Creates a dedicated Coronial Division of the Magistrates Court, defines reportable deaths and senior next of kin (s3A), and sets out appointment, delegation and administrative arrangements for coroners and the State Forensic Pathologist. It gives coroners and the Chief Magistrate statutory powers to investigate deaths, hold inquests and order autopsies, and to restrict scenes and seize evidence (see s5, s7(d),(e), s19, s28, s36, s34, s59). Affected parties include senior next of kin, medical practitioners, police and State agencies; some decisions may be appealed to the Supreme Court (s3B, s58A).
This Act establishes a modern coronial system for Tasmania, concentrating coronial jurisdiction in a Magistrates Court (Coronial Division) and setting out the powers, duties, procedures and appeal routes that govern investigations and inquests into deaths, fires and explosions. Mechanically the Act does the following.
Creates the Magistrates Court (Coronial Division) and requires coronial jurisdiction to be exercised within it (s 5). For inquest and investigatory purposes the court is constituted by a single magistrate or coroner (s 6).
Provides for appointment, oath-taking and administration of coroners and coronial staff, and delegates operational responsibility to the Chief Magistrate and the Chief Clerk (Coronial Division) (ss 7-15).
Establishes the office of State Forensic Pathologist, gives the office functions and power to approve other pathologists to perform coronial autopsies, and validates certain historical appointments (ss 17-18A, 35).
Prescribes mandatory and discretionary reporting duties for reportable deaths, defines reportable deaths in detail, and creates offences for failure to report or to provide information (ss 3, 3A, 19-20).
Sets out coroners’ jurisdiction to investigate and to hold inquests, mandatory in certain classes of cases (homicide, persons held in care or custody, workplace deaths where not plainly natural, unknown identity, deaths in custody or escape attempts), and gives the Chief Magistrate and Attorney-General powers to direct investigations or inquests (ss 21, 24, 24A, 40).
Confers investigative powers: control of bodies (s 31), power to order autopsies and to preserve or retain material (ss 32, 36-38), powers of entry, seizure and inspection and emergency police powers to secure evidence (ss 59-59A), and orders as to custody and disposition of exhibits (ss 60-63, 59B).
Current sections
Direct links to the current provisions in Coroners Act 1995.
(b) burial of the remains, including burial at sea; or
(c) placing the remains in a mausoleum or other permanent resting place; or
(d) placing the remains in the custody of an educational or scientific institution for the purpose of medical education or research; or
(e) removal of the remains from the State (but not if the remains have been cremated or are taken from the State by sea and buried at sea in the course of the voyage);
pathologist means a medical practitioner who has obtained a qualification in pathology recognised by the National Specialist Qualification Advisory Committee of Australia;
(ii) in a building or part of a building at a police station used for the confinement of persons under arrest or otherwise lawfully detained in custody; or
(iv) that appears to have been unexpected, unnatural or violent or to have resulted directly or indirectly from an accident or injury; or
(v) [Section 3 Amended by No. 1 of 2015, s. 4, Applied:21 Apr 2015] that occurs during a medical procedure, or after a medical procedure where the death may be causally related to that procedure, and a medical practitioner would not, immediately before the procedure was undertaken, have reasonably expected the death; or
(b) the death of a person who ordinarily resided in Tasmania at the time of death that occurred at a place outside Tasmania where the cause of death is not certified by a person who, under a law in force in the place, is a medical practitioner; or
(a) if a person was, immediately before the death of the deceased person, the only spouse of that deceased person, that spouse; or
(b) if the deceased person, at the time of his or her death, is survived by more than one person who would qualify as the deceased person's spouse, the last person to so qualify; or
(c) if the deceased person, at the time of his or her death, is survived by more than one person who would qualify as the deceased person's spouse and the spouse referred to in paragraph (b) is not available, another spouse of the deceased person if that spouse has the approval of the spouse referred to in paragraph (b) ; or
(e) if the person referred to in paragraph (a) , (b) , (c) or (d) is not available, the person with whom the deceased person had a caring relationship, at the time of his or her death, which was the subject of a deed of relationship registered under Part 2 of theRelationships Act 2003 ; or
(f) if the person referred to in paragraph (a) , (b) , (c) , (d) or (e) is not available, a parent of the deceased person; or
(h) if the person referred to in paragraph (a) , (b) , (c) , (d) , (e) , (f) or (g) is not available, an executor named in the will of the deceased person or a person who, immediately before the death, was a personal representative of the deceased person; or
(i) if the deceased person is an Aboriginal person, a person who, according to the customs and tradition of the community or group to which the person belongs, is an appropriate person.
