setting out the Chief Coroner’s reasons\nfor not being satisfied that a hearing should be conducted.\n(8) An explanation under subsection (7) (b) (ii) must include a statement\nto the effect that application may be made to the Supreme Court,\nwithin 30 days after receipt of the notice, for an order that a hearing\nbe conducted.\n\n","sortOrder":77},{"sectionNumber":"65","sectionType":"section","heading":"Restriction of access","content":"65 Restriction of access\n(1) A coroner holding an inquest or an inquiry may take reasonable steps\nto restrict access to the scene of the death of a person, the scene of an\nevent that, in the opinion of the coroner, may have resulted in the\ndeath, or the place where the fire or disaster happened.\n(2) A person commits an offence if the person enters or interferes with\nan area to which access is restricted under subsection (1).\nMaximum penalty: 100 penalty units.\n(3) An offence against this section is a strict liability offence.\n(4) This section does not apply to a police officer, a member of an\nemergency service or a person assisting the coroner unless the\ncoroner orders otherwise.\n","sortOrder":78},{"sectionNumber":"66","sectionType":"section","heading":"Search warrants","content":"66 Search warrants\n(1) A coroner may issue a warrant if the coroner believes on reasonable\ngrounds that it is necessary for an inquest or inquiry.\n(2) A warrant must authorise a police officer named in the warrant with\nsuch assistance, and by such force, as is necessary and reasonable—\n(a) to enter a place; and\n(b) to search the place for a document or thing relevant to the\ninquest or inquiry; and\n(c) to take any measurements or photographs of the place or any\nthing in or on the place; and\n(d) to inspect, or take copies of, or extracts from, any document in\nor on the place that is, or is reasonably believed to be, relevant\nto the inquest or inquiry; and\n(e) to seize any document or thing that the coroner believes on\nreasonable grounds to be relevant to the inquest or inquiry; and\n(f) to deliver anything so seized to the coroner.\n\n(3) A warrant may authorise an investigator to accompany the police\nofficer named in the warrant and to exercise any of the powers under\nsubsection (2) that are specified in the warrant.\n(4) A warrant must—\n(a) state the purpose for which it is issued; and\n(b) specify particular hours during which the entry is authorised or\nstate that the entry is authorised at any time of the day or night;\nand\n(c) include a description of the kind of things in relation to which\nthe powers under the warrant may be exercised; and\n(d) specify the date, being a date not later than 1 month after the\ndate of issue of the warrant, on which the warrant ceases to have\neffect.\n(5) A warrant may be executed, in accordance with its terms, at any time\nduring the period commencing on the date of issue of the warrant and\nending at the expiration of the date specified for the purpose of\nsubsection (4) (d).\n(6) Before exercising a power under a warrant, the person executing the\nwarrant must give a copy of the warrant to the owner or occupier of\nthe place to which it relates.\n(7) If, in the course of searching under a warrant for a thing relevant to\nan inquest or inquiry—\n(a) the person executing the warrant finds a thing that the person\nbelieves on reasonable grounds to be connected with the matter\ninto which the coroner is inquiring, although not of a kind\nspecified in the warrant; and\n(b) the person believes on reasonable grounds that it is necessary to\nseize that thing in order to prevent its being concealed, lost,\nmutilated, destroyed or disposed of;\nthe person may seize that thing and must deliver it to the coroner.\n\n","sortOrder":79},{"sectionNumber":"67","sectionType":"section","heading":"Inspection and retention of seized things","content":"67 Inspection and retention of seized things\n(1) A coroner may—\n(a) inspect a document or other thing produced before, or delivered\nto, the coroner and make copies of, or take extracts from, any\nparts of the document that are relevant to a matter the subject of\nthe inquest or inquiry; and\n(b) retain possession of the document or thing for the period\nnecessary for the inquest or inquiry to which the document or\nthing relates.\n(2) A person otherwise entitled to possession of a document retained\nunder subsection (1) (b) is entitled to be supplied with a copy of the\ndocument certified by the coroner to be a true copy.\n(3) A certified copy of a document must be received in all courts as\nevidence as if it were the original.\n(4) Until the certified copy is supplied, the coroner must, at any times and\nplaces the coroner thinks appropriate, permit—\n(a) the person otherwise entitled to possession of the document; or\n(b) a person authorised by that person;\nto inspect and make copies of, or take extracts from, the document.\n(5) If the retention of a document or other thing by a coroner ceases to be\nnecessary for an inquest or inquiry, the coroner must, if a person who\nappears to the coroner to be entitled to the document or thing requests,\ngive the document or thing to the person.\n(6) On the completion of an inquest or inquiry, a coroner must take all\nreasonably practical steps to give any thing taken or seized under this\ndivision to the person whom the coroner reasonably believes to be\nentitled to it.\n\nOther requirements Division 5.7\n","sortOrder":80},{"sectionNumber":"68","sectionType":"section","heading":"Chief Coroner—power to hold fresh inquest or inquiry","content":"68 Chief Coroner—power to hold fresh inquest or inquiry\n(1) Even though an inquest or an inquiry into a fire has been completed,\nthe Chief Coroner may—\n(a) of the Chief Coroner’s motion; or\n(b) at the request of a person;\narrange for the holding of a fresh inquest or an inquiry into the fire.\n(2) The Chief Coroner must not arrange for the holding of an inquest or\ninquiry under subsection (1) unless satisfied that—\n(a) by reason of the discovery of new facts or evidence of material\nsignificance to the inquest or inquiry that was not available to be\nput before a coroner at the time of the previous inquest or\n(b) it is desirable in the public interest or the interests of justice to\ndo so.\n","sortOrder":81},{"sectionNumber":"68A","sectionType":"section","heading":"Coroner to give information to immediate family","content":"68A Coroner to give information to immediate family\n(1) A coroner required to hold an inquest must tell a member of the\nimmediate family of a deceased person (a family representative) to\nwhom the inquest relates that an inquest will be held.\n(2) After the inquest has begun, the coroner holding the inquest must take\nreasonable steps to ensure that any information prescribed by\nregulation is given to a family representative.\n(3) However, a requirement under subsection (1) or (2) does not apply if\nthe coroner is satisfied on reasonable grounds that—\n(a) for subsection (1)—no member of the immediate family wishes\nto be told about the holding of an inquest, or it is impracticable\nto tell any of the members of the immediate family; or\n\n(b) for subsection (2)—no member of the immediate family wishes\nto be given information prescribed for the subsection, or it is\nimpracticable to give the information to any of the members of\nthe immediate family.\n(4) When carrying out a requirement under this section—\n(a) the coroner must, as far as practicable, select a family\nrepresentative who is in a position to give members of the\nimmediate family information from the coroner; and\n(b) the coroner may select more than 1 family representative.\n\n","sortOrder":82},{"sectionNumber":"68B","sectionType":"section","heading":"Definitions—pt 5A","content":"68B Definitions—pt 5A\nIn this part:\ncoronial investigation scene means a coronial investigation scene\nestablished under section 68D.\ncoronial investigation scene declaration means a declaration made\nunder section 68F (2).\ncoronial investigation scene order means an order issued under\nsection 68C (1), and includes an order extended under\nsection 68C (4).\ncoronial investigation scene power means a power mentioned in\nsection 68E.\n","sortOrder":83},{"sectionNumber":"68C","sectionType":"section","heading":"Coronial investigation scene order","content":"68C Coronial investigation scene order\n(1) If a coroner is satisfied that an investigation for an inquest or inquiry\nshould be carried out at a particular place, the coroner may issue an\norder to a police officer or other person to—\n(a) establish a coronial investigation scene at a stated place; and\n(b) exercise coronial investigation scene powers at the place stated\nin the order; and\n(c) enter and stay at the place for those purposes.\n(2) A coronial investigation scene order—\n(a) may be issued at any time before the end of an inquest or inquiry;\nand\n(b) must state—\n(i) the date and time the order is issued; and\n\n(ii) the date, within 30 days after the order was made, the order\nends; and\n(iii) any conditions applying under the order.\n(3) A coroner may, before a coronial investigation order ends (a current\norder), order an extension of the current order for an additional period\n(an extension period) if—\n(a) the date the extension period ends is within 30 days after the day\nthe current order ends; and\n(b) the coroner is satisfied that an extension of the current order is\nin the interests of justice.\n(4) A coroner may make an order under subsection (3)—\n(a) more than once; and\n(b) whether or not the coroner issued the current order.\n(5) A coronial investigation scene order may be issued to a police officer\nin writing or orally or to anyone else in writing.\n(6) However, an order that is issued to a police officer orally must, as\nsoon as practicable, be given to the police officer in writing.\n(7) A police officer or other person acting under a coronial investigation\nscene order may obtain the assistance of anyone else for the purpose\nof exercising powers under section 68E (Coronial investigation scene\npowers).\n(8) In this section:\nplace means a place of any kind, whether or not a public place.\n\n","sortOrder":84},{"sectionNumber":"68D","sectionType":"section","heading":"Establishment of coronial investigation scene","content":"68D Establishment of coronial investigation scene\n(1) A police officer or other person may establish a coronial investigation\nscene under a coronial investigation scene order in any way that is\nreasonably appropriate in the circumstances.\n(2) A police officer or other person who establishes a coronial\ninvestigation scene at a place must, if reasonably appropriate in the\ncircumstances, tell the public that the place is a coronial investigation\nscene.\n","sortOrder":85},{"sectionNumber":"68E","sectionType":"section","heading":"Coronial investigation scene powers","content":"68E Coronial investigation scene powers\nA police officer or other person may, in accordance with a coronial\ninvestigation scene order, exercise any of the following powers at, or\nin relation to, a coronial investigation scene if the police officer or\nother person suspects on reasonable grounds that it is necessary to do\nso to preserve evidence related to the coronial investigation:\n(a) direct a person to leave the scene or remove a vehicle, vessel or\naircraft from the scene;\n(b) remove from the scene—\n(i) a person who fails to comply with a direction to leave the\nscene; or\n(ii) a vehicle, vessel or aircraft if a person fails to comply with\na direction to remove it from the scene;\n(c) direct a person not to enter the scene;\n(d) prevent a person from entering the scene;\n(e) prevent a person from removing evidence from, or otherwise\ninterfering with, the scene or anything in it and, for that purpose,\ndetain and search the person;\n(f) remove an obstruction from the scene;\n\n(g) perform any necessary investigation;\nExamples\n1 search the scene\n2 inspect anything in the scene to obtain evidence in relation to an inquest\nor inquiry\n(h) conduct any necessary examination or process;\n(i) open anything at the scene that is locked;\n(j) take electricity, gas or any other utility, for use at the scene;\n(k) photograph or otherwise record the scene and anything in it;\n(l) seize and detain all or part of a thing that might provide evidence\nin relation to an inquest or inquiry or provide evidence of the\ncommission of an offence;\n(m) dig up anything at the scene;\n(n) remove wall or ceiling linings or floors of a building, or panels\nof a vehicle;\n(o) take possession of the remains of a deceased person on behalf of\nthe coroner, including body tissue, clothing and items apparently\nin the possession of the deceased person;\n(p) remove or cause the removal of the remains of a deceased person\nto any location nominated by the coroner;\n(q) anything else reasonably necessary or incidental to the\ninvestigation.\n","sortOrder":86},{"sectionNumber":"68F","sectionType":"section","heading":"Senior police officer may establish scene for expected","content":"68F Senior police officer may establish scene for expected\ncoronial investigation\n(1) This section applies if—\n(a) a coroner is not available to decide whether to issue a coronial\ninvestigation scene order for a particular place; and\n\n(b) a senior police officer believes on reasonable grounds that—\n(i) a coroner is likely to issue a coronial investigation scene\norder for the place; and\n(ii) it is necessary to preserve the integrity of anything found\nat the place that appears relevant to the death of a person.\n(2) The senior police officer may make a coronial investigation scene\ndeclaration for the place.\n(3) A coronial investigation scene declaration—\n(a) comes into force when it is made by the senior police officer;\nand\n(b) ends when whichever of the following happens first:\n(i) a coronial investigation order is issued for the place;\n(ii) the period of 24 hours after the declaration was made ends;\nand\n(c) may include any conditions on the exercise of a power\nmentioned in subsection (4) that the senior police officer\nconsiders appropriate.\n(4) While a declaration is in force, a police officer at the place may,\nsubject to any condition in the declaration, exercise any power\nmentioned in section 68E (Coronial investigation scene powers) as if\nthe declaration were a coronial investigation scene order.\n(5) A coronial investigation scene declaration may be made in writing or\norally.\n(6) However, a declaration made orally must, as soon as practicable, be\nmade in writing.\n(7) In this section:\nsenior police officer means the chief police officer or another police\nofficer of or above the rank of superintendent.\n\n","sortOrder":87},{"sectionNumber":"68G","sectionType":"section","heading":"Exercise of investigation scene powers under pt 5A","content":"68G Exercise of investigation scene powers under pt 5A\n(1) Investigation scene powers given to a police officer or other person\nunder this part may be exercised by the police officer or other person\nin any way that—\n(a) the officer or other person considers reasonable in the\ncircumstances; and\n(b) is consistent with—\n(i) if a coronial investigation scene order applies—the order;\nand\n(ii) if a coronial investigation scene declaration applies—the\ndeclaration.\n(2) If a police officer or other person secures a place, the officer or other\nperson must, if it is reasonable in the circumstances, give notice to\nmembers of the public that the place is an investigation scene.\n(3) In this section:\ninvestigation scene power, under this part, means a power exercisable\nunder section 68E or section 68F (4).\n","sortOrder":88},{"sectionNumber":"68H","sectionType":"section","heading":"Part does not limit other powers","content":"68H Part does not limit other powers\nNothing in this part limits any power that a police officer or other\nperson has under another law in force in the Territory to enter a place\nor do anything else when at the place.\n\nDeaths in care and deaths in custody—additional provisions Part 6\n","sortOrder":89},{"sectionNumber":"Part 6","sectionType":"part","heading":"Deaths in care and deaths in","content":"Part 6 Deaths in care and deaths in\ncustody—additional provisions\n","sortOrder":90},{"sectionNumber":"69","sectionType":"section","heading":"Consideration of deceased’s family etc","content":"69 Consideration of deceased’s family etc\n(1) The coroner must not conduct a hearing into a death in care or death\nin custody unless satisfied that—\n(a) a member of the immediate family of the deceased has been\nnotified of the time and place of the hearing; or\n(b) reasonable efforts to notify a member of the immediate family\nof the deceased have been made but were unsuccessful;\nand, if the deceased was an Aboriginal or Torres Strait Islander\nperson, the appropriate local Aboriginal legal service has been\nnotified.\n(2) Nothing in subsection (1) prevents a coroner from conducting a\nhearing if the coroner believes, on reasonable grounds, that it would\nbe in the public interest or the interests of justice to do so.\n","sortOrder":91},{"sectionNumber":"70","sectionType":"section","heading":"Viewing of body etc","content":"70 Viewing of body etc\n(1) The coroner holding an inquest into a death in care or death in custody\nmust, if requested to do so by a member of the immediate family of\nthe deceased or a representative of that member, authorise—\n(a) the viewing of the body of the deceased by the member or a\n(b) an inspection of the scene of the death by the member or a\n(c) the member or a representative of that member to be present at\nany post-mortem examination conducted on the body; or\n\nPart 6 Deaths in care and deaths in custody—additional provisions\n(d) the same or another doctor to conduct a further post-mortem\nexamination on the body;\nunless the coroner believes, on reasonable grounds, that it would not\nbe in the interests of justice to do so.\n(2) If a coroner does not give an authorisation under subsection (1) the\ncoroner must give written notice of the decision and the reasons for\nthe decision—\n(a) to the person by whom the request was made; and\n(b) if the deceased was an Aboriginal or Torres Strait Islander\nperson—to an appropriate local Aboriginal legal service.\n","sortOrder":92},{"sectionNumber":"71","sectionType":"section","heading":"Post-mortem examinations by pathologists","content":"71 Post-mortem examinations by pathologists\nThe coroner holding an inquest into a death in care or death in custody\nmust, whenever practicable, direct a post-mortem examination to be\nmade of the body by a pathologist who has not less than 2 years\nexperience in the conduct of post-mortem examinations.\n","sortOrder":93},{"sectionNumber":"72","sectionType":"section","heading":"Inquest into death in care or death in custody—","content":"72 Inquest into death in care or death in custody—\nappointment of counsel assisting\n(1) The coroner holding an inquest into a death in care or death in custody\nmust appoint a lawyer as counsel to assist the coroner (counsel\nassisting).\n(2) An appointment under subsection (1) may be made either generally\nor in relation to a particular matter.\n(3) A lawyer appointed under subsection (1)—\n(a) must have the appropriate skills and experience necessary to\nassist the coroner in the inquest; and\n\nDeaths in care and deaths in custody—additional provisions Part 6\n(b) must not have an actual or perceived conflict of interest (based\non the lawyer’s personal or professional circumstances) that\nwould prevent the lawyer from properly carrying out the\nfunctions of counsel assisting under this Act.\nNote Section 39A (Functions of counsel assisting) and s 39B (Counsel\nassisting—revocation of appointment) apply to counsel assisting in\nan inquest into a death in care or death in custody.\n(4) If a coroner appoints the director of public prosecutions as counsel\nassisting in an inquest into a death in care or death in custody, the\ndirector may, unless the appointment states otherwise, authorise a\nlawyer who meets the requirements mentioned in subsection (3) to\nact in the director’s name.\n","sortOrder":94},{"sectionNumber":"73","sectionType":"section","heading":"Records of deaths in care and deaths in custody","content":"73 Records of deaths in care and deaths in custody\nThe registrar must keep a record of an inquest into a death in care or\ndeath in custody for a period of not less than 7 years after the\ncompletion of the inquest.\n","sortOrder":95},{"sectionNumber":"74","sectionType":"section","heading":"Findings about quality of care, treatment and supervision","content":"74 Findings about quality of care, treatment and supervision\nThe coroner holding an inquest into a death in care or death in custody\nmust include in a record of the proceedings of the inquest findings\nabout the quality of care, treatment and supervision of the deceased\nthat, in the opinion of the coroner, contributed to the cause of death.\n","sortOrder":96},{"sectionNumber":"75","sectionType":"section","heading":"Copies of reports of findings","content":"75 Copies of reports of findings\n(1) After the coroner has completed an inquest into a death in care or\ndeath in custody, the coroner must, in writing, report the findings to—\n(a) the Attorney-General; and\n(b) the agency the deceased person was in the care or custody of\nwhen the death happened and the Minister responsible for the\nagency; and\n(c) the Australian Institute of Criminology; and\n\nPart 6 Deaths in care and deaths in custody—additional provisions\n(d) if the deceased was an Aboriginal or Torres Strait Islander\nperson—an appropriate local Aboriginal legal service; and\n(e) any other person whom the coroner considers appropriate.\n(2) The coroner must make available a copy of a report of the findings\ninto a death in care or death in custody to—\n(a) a member of the immediate family of the deceased or a\nrepresentative of that member; and\n(b) a witness who appeared at an inquest into the death.