3B
Determination of senior next of kin of deceased person
3B Determination of senior next of kin of deceased person
(1) If a person is aggrieved by a decision made under this Act specifying who is the senior next of kin of a deceased person for the purposes of this Act, the person may appeal the decision to the Supreme Court.
(2) On hearing an appeal under subsection (1) , the Supreme Court may –
(a) affirm the decision; or
(b) quash the decision and make any further orders as the Supreme Court thinks fit in the circumstances.
4
Common law rules cease to have effect
4 Common law rules cease to have effect
A rule of the common law that, immediately before the commencement of this section, conferred a power or imposed a duty on a coroner or a coroner's court ceases to have effect.
Part 2
Coroners
Part 2 Coroners
5
Establishment of coronial division
5 Establishment of coronial division
(1) There is established a division of the Magistrates Court to be known as the Magistrates Court (Coronial Division).
(2) The jurisdiction conferred on a coroner under this Act is to be exercised solely within the Magistrates Court (Coronial Division).
6
Court to comprise a single magistrate or coroner
6 Court to comprise a single magistrate or coroner
For the purposes of exercising the jurisdiction conferred on a coroner under this Act, the Magistrates Court is to be constituted by a single magistrate or a single coroner.
7
Functions of Chief Magistrate
7 Functions of Chief Magistrate
The functions of the Chief Magistrate under this Act are as follows:
(a) to ensure that a State coronial system is administered and operated efficiently;
(b) to oversee and co-ordinate coronial services;
(c) to ensure that all reportable deaths reported to a coroner are investigated;
(d) to ensure that an inquest is held whenever the Chief Magistrate considers it is desirable to do so and whenever an inquest is required by this Act to be held;
(e) to ensure that an autopsy is performed whenever the Chief Magistrate considers it is desirable to do so;
(f) to ensure that all fires and explosions that occur in this State are investigated whenever the Chief Magistrate considers that it is desirable to do so and whenever it is required by this Act;
(g) to issue guidelines to coroners to assist them to carry out their duties;
(h) to co-ordinate and allocate work between coroners;
(i) such other functions as are imposed on the Chief Magistrate under this Act.
8
General directions by Chief Magistrate
8 General directions by Chief Magistrate
(1) The Chief Magistrate may issue general directions to coroners requiring them to give to the Chief Magistrate or to a coroner, to whom the Chief Magistrate has delegated any of the Chief Magistrate's functions or powers, information coroners receive concerning reportable deaths, fires or explosions.
(2) A coroner who receives information to which the directions apply must comply with the directions as soon as possible after receiving the information.
9
Delegation by Chief Magistrate
9 Delegation by Chief Magistrate
The Chief Magistrate may delegate to a coroner any of the Chief Magistrate's functions or powers under this Act, other than this power of delegation.
10
Appointment, &c., of coroners
10 Appointment, &c., of coroners
(1) The Governor may appoint persons as coroners for the purposes of this Act.
(2) A coroner appointed under subsection (1) holds office during the Governor's pleasure.
(1) A coroner must not perform or exercise any of the functions, duties or powers of his or her office until he or she has, under section 10(1) of thePromissory Oaths Act 2015 , taken and subscribed the judicial oath.
(2) Subject to any directions given by the Chief Magistrate, the Chief Clerk (Coronial Division) is responsible for the administration of the State coronial system.
(3) The Chief Clerk (Coronial Division) is to perform such other functions as may be determined by the Chief Magistrate.
(c) issue a summons requiring a witness to attend an inquest to give oral evidence or to produce documents or other materials.
16
Coroner's officers
16 Coroner's officers
(1) A coroner's officer must –
(a) assist a coroner in carrying out the coroner's duties under this Act; and
(b) comply with any guidelines issued by the Chief Magistrate; and
(c) carry out all reasonable directions of a coroner.
(2) A police officer is, by virtue of his or her office, a coroner's officer and has the same functions and powers as are conferred or imposed on a coroner's officer by this Act.
(2) The State Forensic Pathologist may do all things necessary or convenient to be done for or in connection with, or incidental to, the performance of the State Forensic Pathologist's functions under this Act.
(2) For the purposes of this Act, the Minister is taken to have validly appointed a person to the position of the State Forensic Pathologist under this Act if –
(a) on or after the commencement of this Act, but before the commencement of the Validation Act 2023, the person was appointed under State Service legislation to one of the following offices or positions within the State Service:
(i) Director of Statewide Forensic Medical Health Services;
(ii) Director – Statewide Forensic Medical Services;
(iii) Director of Forensic Pathology Services;
(iv) Statewide Director of Forensic Pathology Services;
(v) Director of Forensic Pathology for Tasmania;
(vi) Statewide Director of Forensic Pathology;
(vii) Director Forensic Pathology; and
(b) while so appointed to that office or position –
(i) the person believed, on reasonable grounds, that he or she had also been appointed as the State Forensic Pathologist under this Act; and
(ii) he or she purportedly performed the functions, and purportedly exercised the powers, of the State Forensic Pathologist.
(3) Subsection (2) only applies in respect of a person while the person was appointed under State Service legislation to the relevant office or position for that person specified in subsection (2)(a) .
(4) A function of the State Forensic Pathologist purportedly performed, or a power of the State Forensic Pathologist purportedly exercised, by a person is taken to have been validly performed or exercised if –
(a) the function was performed, or the power was exercised, while the person was taken to have been appointed to the position of State Forensic Pathologist by virtue of this section; and
(b) the function was performed, or the power was exercised, by that person in good faith.
(5) For the avoidance of doubt, a person approved under section 35 to undertake coronial autopsies is taken to have been validly approved under that section if the person was approved by a person taken to have been appointed to the position of State Forensic Pathologist by virtue of this section.
Part 4
Reporting of deaths
Part 4 Reporting of deaths
19
Obligation to report death
19 Obligation to report death
(1) A person who has reasonable grounds to believe that a reportable death, other than a reportable death referred to in subsection (4) , has not been reported must report it as soon as possible to a coroner or a police officer.
Penalty: Fine not exceeding 10 penalty units.
(2) The coroner or the police officer must inform the Chief Magistrate or, if the Chief Magistrate has delegated relevant functions or powers to another coroner, that coroner, of the reported death as soon as possible.
(3) If more than one medical practitioner is present at or after a death and one of them reports it to a coroner or police officer, the other medical practitioners need not report the death but must give to the coroner investigating the death any information which may help the investigation.
must be reported as soon as possible to a coroner by the person in whose custody or care the person was held or by the police officer, correctional officer, mental health officer or prescribed person attempting to detain that person.
Penalty: Fine not exceeding 10 penalty units.
20
Information to coroner
20 Information to coroner
(1) A person who reports a death must give to the coroner investigating the death any information which may help the investigation.
Penalty: Fine not exceeding 10 penalty units.
(2) A police officer who has information relevant to an investigation must report it to the coroner investigating the death.
Part 5
Investigation of deaths
Part 5 Investigation of deaths
21
Jurisdiction of coroners to investigate a death
21 Jurisdiction of coroners to investigate a death
(1) A coroner has jurisdiction to investigate a death if it appears to the coroner that the death is or may be a reportable death.
(2) Unless the Attorney-General directs otherwise, a coroner need not investigate a death if an investigation or inquest is held in another State or in a Territory.
(1) The Attorney-General may approve an Aboriginal organisation for the purposes of this section.
(2) If, at any stage after a death is reported under section 19(1) , a coroner suspects that any human remains relating to that death may be Aboriginal remains, the coroner must refer the matter to an Aboriginal organisation approved by the Attorney-General.
(3) If a coroner refers a matter to an Aboriginal organisation approved by the Attorney-General –
(a) the coroner must not carry out any investigations or perform any duties or functions under this Act in respect of the remains; and
(b) the Aboriginal organisation must, as soon as practicable after the matter is referred to it, investigate the remains and prepare a report for the coroner.