\n","sortOrder":97},{"sectionNumber":"76","sectionType":"section","heading":"Response to reports","content":"76 Response to reports\n(1) The agency to which a report is given under section 75 must, not later\nthan 3 months after the date of receipt of the report, give to the\nMinister responsible for the agency a written response to the findings\ncontained in the report.\n(2) A written response under subsection (1) must include a statement of\nthe action (if any) that has been, or is being, taken in relation to any\naspect of the findings contained in the report.\n(3) The Minister who receives a response under subsection (1) must give\na copy of the response to the coroner in relation to whose findings the\nresponse relates—\n(a) as soon as practicable after receiving it; or\n(b) if a response under section 57 (4) (b) is required to be presented\nto the Legislative Assembly in relation to the same inquest, and\nthe Minister believes it is necessary to delay giving the\nresponse—no later than the day the response under\nsection 57 (4) (b) is presented to the Legislative Assembly.\n(4) The coroner must give a copy of the response to each person or\nagency to whom a copy of the report was given under section 75.\n\nOffences Part 7\n","sortOrder":98},{"sectionNumber":"76A","sectionType":"section","heading":"Application of Criminal Code, ch 7","content":"76A Application of Criminal Code, ch 7\n(1) A proceeding before the coroner is a legal proceeding for the Criminal\nCode, chapter 7 (Administration of justice offences).\nNote That chapter includes offences (eg perjury, falsifying evidence, failing to\nattend and refusing to be sworn) applying in relation to coronial\nproceedings.\n(2) To remove any doubt, a decision or action the coroner takes under\nany of the following provisions is a legal proceeding for that chapter:\n(a) section 34A (Decision not to conduct hearing);\n(b) section 20 (Dispensing with post-mortem examination);\n(c) section 27 (Warrant for exhumation of body or recovery of\nashes).\n","sortOrder":99},{"sectionNumber":"77","sectionType":"section","heading":"Obligation to report death","content":"77 Obligation to report death\n(1) A person commits an offence if the person—\n(a) knows that a death has happened; and\n(b) has reasonable grounds to believe that—\n(i) a coroner would have jurisdiction to hold an inquest in\nrelation to the death; and\n(ii) the death has not been reported to a coroner or a police\nofficer; and\n(c) does not report the death to a coroner or a police officer as soon\nas practicable after becoming aware of it and having the\nreasonable grounds mentioned in paragraph (b).\n\n(2) A police officer commits an offence if the police officer—\n(a) knows that a death has happened; and\n(b) has reasonable grounds to believe that—\n(i) a coroner would have jurisdiction to hold an inquest in\nrelation to the death; and\n(ii) the death has not been reported to a coroner; and\n(c) does not report the death to a coroner as soon as practicable after\nbecoming aware of it and having the reasonable grounds\nmentioned in paragraph (b).\n","sortOrder":100},{"sectionNumber":"78","sectionType":"section","heading":"Obligation to report death in care or death in custody","content":"78 Obligation to report death in care or death in custody\nA custodial officer commits an offence if the custodial officer—\n(a) knows of a death in care or death in custody; and\n(b) has reasonable grounds to believe that the death has not been\nreported to a coroner; and\n(c) does not report the death to a coroner as soon as practicable after\nbecoming aware of it and having the reasonable grounds\nmentioned in paragraph (b).\n","sortOrder":101},{"sectionNumber":"83","sectionType":"section","heading":"Improper dealing with body or ashes of dead person","content":"83 Improper dealing with body or ashes of dead person\nA person commits an offence if—\n(a) the person has reasonable grounds to believe that a post mortem\nexamination of the body, or an analysis of the ashes, of a dead\nperson has been, or may be, ordered under this Act; and\n\nOffences Part 7\n(b) the person interferes with or removes the body or ashes of the\ndead person with the intention of preventing or hindering the\nholding of a post-mortem examination of the body, or an\nanalysis of the ashes, being conducted under this Act.\nMaximum penalty: 200 penalty units, imprisonment for 2 years or\n","sortOrder":102},{"sectionNumber":"89","sectionType":"section","heading":"Acts and omissions of representatives","content":"89 Acts and omissions of representatives\n(1) In this section:\nperson means an individual.\nNote See the Criminal Code, pt 2.5 for provisions about corporate criminal\nresponsibility.\nrepresentative, of a person, means an employee or agent of the\nperson.\nstate of mind, of a person, includes—\n(a) the person’s knowledge, intention, opinion, belief or purpose;\nand\n(b) the person’s reasons for the intention, opinion, belief or purpose.\n(2) This section applies to a prosecution for any offence against this Act.\n(3) If it is relevant to prove a person’s state of mind about an act or\nomission, it is enough to show—\n(a) the act was done or omission made by a representative of the\nperson within the scope of the representative’s actual or\napparent authority; and\n(b) the representative had the state of mind.\n\n(4) An act done or omitted to be done on behalf of a person by a\nrepresentative of the person within the scope of the representative’s\nactual or apparent authority is also taken to have been done or omitted\nto be done by the person.\n(5) However, subsection (4) does not apply if the person establishes that\nreasonable precautions were taken and appropriate diligence was\nexercised to avoid the act or omission.\n(6) A person who is convicted of an offence cannot be punished by\nimprisonment for the offence if the person would not have been\nconvicted of the offence without subsection (3) or (4).\n\nPowers of Supreme Court Part 8\n","sortOrder":103},{"sectionNumber":"90","sectionType":"section","heading":"Application to hold hearing for inquest or inquiry into fire","content":"90 Application to hold hearing for inquest or inquiry into fire\nA person to whom notice under section 64 (7) (b) (i) has been given\nmay, within 30 days after receipt of the notice, apply to the Supreme\nCourt for an order that a hearing into a death or fire be conducted.\n","sortOrder":104},{"sectionNumber":"91","sectionType":"section","heading":"Supreme Court—general","content":"91 Supreme Court—general\nThe Supreme Court may, on application by a person, if it is of the\nopinion that it would be in the interests of justice to do so, make an\norder directing a coroner to conduct a hearing into a death or fire.\n","sortOrder":105},{"sectionNumber":"92","sectionType":"section","heading":"Supreme Court—power to order inquest or inquiry","content":"92 Supreme Court—power to order inquest or inquiry\n(1) The Supreme Court may make an order directing a coroner to conduct\na hearing into a death or fire if, on an application made by or under\nthe authority of the Attorney-General or by anyone else, it is satisfied\nthat—\n(a) a coroner does not intend to conduct a hearing into a death or\nfire; and\n(b) it is in the public interest or the interests of justice that a hearing\ninto a death or fire should be conducted.\n(2) If an application is made under subsection (1) by a person (other than\nthe Attorney-General or someone acting under the Attorney-\nGeneral’s authority), the application must be served on the Attorney-\n(3) The Attorney-General may appear on the hearing of any application\nunder subsection (1).\n\n","sortOrder":106},{"sectionNumber":"93","sectionType":"section","heading":"Supreme Court—power to quash, or order fresh, inquest","content":"93 Supreme Court—power to quash, or order fresh, inquest\nor inquiry\n(a) an inquest into the cause of the death of a person, or an inquiry\ninto the cause of a fire or disaster, has been held; and\n(b) the Supreme Court, on an application made by or under the\nauthority of the Attorney-General or by anyone else is satisfied\nthat, because of fraud, rejection of evidence, irregularity of\nproceedings, insufficiency of inquiry, discovery of new facts or\nevidence or otherwise, it is necessary or desirable in the public\ninterest or the interests of justice that the inquest or inquiry be\nquashed and that another inquest or inquiry be held;\nthe Supreme Court may order that the inquest or inquiry be quashed\nand another inquest or inquiry be held into the death, fire or disaster.\n(2) If an application is made under subsection (1) by a person (other than\nthe Attorney-General or someone acting under the\nAttorney-General’s authority), the application must be served on the\nAttorney-General.\n(3) The Attorney-General may appear on the hearing of any application\nunder subsection (1).\n\nWitness expenses and other amounts Part 9\n","sortOrder":107},{"sectionNumber":"Part 9","sectionType":"part","heading":"Witness expenses and other","content":"Part 9 Witness expenses and other\namounts\n","sortOrder":108},{"sectionNumber":"98","sectionType":"section","heading":"Witness expenses","content":"98 Witness expenses\nA coroner may allow a witness who gives evidence before the\ncoroner, whether or not the witness was subpoenaed to attend, witness\nexpenses assessed in accordance with the Court Procedures Rules\n2006, schedule 4.\n","sortOrder":109},{"sectionNumber":"99","sectionType":"section","heading":"Amounts payable to assistants","content":"99 Amounts payable to assistants\nA person who, for this Act, assists—\n(a) in the exhumation of a body; or\n(b) in the conduct of a post-mortem examination or the analysis of\nthe ashes of the deceased; or\n(c) in the reinterring of a body;\nmust be paid the amount (if any) a coroner directs.\n\n","sortOrder":110},{"sectionNumber":"99A","sectionType":"section","heading":"Contempt of Coroner’s Court","content":"99A Contempt of Coroner’s Court\n(1) A person is in contempt of the Coroner’s Court if the person—\n(a) contravenes an order of the court or an undertaking given to the\ncourt; or\n(b) commits a contempt in the face or in the hearing of the court; or\n(c) commits any other contempt of court.\nExamples—par (b)\n1 insulting a coroner, the registrar or deputy registrar of the court, or any other\ncourt officer during the officer’s sitting or attendance in court\n2 interrupting a proceeding of the court or misbehaving in court\n3 obstructing or assaulting someone in attendance in court\n4 disobeying a direction of the court at the hearing of a proceeding\n(2) The Coroner’s Court has the same power to deal with contempt of the\nCoroner’s Court as the Supreme Court has to deal with contempt of\nthe Supreme Court.\n(3) However, a contempt mentioned in subsection (1) (a) may be dealt\nwith as a contempt of court only if there is no other effective way to\nenforce the order or undertaking.\n(4) To remove any doubt, this section does not limit the Supreme Court’s\npower to deal with contempt of the Coroner’s Court.\n","sortOrder":111},{"sectionNumber":"99B","sectionType":"section","heading":"Protection if information given to coroner","content":"99B Protection if information given to coroner\n(1) An entity may give information to a coroner if—\n(a) a coroner asks the entity for the information in connection with\nthe exercise of the coroner’s functions under this Act; or\n\nMiscellaneous Part 10\n(b) the entity believes on reasonable grounds that the information is\nrelevant to the exercise of the coroner’s functions under this Act.\ninformation from a theatre nurse who was present during an operation where the\npatient died unexpectedly\n(2) If an entity gives information to a coroner under this section—\n(a) giving the information is not—\n(i) a breach of confidence; or\n(ii) a breach of professional etiquette or ethics; or\n(iii) a breach of a rule of professional conduct; and\n(b) the entity does not incur civil or criminal liability only because\nof giving the information; and\n(c) for an entity who is a public servant—the entity is not liable to\nadministrative action (including disciplinary action or\ndismissal) only because of giving the information.\n","sortOrder":112},{"sectionNumber":"100","sectionType":"section","heading":"Deaths in institutions—retention of records of dead","content":"100 Deaths in institutions—retention of records of dead\nperson\n(1) If a person dies while a patient in a hospital or other institution in\ncircumstances in which a coroner has jurisdiction to hold an inquest,\nthe person in charge of the hospital or institution must ensure that all\nrecords relating to the person who died are kept for at least 3 years\nafter the day of the death.\nMaximum penalty: 50 penalty units.\n(2) If a person dies in care or custody, the responsible person must ensure\nthat all records relating to the person who died are kept for at least\n7 years after the day of the death.\nMaximum penalty: 50 penalty units.\n(3) An offence against this section is a strict liability offence.\n\n(4) In subsection (2):\nresponsible person, in relation to a person who died in care or\ncustody, means—\n(a) if the person died in a hospital or other institution—the person\nin charge of the hospital or institution; or\n(b) in any other case—the person in charge of the agency the\ndeceased person was in the care or custody of when the death\nhappened.\n","sortOrder":113},{"sectionNumber":"100A","sectionType":"section","heading":"Attorney-general may make guidelines for responses","content":"100A Attorney-general may make guidelines for responses\n(1) The Attorney-General may make guidelines in relation to responses\nrequired under section 57 (4) (b) and section 76 including—\n(a) information to be included in the response; and\n(b) requirements for the preparation of the response.\n(2) A guideline is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n","sortOrder":114},{"sectionNumber":"101","sectionType":"section","heading":"Court seal","content":"101 Court seal\nThe Coroner’s Court must have a seal.\n","sortOrder":115},{"sectionNumber":"102","sectionType":"section","heading":"Annual report of court","content":"102 Annual report of court\n(1) The Chief Coroner must give a report relating to the activities of the\ncourt during each financial year to the Attorney-General for\npresentation to the Legislative Assembly.\n(2) The report must include particulars of—\n(a) reports prepared by coroners into deaths in care or deaths in\ncustody and findings contained in the reports; and\n(b) notices given under section 34A (3) (Decision not to conduct\nhearing); and\n\nMiscellaneous Part 10\n(c) recommendations made under section 57 (3) (Report after\ninquest or inquiry); and\n(d) responses of agencies under section 76 (Response to reports)\nincluding correspondence about the responses.\n(3) The Chief Coroner must give the report to the Attorney-General as\nsoon as practicable after the end of the financial year and, in any\nevent, within 6 months after the end of the financial year.\n(4) If the Chief Coroner considers that it will not be reasonably\npracticable to comply with subsection (3), the Chief Coroner may\nwithin that period apply, in writing, to the Attorney-General for an\nextension of the period.\n(5) The application must include a statement of reasons for the extension.\n(6) The Attorney-General may give the extension (if any) the\nAttorney-General considers reasonable in the circumstances.\n(7) If the Attorney-General gives an extension, the Attorney-General\nmust present to the Legislative Assembly, within 3 sitting days after\nthe day the extension is given—\n(a) a copy of the application given to the Attorney-General under\nsubsection (4); and\n(b) a statement by the Attorney-General stating the extension given\nand the Attorney-General’s reasons for giving the extension.\n(8) The Attorney-General must present a copy of a report under this\nsection to the Legislative Assembly within 6 sitting days after the day\nthe Attorney-General receives the report.\n(9) If the Chief Coroner fails to give a report to the Attorney-General in\naccordance with this section, the Chief Coroner must give the\nAttorney-General a written statement explaining why the report was\nnot given to the Attorney-General.\n\n(10) The statement must be given to the Attorney-General within 14 days\nafter the end of the period within which the report was required to be\ngiven to the Attorney-General.\n(11) The Attorney-General must present a copy of the statement to the\nLegislative Assembly within 3 sitting days after the day the Attorney-\nGeneral receives the statement.\n","sortOrder":116},{"sectionNumber":"103","sectionType":"section","heading":"Regulation-making power","content":"103 Regulation-making power\n(1) The Executive may make regulations for this Act.\nNote Regulations must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act.\n(2) A regulation may make provision in relation to the practice and\nprocedures to be followed in inquests and inquiries.\n\nOath or affirmation of office Schedule 1\nPart 1.1\nSchedule 1 Oath or affirmation of office\n(see s 10)\nPart 1.1\nOath\nI, [name], do swear that I will be faithful and bear true allegiance to\nHis Majesty King Charles the Third, His heirs and successors\naccording to law, that I will well and truly serve in the office of [insert\nname of office] and that I will do right to all manner of people\naccording to law, without fear or favour, affection or ill will. So help\nme God.\nAffirmation\nI, [name], do solemnly and sincerely affirm that I will be faithful and\nbear true allegiance to His Majesty King Charles the Third, His heirs\nand successors according to law, that I will well and truly serve in the\noffice of [insert name of office] and that I will do right to all manner\nof people according to law, without fear or favour, affection or ill will.\n\nSchedule 1 Oath or affirmation of office\nPart 1.2\nPart 1.2\nOath\nI, [name], do swear that I will well and truly serve in the office of\n[insert name of office] and that I will do right to all manner of people\naccording to law, without fear or favour, affection or ill will. So help\nme God.\nAffirmation\nI, [name], do solemnly and sincerely affirm that I will well and truly\nserve in the office of [insert name of office] and that I will do right to\nall manner of people according to law, without fear or favour,\naffection or ill will.\n\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• Act\n• ACT\n• appoint\n• Attorney-General\n• Chief Magistrate\n• child\n• clerk\n• correctional centre\n• corrections officer\n• Deputy Speaker\n• director-general (see s 163)\n• director of public prosecutions\n• doctor\n• domestic partner (see s 169 (1))\n• establish\n• Executive\n• exercise\n• function\n• give\n• indictable offence\n• individual\n• in relation to\n• instrument\n• law\n• lawyer\n• magistrate\n• Minister (see s 162)\n\n• oath\n• occupy\n• parent\n• person (see s 160)\n• police officer\n• power\n• proceeding\n• property\n• public servant\n• registrar-general\n• regulation\n• sitting day\n• Speaker\n• Supreme Court\n• the Territory\n• under.\nAboriginal or Torres Strait Islander person means a person who—\n(a) is a descendant of an Aboriginal person or a Torres Strait\nIslander person; and\n(b) identifies as an Aboriginal person or a Torres Strait Islander\nperson; and\n(c) is accepted as an Aboriginal person or a Torres Strait Islander\nperson by an Aboriginal community or Torres Strait Islander\ncommunity.\nancillary examination, for part 4 (Post-mortem examinations and\nexhumations)—see section 19A.\nbody includes part of a body, and the remains of a body.\nChief Coroner means the person who is Chief Coroner under\nsection 6.\nchief psychiatrist—see the Mental Health Act 2015, dictionary.\n\ncoroner includes a deputy coroner appointed under section 8.\ncoronial investigation scene, for part 5A (Coronial investigation\nscenes)—see section 68B.\ncoronial investigation scene declaration, for part 5A (Coronial\ncoronial investigation scene order, for part 5A (Coronial\ncoronial investigation scene power, for part 5A (Coronial\ncourt means the Coroner’s Court continued in existence under\nsection 4 (1).\ncustodial officer—see section 3D.\ndeath includes a suspected death.\ndeath in care—see section 3BB.\ndeath in custody—see section 3C.\ndisaster means an occurrence in the ACT due to natural or other\ncauses that—\n(a) caused or threatened to cause substantial—\n(i) loss of life or property; or\n(ii) injury or distress to persons or damage to property or the\nenvironment; or\n(b) in any way substantially endangered the safety of the public in\nany part of the ACT.\nengage in conduct means—\n(a) do an act; or\n(b) omit to do an act.\nhearing means a hearing for an inquest or inquiry under division 5.1.\n\ninquest means an inquest concerning the death of a person.\ninquiry means an inquiry concerning a disaster or fire.\nmember of the immediate family, of a deceased person the subject of\nan inquest, means—\n(a) a person who was the deceased person’s domestic partner,\nparent, step-parent, grandparent, child, brother or sister, or\nguardian or ward; and\n(b) if the deceased person was an Aboriginal or Torres Strait\nIslander person—a person who, in accordance with the\ntraditions and customs of the deceased person’s Aboriginal or\nTorres Strait Islander community, had the responsibility for, or\nan interest in, the welfare of the deceased person.\nNote For the meaning of domestic partner, see the Legislation Act, s 169.\nmental health officer—see the Mental Health Act 2015, dictionary.\nplace includes a vehicle, a vessel or an aircraft.\npost-mortem examination means the inspection of a body to\ndetermine the cause of death and may, but need not, include\ndissection of the body.\nExamples\n• external post-mortem examination, including taking skin or other samples\n• post-mortem examination using computed tomography (CT)\n• post-mortem examination using magnetic resonance imaging (MRI)\nregistrar means the registrar of the Coroner’s Court appointed under\nsection 11, and includes a deputy registrar.