(4) If the Aboriginal organisation in its report to the coroner advises that the remains are Aboriginal remains, the jurisdiction of the coroner under this Act in respect of the remains ceases and this Act does not apply to the remains.
(5) If the Aboriginal organisation in its report to the coroner advises that the remains are not Aboriginal remains, the coroner may resume the investigation in respect of the remains.
24
Jurisdiction of coroner to hold inquest into a death
24 Jurisdiction of coroner to hold inquest into a death
(1) Subject to section 25 , a coroner who has jurisdiction to investigate a death must hold an inquest if the body is in Tasmania or it appears to the coroner that the death, or the cause of death, occurred in Tasmania or that the deceased ordinarily resided in Tasmania at the time of death and –
(a) the coroner suspects homicide; or
(b) the deceased was immediately before death a person held in care or a person held in custody; or
Procedure at inquest where person charged with an offence
25 Procedure at inquest where person charged with an offence
(1) If on an inquest relating to a death, a fire or an explosion the coroner is informed, before making a finding, that a person has been charged before justices with any of the offences specified in subsection (2) , the coroner –
(a) must, in the absence of reason to the contrary, adjourn the inquest until after the conclusion of the proceedings with respect to any of those offences; and
(b) must inform the Attorney-General in writing of the inquest and its adjournment.
(3) After the conclusion of the criminal proceedings the coroner may, subject to subsection (4) , resume the adjourned inquest if the coroner is of the opinion that there is sufficient cause to do so.
(4) If in the course of the criminal proceedings a person has been charged on indictment, the inquest, on its resumption, must not contain any finding which is inconsistent with the determination of the matter by the result of those proceedings.
(5) Where a coroner resumes an inquest which has been adjourned in accordance with this section, the coroner must proceed in all respects as if the inquest had not previously begun and the provisions of this Act apply accordingly as if the resumed inquest were a fresh inquest.
(6) The clerk to the justices before whom a person is charged with any of the offences specified in subsection (2) must inform a coroner, who is holding an inquest relating to the death, fire or explosion, of the making of the charge and of the committal for trial or discharge of the person charged.
(7) For the purposes of this section, criminal proceedings are not taken to be concluded until a further appeal cannot be made in the course of those proceedings without an extension of time.
(8) Where a coroner decides not to resume an inquest adjourned in accordance with this section, the coroner must so inform the Attorney-General in writing.
(9) In this section, criminal proceedings means proceedings in respect of any of the offences specified in subsection (2) .
26
Decision by coroner not to hold an inquest into a death
26 Decision by coroner not to hold an inquest into a death
(1) If a coroner who has jurisdiction to hold an inquest into a death makes a decision not to hold an inquest or the Chief Magistrate makes a decision not to direct that an inquest be held, the coroner or the Chief Magistrate must –
(a) record the decision in writing; and
(b) specify the reasons for the decision; and
(c) as soon as practicable after making the decision, notify the senior next of kin of the deceased person, in writing, of the decision, including the reasons for the decision.
(2) Within 14 days after receiving notice of a decision under subsection (1) , the senior next of kin of the deceased person may apply to the Supreme Court for an order that an inquest be held.
(3) The Supreme Court may make an order that an inquest be held if it is satisfied that it is necessary or desirable in the interests of justice.
26A
Decision by coroner to hold an inquest into a workplace death
26A Decision by coroner to hold an inquest into a workplace death
(1) A coroner who decides to hold an inquest pursuant to section 24(1)(ea) must –
(a) record the decision in writing; and
(b) specify the reasons for the decision; and
(c) as soon as practicable after making the decision, notify the senior next of kin of the deceased person, in writing, of the decision, including the reasons for the decision.
(2) Within 14 days after receiving notice of a decision under subsection (1) , the senior next of kin of the deceased person may, in writing, request the coroner not to hold the inquest.
(3) If the senior next of kin makes that request, the coroner, despite section 24(1)(ea) , may decline to hold the inquest if he or she is satisfied that it would not be contrary to the public interest or the interests of justice if the inquest were not held.
27
Applications for inquests into a death
27 Applications for inquests into a death
(1) A person who a coroner considers has a sufficient interest in a death may request the coroner to hold an inquest into the death.