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nCoroners Act 1997 A1997-57\nnotified 9 October 1997 (Gaz 1997 No S300)\ncommenced 9 October 1997 (s 2)\nas amended by\nLegal Practitioners (Consequential Amendments) Act 1997 A1997-96\nsch 1\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 1 December 1997 (s 2 (1))\nsch 1 commenced 1 June 1998 (s 2 (2))\nStatute Law Revision (Penalties) Act 1998 A1998-54 sch\nnotified 27 November 1998 (Gaz 1998 No S207)\ns 1, s 2 commenced 27 November 1998 (s 2 (1))\nsch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)\nCustodial Escorts (Consequential Provisions) Act 1998 A1998-67 pt 3\nnotified 23 December 1998 (Gaz 1998 No S212)\ns 1, s 2 commenced 23 December 1998 (s 2 (1))\npt 3 commenced 23 December 1998 (s 2 (2) and Gaz 1998 No 51)\nCourts and Tribunals (Audio Visual and Audio Linking) Act 1999\nA1999-22 pt 5\nnotified 14 April 1999 (Gaz 1999 No S16)\ns 1, s 2 commenced 14 April 1999 (s 2 (1))\npt 5 commenced 1 September 1999 (s 2 (2) and Gaz 1999 No 35)\nMental Health (Treatment and Care) (Amendment) Act 1999 A1999-31\nsch 2\nnotified 25 June 1999 (Gaz 1999 No S34)\ns 1, s 2 commenced 25 June 1999 (s 2 (1))\nsch 2 commenced 1 October 1999 (s 2 (2))\nChildren and Young People (Consequential Amendments) Act 1999\nA1999-64 sch 2\nnotified 10 November 1999 (Gaz 1999 No 45)\ns 1, s 2 commenced 10 Nov 1999 (s 2 (1))\nsch 2 commenced 10 May 2000 (s 2 (2))\n\nJustice and Community Safety Legislation Amendment Act 2000\nA2000-1 sch\nnotified 9 March 2000 (Gaz 2000 No 10)\ns 1, s 2 commenced 9 March 2000 (IA s 10B)\namdt to repeal ss 94-97 commenced 9 September 2000 (IA s 10E)\nremaining amdts commenced 9 March 2000 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2000\n(No 3) A2000-17 sch 1\nnotified 1 June 2000 (Gaz 2000 No 22)\ncommenced 1 June 2000 (s 2)\nCoroners Amendment Act 2001 A2001-6\nnotified 8 March 2001 (Gaz 2001 No 10)\ncommenced 8 March 2001 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 84\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 84 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)\nSupreme Court Amendment Act 2001 (No 2) 2001 No 54 sch 2 pt 2.3\nnotified 15 August 2001 (Gaz 2001 No S57)\ns 1, s 2 commenced 15 August 2001 (IA s 10B)\nsch 2 pt 2.3 commenced 15 August 2001 (s 2)\nLegislation Amendment Act 2002 A2002-11 pt 2.11\nnotified LR 27 May 2002\ns 1, s 2 commenced 27 May 2002 (LA s 75)\npt 2.11 commenced 28 May 2002 (s 2 (1))\nCemeteries and Crematoria Act 2003 A2003-11 sch 1 pt 1.2\nnotified LR 27 March 2003\ns 1, s 2 commenced 27 March 2003 (LA s 75 (1))\nsch 1 pt 1.2 commenced 27 September 2003 (s 2 and LA s 79)\nLegislation (Gay, Lesbian and Transgender) Amendment Act 2003\nA2003-14 sch 1 pt 1.8\nnotified LA 27 March 2003\ns 1, s 2 commenced 27 March 2003 (LA s 75 (1))\nsch 1 pt 1.8 commenced 28 March 2003 (s 2)\n\nEvidence (Miscellaneous Provisions) Amendment Act 2003 A2003-48\nsch 2 pt 2.3\nnotified LR 31 October 2003\ns 1, s 2 commenced 31 October 2003 (LA s 75 (1))\nsch 2 pt 2.3 commenced 30 April 2004 (s 2 and LA s 79)\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 1 pt 1.7\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 1 pt 1.7 commenced 9 April 2004 (s 2 (1))\nHealth Professionals Legislation Amendment Act 2004 A2004-39\nsch 5 pt 5.5\nnotified LR 8 July 2004\ns 1, s 2 commenced 8 July 2004 (LA s 75 (1))\nsch 5 pt 5.5 commenced 7 July 2005 (s 2 and see Health Professionals\nAct 2004 A2004-38, s 2 and CN2005-11)\nCourt Procedures (Consequential Amendments) Act 2004 A2004-60\nsch 1 pt 1.15\nnotified LR 2 September 2004\ns 1, s 2 commenced 2 September 2004 (LA s 75 (1))\nsch 1 pt 1.15 commenced 10 January 2005 (s 2 and see Court\nProcedures Act 2004 A2004-59, s 2 and CN2004-29)\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.11\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.11 commenced 2 June 2005 (s 2 (1))\nCriminal Code (Administration of Justice Offences) Amendment\nAct 2005 A2005-53 sch 1 pt 1.5\nnotified LR 26 October 2005\ns 1, s 2 commenced 26 October 2005 (LA s 75 (1))\nsch 1 pt 1.5 commenced 23 November 2005 (s 2)\nCriminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.17\nnotified LR 27 October 2005\ns 1, s 2 commenced 27 October 2005 (LA s 75 (1))\nsch 1 pt 1.17 commenced 24 November 2005 (s 2)\n\nJustice and Community Safety Legislation Amendment Act 2005\n(No 4) A2005-60 sch 1 pt 1.9\nnotified LR 1 December 2005\ns 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))\nsch 1 pt 1.9 commenced 22 December 2005 (s 2 (2) (b))\nSentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.6\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nsch 1 pt 1.6 commenced 2 June 2006 (s 2 (1) and see Crimes\n(Sentence Administration) Act 2005 A2005-59 s 2, Crimes\n(Sentencing) Act 2005 A2005-58, s 2 and LA s 79)\nStatute Law Amendment Act 2006 A2006-42 sch 3 pt 3.6\nnotified LR 26 October 2006\ns 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))\nsch 3 pt 3.6 commenced 16 November 2006 (s 2 (1))\nCourt Legislation Amendment Act 2006 A2006-55 pt 2\nnotified LR 18 December 2006\ns 1, s 2 commenced 18 December 2006 (LA s 75 (1))\npt 2 commenced 19 December 2006 (s 2)\nStatute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.7\nnotified LR 20 June 2007\ns 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))\nsch 3 pt 3.7 commenced 11 July 2007 (s 2 (1))\nChildren and Young People (Consequential Amendments) Act 2008\nA2008-20 sch 2 pt 2.3, sch 4 pt 4.4\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\ns 3 commenced 18 July 2008 (s 2 (1))\nsch 2 pt 2.3 commenced 9 September 2008 (s 2 (3) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-13)\nsch 4 pt 4.4 commenced 27 February 2009 (s 2 (5) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see\nCN2008-13))\n\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.19\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.19 commenced 22 September 2009 (s 2)\nJustice and Community Safety Legislation Amendment Act 2010\n(No 3) A2010-40 sch 2 pt 2.3\nnotified LR 5 October 2010\ns 1, s 2 commenced 5 October 2010 (LA s 75 (1))\ns 3 commenced 6 October 2010 (s 2 (1))\nsch 2 pt 2.3 commenced 2 November 2010 (s 2 (2))\nStatute Law Amendment Act 2011 A2011-3 sch 3 pt 3.10\nnotified LR 22 February 2011\ns 1, s 2 commenced 22 February 2011 (LA s 75 (1))\nsch 3 pt 3.10 commenced 1 March 2011 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.36\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.36 commenced 1 July 2011 (s 2 (1))\nCoroners Amendment Act 2011 A2011-36\nnotified LR 27 September 2011\ns 1, s 2 commenced 27 September 2011 (LA s 75 (1))\nremainder commenced 1 February 2012 (s 2 and CN2012-3)\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.12\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 3 pt 3.12 commenced 12 December 2011 (s 2)\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.7\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.7 commenced 5 June 2012 (s 2 (1))\n\nJustice and Community Safety Legislation Amendment Act 2013\n(No 3) A2013-20 sch 1 pt 1.1\nnotified LR 13 June 2013\ns 1, s 2 commenced 13 June 2013 (LA s 75 (1))\nsch 1 pt 1.1 commenced 14 June 2013 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2013\n(No 4) A2013-45 sch 1 pt 1.1\nnotified LR 11 November 2013\ns 1, s 2 commenced 11 November 2013 (LA s 75 (1))\nsch 1 pt 1.1 commenced 12 November 2013 (s 2)\nCourts Legislation Amendment Act 2014 A2014-1 pt 4\nnotified LR 5 March 2014\ns 1, s 2 commenced 5 March 2014 (LA s 75 (1))\npt 4 commenced 2 April 2014 (s 2)\nJustice and Community Safety Legislation Amendment Act 2014\nA2014-17 sch 1 pt 1.4\nnotified LR 13 May 2014\ns 1, s 2 taken to have commenced 25 November 2013 (LA s 75 (2))\nsch 1 pt 1.4 commenced 14 May 2014 (s 2 (1))\nCourts Legislation Amendment Act 2015 A2015-10 pt 6\nnotified LR 7 April 2015\ns 1, s 2 commenced 7 April 2015 (LA s 75 (1))\npt 6 commenced 21 April 2015 (s 2 (2))\nJustice and Community Safety Legislation Amendment Act 2015\nA2015-11 sch 1 pt 1.3\nnotified LR 20 May 2015\ns 1, s 2 commenced 20 May 2015 (LA s 75 (1))\nsch 1 pt 1.3 commenced 21 May 2015 (s 2 (1))\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.15\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.15 commenced 14 October 2015 (s 2)\n\nMental Health Act 2015 A2015-38 sch 2 pt 2.4 div 2.4.3\nnotified LR 7 October 2015\ns 1, s 2 commenced 7 October 2015 (LA s 75 (1))\nsch 2 pt 2.4 div 2.4.3 commenced 1 March 2016 (s 2 (1) and see\nMental Health (Treatment and Care) Amendment Act 2014 A2014-51,\ns 2 (as am by A2015-38 amdt 2.54))\nCourts Legislation Amendment Act 2015 (No 2) A2015-52 pt 4\nnotified LR 26 November 2015\ns 1, s 2 commenced 26 November 2015 (LA s 75 (1))\npt 4 commenced 10 December 2015 (s 2 (2))\nCrimes (Sentencing and Restorative Justice) Amendment Act 2016\nA2016-4 sch 1 pt 1.4\nnotified LR 24 February 2016\ns 1, s 2 commenced 24 February 2016 (LA s 75 (1))\nsch 1 pt 1.4 commenced 2 March 2016 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2016\nA2016-37 sch 1 pt 1.8\nnotified LR 22 June 2016\ns 1, s 2 commenced 22 June 2016 (LA s 75 (1))\nsch 1 pt 1.8 commenced 29 June 2016 (s 2)\nJustice and Community Safety Legislation Amendment Act 2017\nA2017-5 sch 1 pt 1.2\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 1 pt 1.2 commenced 2 March 2017 (s 2 (3))\nJustice and Community Safety Legislation Amendment\nAct 2017 (No 3) A2017-38 pt 6\nnotified LR 9 November 2017\ns 1, s 2 commenced 9 November 2017 (LA s 75 (1))\npt 6 commenced 16 November 2017 (s 2 (1))\nCourts and Other Justice Legislation Amendment Act 2018 A2018-9\npt 5\nnotified LR 29 March 2018\ns 1, s 2 commenced 29 March 2018 (LA s 75 (1))\npt 5 commenced 26 April 2018 (s 2)\n\nJustice and Community Safety Legislation Amendment Act 2019\nA2019-17 pt 3\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\npt 3 commenced 21 June 2019 (s 2)\nStatute Law Amendment Act 2019 A2019-42 sch 3 pt 3.7\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\nsch 3 pt 3.7 commenced 14 November 2019 (s 2 (1))\nCoroners Amendment Act 2020 A2020-32\nnotified LR 29 July 2020\ns 1, s 2 commenced 29 July 2020 (LA s 75 (1))\nremainder commenced 29 January 2021 (s 2 and LA s 79)\nCourts and Other Justice Legislation Amendment Act 2021 A2021-13\npt 4\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\npt 4 commenced 16 June 2021 (s 2 (3))\nVoluntary Assisted Dying Act 2024 A2024-24 sch 3 pt 3.3\nnotified LR 19 June 2024\ns 1, s 2 commenced 19 June 2024 (LA s 75 (1))\nsch 3 pt 3.3 commenced 3 November 2025 (s 2)\n\nIntroduction\ndiv 1.1 hdg ins A2011-36 s 4\nName of Act\ns 1 sub A2005-60 amdt 1.28\ns 2 hdg ins A2005-60 amdt 1.29\ns 2 om R2 LRA\nins A2005-60 amdt 1.31\nam A2006-23 amdt 1.45\nReferences to death in custody\ns 3 hdg ins A2005-60 amdt 1.31\ns 3 am A1999-64 sch 2; A2005-20 amdt 3.94\ndefs reloc to dict A2005-60 amdt 1.30\nam A2005-60 amdt 1.32\nom A2006-23 amdt 1.46\ndef chief police officer om A2004-60 amdt 1.82\ndef legal practitioner om A1997-96 sch 1\ndef medical practitioner om A2004-39 amdt 5.7\ndef spouse om A2003-14 amdt 1.30\nNotes\ns 3A ins A2005-54 amdt 1.91\nOffences against Act—application of Criminal Code etc\ns 3B ins A2005-54 amdt 1.91\nObjects and important concepts\ndiv 1.2 hdg ins A2011-36 s 5\nObjects of Act\ns 3BA ins A2011-36 s 5\nam A2015-52 s 9; A2020-32 s 4, s 5\nMeaning of death in care\ns 3BB ins A2020-32 s 6\nMeaning of death in custody\ns 3C ins A2006-23 amdt 1.47\nam A2008-20 amdt 2.11, amdt 2.12, amdts 4.8-4.11\n(1) (b) notes, (4) exp 2 June 2011 (s 3C (4))\nam A2015-38 amdt 2.67; A2016-4 amdt 1.8; pars renum R39\nLA; A2020-32 s 7, s 8; pars renum R47 LA\nWho is a custodial officer?