(2) If a coroner who has jurisdiction to hold an inquest into a death makes a decision not to hold an inquest after being requested to do so by a person, the coroner must –
(a) record the decision in writing; and
(b) specify the reason for the decision; and
(c) as soon as practicable after making the decision, notify that person, in writing, of the decision, including the reasons for the decision.
(3) Within 14 days after receiving notice of the decision not to hold an inquest, the person who requested the inquest may apply to the Supreme Court for an order that an inquest be held.
(4) The Supreme Court may make an order that an inquest be held if it is satisfied that it is necessary or desirable in the interests of justice.
28
Findings, &c., of coroner investigating a death
28 Findings, &c., of coroner investigating a death
(1) A coroner investigating a death must find, if possible –
(2) A coroner must, whenever appropriate, make recommendations with respect to ways of preventing further deaths and on any other matter that the coroner considers appropriate.
(3) A coroner may comment on any matter connected with the death including public health or safety or the administration of justice.
(4) A coroner must not include in a finding or comment any statement that a person is or may be guilty of an offence.
(2) A record is not evidence in any court of any fact asserted in it.
30
Reports on deaths
30 Reports on deaths
(1) A coroner may report to the Attorney-General on a death which the coroner investigated.
(2) A coroner may make recommendations to the Attorney-General on any matter connected with a death which the coroner investigated, including public health or safety or the administration of justice.
(3) A coroner must report to the Attorney-General if the coroner believes that an indictable offence has been committed in connection with a death which the coroner investigated.
31
Control of body
31 Control of body
If a reportable death occurs and the body is in Tasmania, the body is under the control of the coroner investigating the death, subject to any directions the Chief Magistrate may give, until the coroner has issued a certificate under section 32 .
(2) A certificate under subsection (1) must not be issued until an application made under section 27 or 37 is disposed of or the time for making such an application has expired.
(3) If the Supreme Court makes an order under section 27 or 37 , a coroner must not issue a certificate under subsection (1) .
(4) [Section 32 Subsection (4) amended by No. 58 of 1999, Sched. 1, Applied:01 Nov 2000] Notwithstanding subsection (2) , a coroner investigating a death may issue a certificate authorising the disposal of human remains before the time for making an application under section 27 has expired if the person who made a request to hold an inquest into the death advises the coroner that he or she does not intend to apply to the Supreme Court for an order that an inquest be held.
33
Aid to coroners in other places
33 Aid to coroners in other places
A coroner may use any of the powers of a coroner under this Act to help a coroner of another State or of a Territory to investigate a death.
34
Power to restrict entry to place where death occurred
34 Power to restrict entry to place where death occurred
(1) A coroner investigating a death may take reasonable steps to restrict access to the place where the death occurred.
(2) The coroner may cause a prescribed notice to be put up at that place.
(3) A person must not, without good reason, enter or interfere with any area to which access is restricted under this section.
Penalty: Fine not exceeding 10 penalty units or imprisonment for a term not exceeding 3 months.
(4) A coroner must not restrict access to the place for any longer period than is necessary.
(5) Any person aggrieved by a decision of the coroner to restrict access to any place may apply to the Chief Magistrate for a review of that decision.
(6) The Chief Magistrate may make such order in relation to the decision of the coroner as the Chief Magistrate thinks necessary.
Approval of pathologists or medical practitioners to undertake autopsies
35 Approval of pathologists or medical practitioners to undertake autopsies
(1) The State Forensic Pathologist may approve pathologists or medical practitioners to undertake coronial autopsies.
(2) The approval of the State Forensic Pathologist under subsection (1) is to be in writing.
36
Autopsies
36 Autopsies
(1) If a coroner reasonably believes that it is necessary for the investigation of a death, the coroner may direct the State Forensic Pathologist or an approved pathologist, or a medical practitioner under the direct supervision of the State Forensic Pathologist or an approved pathologist, to perform an autopsy on the body.
(2) A coroner must direct the State Forensic Pathologist or an approved pathologist, or a medical practitioner under the direct supervision of the State Forensic Pathologist or an approved pathologist, to perform an autopsy on the body if directed by the Chief Magistrate to do so.
(3) A coroner may direct the State Forensic Pathologist or a pathologist or medical practitioner performing an autopsy to cause to be preserved for such period as the coroner directs any material which appears to the State Forensic Pathologist or the pathologist or medical practitioner to relate to the cause of death or the circumstances surrounding the death.
(4) The State Forensic Pathologist or a pathologist or a medical practitioner performing an autopsy may remove and retain such parts of the body as he or she considers necessary in order to determine the cause of death or the circumstances surrounding the death.
37
Application for autopsy
37 Application for autopsy
(1) If a coroner has jurisdiction to investigate a death, any person who the coroner considers has a sufficient interest in the death may request the coroner to direct that an autopsy be performed on the body.
(2) If the coroner refuses a person's request, the coroner must as soon as practicable after the refusal give to the person reasons in writing for the refusal.
(3) Within 48 hours after receiving notice of a refusal, the person may apply to the Supreme Court for an order that an autopsy be performed.
(4) If the Supreme Court is satisfied that it is desirable in all the circumstances, it may make an order –
(a) directing the coroner to require the State Forensic Pathologist or an approved pathologist, or a medical practitioner under the direct supervision of the State Forensic Pathologist or an approved pathologist, to perform an autopsy; and
(b) prohibiting burial, cremation, disposal at sea or other disposal until the coroner has the results of the autopsy and has ordered burial, cremation, disposal at sea or other lawful disposal.
38
Objections to autopsy
38 Objections to autopsy
(1) Where the senior next of kin of the deceased person requests a coroner not to direct that an autopsy be performed but the coroner decides that an autopsy is necessary, the coroner must immediately give notice in writing of the decision to the senior next of kin.
(2) Where a request has been made under subsection (1) , an autopsy must not be performed until 48 hours after the senior next of kin of the deceased person has been given notice of the coroner's decision under that subsection unless the coroner believes that an autopsy needs to be performed immediately.
(3) Within 48 hours after receiving notice of the coroner's decision under subsection (1) , the senior next of kin of the deceased person may apply to the Supreme Court for an order that an autopsy not be performed and the Supreme Court, in its discretion, may make an order that an autopsy not be performed.
39
Exhumation
39 Exhumation
(1) The Chief Magistrate may order that the body of a deceased person be exhumed if the Chief Magistrate reasonably believes that it is necessary for an investigation of a death.
(2) The Chief Magistrate must ensure that at least 48 hours' notice in writing is given to the senior next of kin of the deceased person and to the trustees or owners of the cemetery, burial ground or place of burial where the body of the deceased person is buried before the body is exhumed unless the Chief Magistrate is satisfied it is not possible to give the notice.
(3) If the senior next of kin of the deceased person asks the Chief Magistrate not to exhume the body of the deceased person, the body must not be exhumed until 48 hours after the request has been made.
(4) Within 48 hours after receiving notice of the order under subsection (2) , the senior next of kin of the deceased person may apply to the Supreme Court for an order that the body of the deceased person not be exhumed and the Supreme Court, in its discretion, may make an order that the body not be exhumed.
Part 6
Investigation of Fires and Explosions
Part 6 Investigation of Fires and Explosions
40
Jurisdiction of coroner to investigate a fire or an explosion
40 Jurisdiction of coroner to investigate a fire or an explosion
(1) A coroner has jurisdiction to investigate a fire or an explosion if the fire or explosion occurs in the State and the coroner believes it is desirable to conduct an investigation.
(2) A coroner must investigate a fire or an explosion if the Attorney-General or the Chief Magistrate directs that an investigation be held.
Application for investigation into a fire or an explosion
42 Application for investigation into a fire or an explosion
(1) A person who the coroner considers has a sufficient interest in a fire or an explosion may request a coroner to investigate the fire or explosion.
(2) If a coroner refuses a person's request to investigate a fire or an explosion, the coroner must give reasons in writing for the refusal to the person, the Attorney-General and the Chief Magistrate.
(3) A person who asks a coroner to investigate a fire or an explosion must give to the coroner any information which may help the investigation.
Penalty: Fine not exceeding 10 penalty units.
43
Jurisdiction of coroner to hold inquest into a fire or an explosion
43 Jurisdiction of coroner to hold inquest into a fire or an explosion
(1) A coroner must hold an inquest into a fire or an explosion if the Attorney-General or the Chief Magistrate directs that an inquest be held.