\ns 3D ins A2006-23 amdt 1.47\nam A2008-20 amdt 2.13; A2011-22 amdt 1.107\n\nEstablishment\ndiv 2.1 hdg (prev pt 2 div 1 hdg) renum R3 LA\nAppointment etc of coroners\ndiv 2.2 hdg (prev pt 2 div 2 hdg) renum R3 LA\nCoroners\ns 5 sub A2015-52 s 10\nChief Coroner\ns 6 am A2011-3 amdt 3.114\nChief Coroner’s functions\ns 7 hdg sub A2011-36 s 6\nDeputy coroners\ns 8 am A2011-3 amdt 3.115\nDeputy coroners’ functions\ns 9 hdg am A2011-36 s 7\ns 9 am A2006-42 amdt 3.25; A2011-3 amdt 3.116; A2011-36 s 7;\nA2020-32 s 9\nOath to be taken by coroner or deputy coroner\ns 10 am A2001-6 s 4; A2006-42 amdt 3.16\nsub A2007-16 amdt 3.22\nCoroner for matter not available\ns 11A ins A2013-45 amdt 1.1\nInquests into deaths\ndiv 3.1 hdg (prev pt 3 div 1 hdg) renum R3 LA\nGeneral functions and jurisdiction of coroner\ns 12 sub A2003-11 amdt 1.3\nCoroner’s jurisdiction in relation to deaths\ns 13 am A2006-42 amdt 3.25; A2011-36 s 8; A2014-1 s 18, s 19;\nA2015-10 s 17, s 18; pars renum R34 LA; A2015-52 s 11,\ns 12; pars renum R37 LA; A2017-38 s 18; A2020-32 s 10;\nA2024-24 amdt 3.5, amdt 3.6; ss renum R50 LA\nDecision not to conduct hearing\ns 14 reloc and renum as s 34A\nControl and release of body of deceased\ns 15 am A2001-44 amdt 1.926\nsub A2014-17 amdt 1.21\nam A2018-9 s 21\n\nRelease of body\ns 16 hdg sub A2001-44 amdt 1.927\ns 16 am A2001-44 amdt 1.928, amdt 1.929; A2004-60 amdt 1.84\nom A2014-17 amdt 1.21\nAssistance to State and other Territory coroners\ns 17 am A2011-3 amdt 3.117\nConsiderations before exercising function or making decision\ns 17A ins A2018-9 s 22\nInquiries into fires\ndiv 3.2 hdg (prev pt 3 div 2 hdg) renum R3 LA\nCoroner’s jurisdiction in relation to fires\ns 18 am A2015-10 s 19; ss renum R34 LA\nInquiries into disasters\ndiv 3.3 hdg (prev pt 3 div 3 hdg) renum R3 LA\nMeaning of ancillary examination—pt 4\ns 19A ins A2018-9 s 23\nDirections to obtain medical records\ns 19B ins A2018-9 s 23\nAncillary examination\ns 19C ins A2018-9 s 23\nDispensing with post-mortem examination\ns 20 am A2011-3 amdt 3.118; A2018-9 s 24\nDirections to doctors to conduct post-mortem examinations\ns 21 hdg sub A2006-42 amdt 3.17\ns 21 am A2006-42 amdt 3.25; A2018-9 s 25, s 26\nUnavailability of doctor directed to conduct a post-mortem examination\ns 22 hdg am A2006-42 amdt 3.25\ns 22 am A2006-42 amdt 3.25\nConsideration of immediate family\ns 23 am A2006-42 amdt 3.25; A2011-3 amdt 3.119; A2020-32 s 11\nReconsideration of decisions\ns 24 am A2011-3 amdt 3.120\nPrevious attending doctor entitled to observe post-mortem examination\ns 25 hdg am A2006-42 amdt 3.25\ns 25 am A2006-42 amdt 3.25\nRemoval of body to place of post-mortem examination\ns 26 am A2011-3 amdts 3.121-3.124; A2018-9 s 27\nom A2021-13 s 25\n\nWarrant for exhumation of body or recovery of ashes\ns 27 am A2014-1 s 20; A2018-9 s 28\nPrior considerations before directing post-mortem examinations\ns 28 om A2018-9 s 29\nReinterment of remains or ashes\ns 30 am A2011-3 amdt 3.125\nReport by doctor or analyst\ns 32 hdg am A2006-42 amdt 3.25; A2011-3 amdt 3.126\nAssistance at post-mortems etc\ns 33 sub A2018-9 s 30\nHearings\ndiv 5.1 hdg (prev pt 5 div 1 hdg) renum R3 LA\nDecision not to conduct hearing\ns 34A (prev s 14) reloc and renum as s 34A A2011-36 s 9\nam A2017-38 s 19; A2020-32 s 12\nNotification of immediate family\ns 37 am A2020-32 s 13\nNotice relating to conduct of hearing\ns 38 am A2009-20 amdt 3.47; A2015-33 amdt 1.36; A2020-32 s 14\nInquests into non-custodial deaths and inquiries—discretion to appoint\ncounsel assisting\ns 39 hdg am A2006-42 amdt 3.24\ns 39 am A2006-42 amdt 3.24; A2007-16 amdt 3.23\nsub A2011-36 s 10\nam A2020-32 s 15, s 16\nFunctions of counsel assisting\ns 39A ins A2011-36 s 10\nCounsel assisting—revocation of appointment\ns 39B ins A2011-36 s 10\nHearing in public except in certain cases\ns 40 am A2005-54 amdt 1.92\nRepresentation at hearing\ns 42 am A2006-42 amdt 3.24\nAppearance by audiovisual or audio links\ns 42A ins A1999-22 s 10\nam A2000-17 sch 1; A2003-48 amdt 2.3; A2010-40 amdt 2.3;\nA2018-9 s 31\nWitnesses\ndiv 5.2 hdg (prev pt 5 div 2 hdg) renum R3 LA\n\nPower of coroner to subpoena witnesses etc\ns 43 hdg sub A2004-60 amdt 1.85\ns 43 am A2004-60 amdt 1.86; A2005-53 amdt 1.28, amdt 1.29\nService of subpoena on witness\ns 44 hdg am A2004-60 amdt 1.86\ns 44 am A2004-60 amdt 1.86; A2005-53 amdt 1.30; A2011-3\namdt 3.127\nArrest of witness\ns 45 am A1998-67 s 12; A2004-60 amdts 1.86-1.89; A2011-3\namdt 3.128, amdt 3.129\nPeople about to leave ACT—examination and production of documents etc\ns 46 am A2005-53 amdt 1.31; A2011-3 amdt 3.130, amdt 3.131\nEvidence and procedure\ndiv 5.3 hdg (prev pt 5 div 3 hdg) renum R3 LA\nsub A2011-36 s 11\nRules of evidence do not apply\ns 47 sub A2011-36 s 12\nEvidence\ns 48 am A2004-60 amdt 1.90; A2005-53 amdt 1.32, amdt 1.33\nRecord of proceedings\ns 49 sub A2004-60 amdt 1.91\nam A2005-20 amdt 3.95\nPractice and procedure for inquests and inquiries\ns 51A ins A2011-36 s 13\nPrivilege in relation to self-incrimination in coronial inquest or inquiry\ns 51B ins A2015-11 amdt 1.23\nFindings and reports\ndiv 5.4 hdg (prev pt 5 div 4 hdg) renum R3 LA\nCoroner’s findings\ns 52 am A2011-3 amdt 3.132; A2011-36 s 14\nRequests for copies of findings\ns 54 hdg sub A2020-32 s 17\ns 54 am A2011-3 amdt 3.132; A2020-32 s 18\nAdverse comment in findings or reports\ns 55 am A2011-3 amdt 3.133\nNotification of registrar-general\ns 56 am A2011-3 amdt 3.134; A2011-36 s 15\n\nReport after inquest or inquiry\ns 57 am A2011-36 s 16; A2013-45 amdts 1.2-1.5; ss renum R31\nLA; A2016-37 amdt 1.20; amdt 1.21; A2017-5 amdt 1.2,\namdt 1.3; ss renum R42 LA; A2019-17 ss 5-8; ss renum\nR45 LA\nCorrection of errors\ns 57A ins A2020-32 s 19\nIndictable offences\ndiv 5.5 hdg (prev pt 5 div 5 hdg) renum R3 LA\nProcedure where evidence of indictable offence or indictment to be\npresented\ns 58 am A2001-54 amdt 2.3, amdt 2.4; A2011-3 amdt 3.134,\namdt 3.135\nsub A2011-36 s 17\nWhen inquest or inquiry may proceed—s 58\ns 58A ins A2011-36 s 17\nGeneral powers of coroners\ndiv 5.6 hdg (prev pt 5 div 6 hdg) renum R3 LA\nInvestigators\ns 59 am A2007-16 amdt 3.24; A2011-3 amdt 3.136, amdt 3.137\nCoroner not to be called as witness\ns 60 am A2006-42 amdt 3.18; A2011-3 amdt 3.138\nCoroner not required to view the subject matter of inquest or inquiry\ns 61 am A2011-3 amdt 3.139\nCoroner may act on a Sunday\ns 62 am A2004-60 amdt 1.92\nRequest for hearing or for reconsideration of certain decisions\ns 64 am A2011-3 amdts 3.140-3.143; A2011-36 s 18, s 19;\nss renum R28 LA\nRestriction of access\ns 65 am A2005-54 amdt 1.93\nChief Coroner—power to hold fresh inquest or inquiry\ns 68 am A2011-3 amdt 3.144\nOther requirements\ndiv 5.7 hdg ins A2011-36 s 20\nCoroner to give information to immediate family\ns 68A ins A2011-36 s 20\nCoronial investigation scenes\npt 5A hdg ins A2015-10 s 20\n\nDefinitions—pt 5A\ns 68B ins A2015-10 s 20\ndef coronial investigation scene ins A2015-10 s 20\ndef coronial investigation scene declaration ins A2015-10\ns 20\ndef coronial investigation scene order ins A2015-10 s 20\ndef coronial investigation scene power ins A2015-10 s 20\nCoronial investigation scene order\ns 68C ins A2015-10 s 20\nEstablishment of coronial investigation scene\ns 68D ins A2015-10 s 20\nCoronial investigation scene powers\ns 68E ins A2015-10 s 20\nSenior police officer may establish scene for expected coronial investigation\ns 68F ins A2015-10 s 20\nExercise of investigation scene powers under pt 5A\ns 68G ins A2015-10 s 20\nam A2018-9 ss 33-35\nPart does not limit other powers\ns 68H ins A2015-10 s 20\nam A2018-9 s 36\nDeaths in care and deaths in custody—additional provisions\npt 6 hdg sub A2020-32 s 20\nConsideration of deceased’s family etc\ns 69 am A2011-52 amdt 3.52; A2020-32 s 21\nViewing of body etc\ns 70 am A2006-42 amdt 3.25; A2011-52 amdt 3.52; A2020-32 s 21\nPost-mortem examinations by pathologists\ns 71 am A2020-32 s 21\nInquest into death in care or death in custody—appointment of counsel\nassisting\ns 72 hdg am A2006-42 amdt 3.24\nsub A2020-32 s 22\ns 72 am A2006-42 amdt 3.24; A2007-16 amdt 3.25; A2011-3\namdt 3.145\nsub A2011-36 s 21\nam A2020-32 s 23\n\nRecords of deaths in care and deaths in custody\ns 73 sub A2020-32 s 24\nFindings about quality of care, treatment and supervision\ns 74 am A2020-32 s 25\nCopies of reports of findings\ns 75 am A2011-3 amdt 3.146; A2011-52 amdt 3.52; A2020-32\nss 26-28\nResponse to reports\ns 76 am A2016-37 amdt 1.22; A2020-32 s 29\nApplication of Criminal Code, ch 7\ns 76A ins A2005-53 amdt 1.34\nam A2011-36 s 22\nObligation to report death\ns 77 sub A2005-54 amdt 1.94\nObligation to report death in care or death in custody\ns 78 hdg sub A2020-32 s 30\ns 78 sub A2005-54 amdt 1.95\nam A2020-32 s 31\nFailure of witnesses to attend or produce documents\ns 79 am A2004-60 amdt 1.92\nRefusal to be sworn or give evidence\ns 80 om A2005-53 amdt 1.35\nFalse evidence\ns 81 am A1998-54 sch\nImproper dealings with documents\ns 82 am A1998-54 sch\nImproper dealing with body or ashes of dead person\ns 83 sub A2005-54 amdt 1.96\nIntimidation or dismissal of witnesses\ns 84 om A2005-53 amdt 1.36\nPreventing witnesses from attending\ns 85 am A2004-60 amdt 1.93, amdt 1.94\nom A2005-53 amdt 1.36\nBribery of witnesses\ns 86 om A2005-53 amdt 1.36\n\nFraud on witnesses\ns 87 om A2005-53 amdt 1.36\nContempt\ns 88 am A2005-53 amdt 1.37; ss renum R13 LA (see A2005-53\namdt 1.38)\nom A2006-55 s 4\nActs and omissions of representatives\ns 89 sub A2004-15 amdt 1.8\nApplication to hold hearing for inquest or inquiry into fire\ns 90 hdg sub A2011-36 s 23\ns 90 am A2011-36 s 24\nSupreme Court—power to order inquest or inquiry\ns 92 am A2000-1 sch\nSupreme Court—power to quash, or order fresh, inquest or inquiry\ns 93 am A2000-1 sch\nWitness expenses and other amounts\npt 9 hdg sub A2000-1 sch; A2013-45 amdt 1.6\nDetermination\ns 94 om A2000-1 sch\nPayment\ns 95 om A2000-1 sch\nRemission, refund, deferral, waiver, exemption\ns 96 om A2000-1 sch\nReview of decisions\ns 97 om A2000-1 sch\nWitness expenses\ns 98 am A2004-60 amdt 1.94\nsub A2013-45 amdt 1.7\nContempt of Coroner’s Court\ns 99A ins A2006-55 s 5\nProtection if information given to coroner\ns 99B ins A2015-52 s 13\nDeaths in institutions—retention of records of dead person\ns 100 sub A2005-54 amdt 1.97\nam A2020-32 s 32, s 33\nAttorney-general may make guidelines for responses\ns 100A ins A2020-32 s 34\n\nCourt seal\ns 101 sub A2001-44 amdt 1.930\n(4)-(7) exp 12 September 2002 (s 101 (7))\nom A2004-60 amdt 1.95\nins A2005-60 amdt 1.33\nAnnual report of court\ns 102 sub A2002-11 amdt 2.20\nam A2011-36 s 25\nsub A2013-20 amdt 1.1; A2014-17 amdt 1.22\nam A2015-52 s 14; A2020-32 s 35\nRegulation-making power\ns 103 sub A2001-44 amdt 1.931\nSavings and transitionals\npt 11 hdg om A2006-42 amdt 3.20\nDefinitions for pt 11\ns 104 om A2006-42 amdt 3.20\ndef commencement date om A2006-42 amdt 3.20\ndef former Act om A2006-42 amdt 3.20\nAppointments and authorisations\ns 105 om A2006-42 amdt 3.20\nInquests or inquiries part heard\ns 106 am A2000-1 sch\nDeterminations\ns 107 am A2000-1 sch\nSaving of transitional provisions\ns 108 ins A2006-42 amdt 3.19\nTransitional—Courts Legislation Amendment Act 2015 (No 2)\npt 12 hdg ins A2015-52 s 15\nexp 10 December 2016 (s 120 (2))\nSpecial magistrates\ns 120 ins A2015-52 s 15\nexp 10 December 2016 (s 120 (2))\nOath or affirmation of office\nsch 1 hdg sub A2006-42 amdt 3.21\nsch 1 sub A2001-6 s 5\n\nsch 1 pt 1.1 hdg (prev sch 1 pt 1 hdg) renum R3 LA\nsub A2001-6 s 5\nsch 1 pt 1.1 am R49 LA\nsch 1 pt 1.2 hdg (prev sch 1 pt 2 hdg) renum R3 LA\nsch 1 pt 1.2 sub A2001-6 s 5\n","sortOrder":117},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":null,"content":"Schedule 2\nsch 2 om A2001-44 amdt 1.932\ndict ins A2005-60 amdt 1.34\nam A2006-23 amdt 1.48; A2006-42 amdt 3.22; A2009-20\namdt 3.48; A2011-3 amdt 3.147; A2011-22 amdt 1.108;\nA2011-36 s 26; A2013-45 amdt 1.8; A2015-33 amdt 1.37\ndef Aboriginal or Torres Strait Islander person ins\nA2011-52 amdt 3.54\ndef Aboriginal person reloc from s 3 A2005-60 amdt 1.30\nom A2011-52 amdt 3.53\ndef ancillary examination ins A2018-9 s 37\ndef body reloc from s 3 A2005-60 amdt 1.30\ndef Chief Coroner reloc from s 3 A2005-60 amdt 1.30\nam A2012-21 amdt 3.29\ndef chief psychiatrist ins A2006-23 amdt 1.49\nam A2015-38 amdt 2.67\ndef coroner reloc from s 3 A2005-60 amdt 1.30\ndef coronial investigation scene ins A2015-10 s 21\ndef coronial investigation scene declaration ins A2015-10\ns 21\ndef coronial investigation scene order ins A2015-10 s 21\ndef coronial investigation scene power ins A2015-10 s 21\ndef court reloc from s 3 A2005-60 amdt 1.30\ndef custodial officer am A1999-31 sch 2; A1999-64 sch 2;\nA2004-60 amdt 1.83; A2005-20 amdt 3.93\nsub A2006-23 amdt 1.50\ndef death reloc from s 3 A2005-60 amdt 1.30\ndef death in care ins A2020-32 s 36\ndef death in custody ins A2005-60 amdt 1.34\nsub A2006-23 amdt 1.51\ndef disaster reloc from s 3 A2005-60 amdt 1.30\ndef engage in conduct ins A2005-54 amdt 1.90\ndef hearing reloc from s 3 A2005-60 amdt 1.30\nsub A2015-10 s 22\n\ndef immediate family am A2003-14 amdt 1.28, amdt 1.29\nam A2011-52 amdt 3.55\nom A2011-36 s 27\ndef inquest reloc from s 3 A2005-60 amdt 1.30\ndef inquiry reloc from s 3 A2005-60 amdt 1.30\ndef member of the immediate family ins A2011-36 s 28\nam A2012-21 amdt 3.30; A2019-42 amdt 3.9\nsub A2020-32 s 37\ndef mental health officer ins A2006-23 amdt 1.52\nam A2015-38 amdt 2.67\ndef place reloc from s 3 A2005-60 amdt 1.30\ndef post-mortem examination am A2014-1 s 21\ndef registrar reloc from s 3 A2005-60 amdt 1.30\ndef registrar-general reloc from s 3 A2005-60 amdt 1.30\nom A2006-23 amdt 1.53\ndef Torres Strait Islander reloc from s 3 A2005-60 amdt 1.30\nom A2011-52 amdt 3.56\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\nR1 (RI)\n23 Dec 1998–\n31 Aug 1999\nA1998-67 amendments by\nA1997-96,\nA1998-54 and\nA1998-67\nreissue of\nprinted version\nR1A\n1 Sept 1999–\nA1999-31 amendments by\nA1999-22 and\nA1999-31\nR1B\n1 June 2000–\n8 Aug 2000\nA2000-17 amendments by\nA1999-64 and\nA2000-17\nR2 (RI)\n9 Sept 2000–\n7 Mar 2001\nA2000-17 amendments by\nA2000-1\nreissue of\nprinted version\nR2A\n8 Mar 2001–\n14 Aug 2001\nA2001-6 amendments by\nA2001-6\n23 Nov 2001\n12 Sept 2001–\nA2001-54 amendments by\nA2001-44 and\nA2001-54\n28 May 2002–\n12 Sept 2002\nA2002-11 amendments by\nA2002-11\n13 Sept 2002\n13 Sept 2002–\n27 Mar 2003\nA2002-11 commenced\nexpiry\n28 Mar 2003\n28 Mar 2003–\n26 Sept 2003\nA2003-14 amendments by\nA2003-14\n\nEarlier republications 5\nfor\n27 Sept 2003\n27 Sept 2003–\n8 Apr 2004\nA2003-14 amendments by\nA2003-11\n9 Apr 2004\n9 Apr 2004–\n29 Apr 2004\nA2004-15 amendments by\nA2004-15\nR9*\n30 Apr 2004\n30 Apr 2004–\n9 Jan 2005\nA2004-15 amendments by\nA2003-48\n10 Jan 2005\n10 Jan 2005–\nA2004-60 amendments by\nA2004-60\n2 June 2005–\nA2005-20 amendments by\nA2005-20\n7 July 2005–\n22 Nov 2005\nA2005-20 amendments by\nA2004-39\n23 Nov 2005\n23 Nov 2005–\n23 Nov 2005\nA2005-54 amendments by\nA2005-53\n24 Nov 2005\n24 Nov 2005–\n21 Dec 2005\nA2005-54 amendments by\nA2005-54\n22 Dec 2005\n22 Dec 2005–\nA2005-60 amendments by\nA2005-60\n2 June 2006–\n15 Nov 2006\nA2006-23 amendments by\nA2006-23\n16 Nov 2006\n16 Nov 2006–\n18 Dec 2006\nA2006-42 amendments by\nA2006-42\n19 Dec 2006\n19 Dec 2006–\nA2006-55 amendments by\nA2006-55\n11 July 2007–\n8 Sept 2008\nA2007-16 amendments by\nA2007-16\n9 Sept 2008\n9 Sept 2008–\n26 Feb 2009\nA2008-20 amendments by\nA2008-20\n27 Feb 2009\n27 Feb 2009–\n22 Sept 2009\nA2008-20 amendments by\nA2008-20\nR22*\n22 Sept 2009\n22 Sept 2009–\n1 Nov 2010\nA2009-20 amendments by\nA2009-20\n\nfor\n2 Nov 2010\n2 Nov 2010–\n28 Feb 2011\nA2010-40 amendments by\nA2010-40\n1 Mar 2011\n1 Mar 2011–\nA2011-3 amendments by\nA2011-3\n3 June 2011–\nA2011-3 expiry of\nprovision\n1 July 2011-\n11 Dec 2011\nA2011-22 amendments by\nA2011-22\n12 Dec 2011\n12 Dec 2011–\n31 Jan 2012\nA2011-52 amendments by\nA2011-52\n1 Feb 2012\n1 Feb 2012–\nA2011-52 amendments by\nA2011-36\n5 June 2012–\nA2012-21 amendments by\nA2012-21\n14 June 2013–\n11 Nov 2013\nA2013-20 amendments by\nA2013-20\n12 Nov 2013\n12 Nov 2013–\nA2013-45 amendments by\nA2013-45\n2 Apr 2014\n2 Apr 2014–\nA2014-1 amendments by\nA2014-1\n14 May 2014–\n20 Apr 2015\nA2014-17 amendments by\nA2014-17\n21 Apr 2015\n21 Apr 2015–\nA2015-10 amendments by\nA2015-10\n21 May 2015–\n13 Oct 2015\nA2015-11 amendments by\nA2015-11\n14 Oct 2015\n14 Oct 2015–\n9 Dec 2015\nA2015-33 amendments by\nA2015-33\n10 Dec 2015\n10 Dec 2015–\n29 Feb 2016\nA2015-52 amendments by\nA2015-52\n1 Mar 2016\n1 Mar 2016–\n1 Mar 2016\nA2015-52 amendments by\nA2015-38\n\nEarlier republications 5\nfor\n2 Mar 2016\n2 Mar 2016–\nA2016-4 amendments by\nA2016-4\n29 June 2016–\n10 Dec 2016\nA2016-37 amendments by\nA2016-37\n11 Dec 2016\n11 Dec 2016–\n1 Mar 2017\nA2016-37 expiry of\ntransitional\nprovisions\n(pt 12)\n2 Mar 2017\n2 Mar 2017–\n15 Nov 2017\nA2017-5 amendments by\nA2017-5\n16 Nov 2017\n16 Nov 2017–\n25 Apr 2018\nA2017-38 amendments by\nA2017-38\n26 Apr 2018\n26 Apr 2018–\nA2018-9 amendments by\nA2018-9\n21 June 2019–\n13 Nov 2019\nA2019-17 amendments by\nA2019-17\n14 Nov 2019\n14 Nov 2019–\n28 Jan 2021\nA2019-42 amendments by\nA2019-42\n29 Jan 2021\n29 Jan 2021–\nA2020-32 amendments by\nA2020-32\n16 June 2021–\n25 Sept 2022\nA2021-13 amendments by\nA2021-13\n26 Sept 2022\n26 Sept 2022–\n2 Nov 2025\nA2021-13 editorial\namendments\nunder\nLegislation Act\n\n6 Expired transitional or validating provisions\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":118}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The original 1997 Act focused on core inquisitorial functions for deaths, fires, and disasters with basic procedural powers. Its scope has expanded significantly to encompass mandatory family participation (s 68A, s 37), systematic public safety recommendations with mandatory ministerial responses (s 57(4)), coronial investigation scene powers (Part 5A), compulsory counsel assisting for deaths in care or custody (s 72), quality-of-care findings (s 74), and explicit interfaces with voluntary assisted dying legislation (s 13(2) and s 13(5)(b)). These changes transform the legislation from primarily fact-finding to a broader accountability and systemic reform tool."},"complexity_factors":["Extensive cross-references to at least 12 other Acts (e.g. Mental Health Act 2015, Crimes (Sentencing) Act 2005, Voluntary Assisted Dying Act 2024, Legislation Act 2001)","Nested definitions for 'death in care' (s 3BB) and 'death in custody' (s 3C) with multiple conditional limbs and exceptions","Layered procedural rules across 10 Parts and 5 Divisions covering hearings, evidence, post-mortems, investigation scenes, and reports","Conditional logic and exceptions throughout (e.g. s 13(2) exclusion for voluntary assisted dying, s 34A(2) prohibition on dispensing with hearings for custody deaths)","Detailed provisions on counsel assisting (ss 39, 39A, 39B, 72), agency response obligations (s 76), and Supreme Court oversight (Part 8) creating multiple pathways and safeguards"],"plain_english_summary":"**The Coroners Act 1997** sets up a special court in the Australian Capital Territory (ACT) to investigate certain deaths, fires that damage property, and disasters. \n\nIt requires coroners (usually magistrates) to examine **deaths** that are violent, suspicious, happen in custody or care, occur after medical procedures, or lack a clear medical explanation. The goal is to find out who died, when and where it happened, and how and why. For families and friends, the law stresses answering their questions, respecting cultural beliefs about death, and keeping them informed and involved where possible. \n\nCoroners can order post-mortem examinations (medical checks on the body), exhumations (digging up a buried body), or other tests. They hold public hearings where normal court evidence rules don't apply, allowing flexible fact-finding. After investigating, coroners issue written findings and can recommend changes to prevent future deaths, improve public health and safety, or fix problems in justice or services. \n\nThere are extra rules for deaths in care (like in mental health facilities) or custody (like in prisons or under police), including mandatory lawyers to help the coroner, checks on care quality, and requirements for agencies to respond to findings. The Act also creates offences for not reporting deaths and allows the Supreme Court to step in if needed. Overall, it aims to uncover truths, support grieving families, and make the community safer without turning into a blame game."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act as republished has expanded and specified the original coronial remit through later additions and refinements. Notable scope changes in the present text include: (a) explicit definitions and a distinct regime for \"death in care\" separate from \"death in custody\" (s 3BB, s 3C) and mandatory coronial steps for those deaths (pt 6, ss 69–76); (b) creation of a specific coronial investigation scene framework with express powers for urgent preservation of evidence (pt 5A, ss 68B–68G); (c) clearer procedural protections and powers regarding medical records and ancillary examinations (ss 19B–19C) and requirements on pathologist experience for inquests into deaths in care/custody (s 71); and (d) a statutory carve‑out tying the coroner’s jurisdiction to the Voluntary Assisted Dying Act for certain deaths (s 13(2)). These changes materially broaden operational tools, duties and reporting obligations compared with the Act as originally framed (see the objects at s 3BA), shifting some practical burdens to health providers, custodial agencies and police while adding specialised investigatory powers and mandatory processes for particular categories of death."},"complexity_factors":["Broad subject matter covering deaths, fires and disasters with distinct procedural tracks (divs 3.1–3.3 and pt 5A).","Many cross‑references to other laws and bodies (e.g. Voluntary Assisted Dying Act 2024 at s 13(2); Mental Health Act references in defs s 3BB, s 3D).","Substantial coronial investigatory powers (search warrants s 66, seizure s 67, exhumation s 27) balanced against evidence and privilege rules (ss 47–51B).","Special regimes and mandatory steps for deaths in care/custody (pt 6) including reporting, mandatory counsel assisting (s 72), and longer record retention (s 73).","Interplay and timing coordination with criminal prosecutions and DPP notifications (ss 58, 58A) that affect whether and when coronial findings proceed.","Significant administrative discretion vested in the Chief Coroner and coroners (s 7, s 34A, s 51A), plus delegated procedural rulemaking (s 51A) creating variability in implementation.","Multiple actors and stakeholders required to cooperate (police s 63, health providers s 19B, agencies s 76), increasing operational complexity.","Numerous offences, penalties and enforcement mechanisms (s 40(3), s 83, s 99A) with different standards (strict liability in some sections e.g. s 65(3), s 100(3)).","Detailed procedural provisions for evidence, witnesses, subpoenas, arrest and recognisance (ss 43–46, 47–49) that intersect with Criminal Code chapters (s 76A).","A long amendment and republishing history (endnotes) with incremental additions (pt 5A, pt 6) that add legacy complexity to interpreting current scope."],"plain_english_summary":"What this law does, mechanically\n\n- Establishes and runs the Coroner’s Court for the ACT and the office of Chief Coroner (s 4, s 6). Coroners are magistrates (and certain special magistrates or deputy coroners may be appointed) and must take an oath before exercising functions (s 5, s 8–11, sch 1).\n- Gives coroners power to investigate deaths, fires and disasters by holding inquests or inquiries, make written findings, and, where appropriate, make recommendations about preventing deaths and improving public safety (s 3BA; divs 3.1–3.3; s 52; s 57).\n- Sets out the kinds of deaths that must or may be inquired into (violent, unknown, suspicious, post‑operative, unexplained medical absence, accidents, and deaths in care or custody) and establishes jurisdiction even where the body is outside the ACT or missing (s 13(1)–(4), s 15).\n- Provides powers to obtain medical records and to order post‑mortem and ancillary examinations, to exhume or recover ashes and to reinter remains (pt 4, esp. ss 19B–21, 27–31). It also specifies reporting duties for doctors and analysts (s 32).\n- Creates procedural powers used in investigations and hearings: summonses/subpoenas (s 43–44), arrest warrants for non‑attendance (s 45), limits on the ordinary rules of evidence (s 47–48), public or private hearings (s 40), and the ability to appoint counsel to assist the coroner (s 39, s 72).\n- Gives coroners and police powers to secure and examine scenes and material evidence: search warrants and seizure powers for coronial purposes (s 66–67) and a distinct coronial investigation scene regime for urgent preservation of evidence (pt 5A, ss 68B–68G).\n- Creates special, additional procedures for deaths in care and deaths in custody, including mandatory notice and family engagement requirements, specialist pathologist direction, mandatory appointment of counsel assisting, longer record retention and specific reporting/response duties for agencies (pt 6, ss 69–76).\n- Imposes duties and penalties on people and institutions: obligations to report deaths (s 77), custodial officer reporting duties for deaths in care/custody (s 78), offences for interfering with bodies/ashes (s 83), contempt and other enforcement provisions (ss 99A, 76A). Penalty unit values at the republication date are noted in the republication material (penalty unit = $160 for an individual, $810 for a corporation).\n\nWho this affects\n\n- Coroners, the Chief Coroner and deputy coroners (s 5–11A, s 7).  \n- Immediate family and their representatives (notification, access and participation rights set out at ss 3BA(2), 23, 37, 68A).  \n- Health professionals, hospitals and other institutions that hold medical records or cared for the deceased (powers to order records and post‑mortems, retention requirements s 19B, s 20, s 100).  \n- Police and custodial officers: they assist coroners (s 63), must report certain deaths (s 78) and may be directed to preserve scenes or exercise coronial scene powers (pt 5A).  \n- Agencies responsible for people in care or custody (must receive coronial reports and provide a written response within fixed timeframes — ss 75–76).\n- Legal actors: Director of Public Prosecutions and lawyers who may act as counsel assisting (ss 39, 58, 72).\n\nWhy it matters (stated purposes and practical mechanisms)\n\n- The Act’s stated objects are to establish the Coroner’s Court, give coroners jurisdiction to inquire into certain deaths/fires/disasters, record findings publicly and allow coroners to make recommendations to improve public safety, health, and administration of justice (s 3BA). Those are the legislative purposes; the Act gives concrete legal mechanisms to pursue them (inquests/inquiries, findings, recommendations, reports to the Attorney‑General and Assembly — s 52, s 57).\n\nCosts, incentives, compliance burdens and decision‑making\n\n- Who pays and resource effects: the court may reimburse witnesses (s 98) and pay assistants (s 99). Police must, as far as practicable, assist coroners on request (s 63), which uses police resources. Agencies subject to coronial reports must prepare written responses within 3 months and that response must be circulated to the coroner and others (s 76), creating administrative cost and work for agencies.\n- Compliance obligations and penalties: people (including police and custodial officers) must report deaths that appear to fall within coronial jurisdiction (s 77–78) or risk penalties; hospitals and institutions must retain records for specified periods (s 100) or risk penalties. There are criminal offences for interfering with bodies/ashes intended for coronial examination (s 83) and for contravening court orders such as in camera direction (s 40(3)).\n- Bureaucratic discretion and points of decision: the Chief Coroner has supervisory powers to allocate matters, require reconsideration and arrange hearings (s 7, s 11A, s 64, s 68). Coroners have broad discretion whether to hold a hearing where cause and manner are sufficiently disclosed (s 34A), whether to make parts of hearings private (s 40), and whether to issue warrants, subpoenas or orders (ss 43, 66). Practice directions and procedural rules may be developed by the Chief Coroner (s 51A), leaving implementation choices to court leadership.\n- Interface with criminal prosecutions: if coronial evidence suggests an indictable offence, the coroner must notify the DPP and usually must pause parts of an inquest until prosecution decisions or timing issues are resolved (ss 58, 58A). The Act prevents coroners from making findings inconsistent with a final criminal verdict (s 58A(2)). This creates a coordination point between coronial inquiry and criminal justice, affecting timing of inquiries.\n\nEffects on private sector and independent entities\n\n- Hospitals, residential care and other institutions must produce medical records on written order (s 19B) and retain records for set periods (s 100). That imposes document‑management obligations on private and non‑profit providers that care for people.\n- Medical practitioners may be required to perform post‑mortems or ancillary examinations by order (s 21) and must report results (s 32). Those orders can change clinical workloads.\n- Businesses and property owners can request inquiries into fires (s 18) and may receive coroner findings about fire origin — findings could lead to recommendations affecting safety practices (s 57).\n\nImplementation risks, trade‑offs and operational observations\n\n- Concentrated benefits and diffuse costs: coronial findings and recommendations (s 57) may provide clear benefits to immediate families and to public safety stakeholders; the administrative costs (record retention, response preparation, legal assistance) fall on agencies, health providers and public bodies.\n- Discretion vs consistency: the Act vests significant discretion in coroners and the Chief Coroner about when to hold hearings (s 34A), who sits (s 7), and scene management (pt 5A). That discretion allows case‑by‑case decisions but also creates potential variability in practice; the Chief Coroner can reduce variability via practice directions (s 51A).\n- Substitution effects and timing trade‑offs: coronial pauses where criminal prosecutions are possible (s 58–58A) can delay public findings and the implementation of recommendations, but the Act restricts coroners from making findings inconsistent with final criminal judgments (s 58A(2)).\n- Protections to encourage cooperation: entities are protected from certain disciplinary or civil consequences for providing information to coroners (s 99B), which reduces disincentives for disclosure from public servants and other bodies.\n\nKey statutory hooks to look at quickly\n\n- Objects and powers: s 3BA; findings and recommendations: s 52 and s 57; coronial investigation scenes and urgent preservation powers: pt 5A (ss 68B–68G); duties and reporting for deaths in care/custody and agency responses: pt 6 (ss 69–76); reporting obligations and offences: ss 77–78, s 83; subpoenas and witnesses: ss 43–46; interaction with criminal prosecution: ss 58–58A; record retention and medical records: ss 19B, 100.\n\nNet effect, in practical terms\n\nThe Act creates a court‑based, inquisitorial process for establishing who died, how and why, and provides coroners with investigatory tools (orders, warrants, scene powers), procedural rules for hearings, obligations on institutions and custodial staff, and a mechanism for generating public findings and recommendations intended to inform public safety and institutional practice. It balances investigatory reach (search and seizure, exhumation, medical orders) with procedural protections for witnesses (self‑incrimination certificates, s 51B) and with pausing rules to avoid prejudicing criminal prosecutions (s 58–58A)."}},"importantCases":[],"_links":{"self":"/api/acts/coroners-act-1997","history":"/api/acts/coroners-act-1997/history","analysis":"/api/acts/coroners-act-1997/analysis","conflicts":"/api/acts/coroners-act-1997/conflicts","importantCases":"/api/acts/coroners-act-1997/important-cases","documents":"/api/acts/coroners-act-1997/documents"}}