(2) A coroner who has jurisdiction to investigate a fire or an explosion may hold an inquest if the coroner believes it is desirable.
44
Decision by coroner not to hold an inquest into a fire or an explosion
44 Decision by coroner not to hold an inquest into a fire or an explosion
(1) If a coroner who has jurisdiction to hold an inquest into a fire or an explosion makes a decision not to hold an inquest after being requested to do so by a person, the coroner must –
(a) record the decision in writing; and
(b) specify the reasons for the decision; and
(c) as soon as practicable after making the decision, notify the person who made the request of the decision, in writing, including the reasons for the decision.
(2) Within 14 days after a person receives notice of the decision not to hold an inquest, the person may apply to the Supreme Court for an order that an inquest be held.
(3) The Supreme Court may make an order that an inquest be held if it is satisfied that it is necessary or desirable in the interests of justice.
45
Findings, &c., of coroner investigating a fire or an explosion
45 Findings, &c., of coroner investigating a fire or an explosion
(1) A coroner investigating a fire or an explosion must find if possible –
(a) the cause and origin of the fire or explosion; and
(b) the circumstances in which the fire or explosion occurred; and
(c) the identity of any person who contributed to the cause of the fire or explosion.
(2) A coroner may comment on any matter connected with the fire or explosion including public health or safety or the administration of justice.
(3) A coroner must not include in a finding or comment any statement that a person is or may be guilty of an offence.
(2) A record is not evidence in any court of any fact asserted in it.
47
Reports on fires or explosions
47 Reports on fires or explosions
(1) A coroner may report to the Attorney-General on a fire or an explosion which the coroner investigated.
(2) A coroner must report to the Attorney-General on a fire or an explosion which the coroner investigated at the direction of the Attorney-General.
(3) A coroner may make recommendations to the Attorney-General on any matter connected with a fire or an explosion which the coroner investigated, including public health or safety or the administration of justice.
(4) A coroner must report to the Attorney-General if the coroner believes that an indictable offence has been committed in connection with a fire or an explosion which the coroner investigated.
48
Police to report further information to coroner
48 Police to report further information to coroner
A police officer who has information relevant to an investigation must report it to the coroner investigating the fire or explosion.
49
Restriction of access to fire or explosion area
49 Restriction of access to fire or explosion area
(1) A coroner investigating a fire or an explosion may take reasonable steps to restrict access to the place where the fire or explosion occurred.
(2) The coroner may cause a prescribed notice to be put up at that place.
(3) A person must not, without good reason, enter or interfere with any area to which access is restricted under this section.
Penalty: Fine not exceeding 10 penalty units or imprisonment for a term not exceeding 3 months.
(4) A coroner must not restrict access to the place for any longer period than is necessary.
(5) Any person aggrieved by a decision of the coroner to restrict access to any place may apply to the Chief Magistrate for a review of that decision.
(6) The Chief Magistrate may make such order in relation to the decision of the coroner as the Chief Magistrate thinks necessary.
The Chief Magistrate may direct that the following be investigated at the one inquest:
(a) more than one death;
(b) more than one fire;
(c) more than one explosion;
(d) both a fire and explosion or both more than one fire and more than one explosion;
(e) both a death and a fire or explosion or both more than one death and more than one fire or more than one explosion;
(f) both a death and a fire and an explosion or both more than one death and more than one fire and more than one explosion.
51
Rules of evidence not applicable
51 Rules of evidence not applicable
A coroner holding an inquest is not bound by the rules of evidence and may be informed and conduct an inquest in any manner the coroner reasonably thinks fit.
52
Rights of interested persons
52 Rights of interested persons
(1) A coroner may make available any statements or affidavits that the coroner intends to consider to any person who the coroner considers has a sufficient interest.
(2) The Attorney-General or a person who the coroner considers has a sufficient interest may make submissions to a coroner at any stage of an investigation.
(3) The Attorney-General may appear or be represented, call and examine or cross-examine witnesses, and make submissions, at an inquest.
(4) [Section 52 Subsection (4) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] A person who the coroner considers has a sufficient interest may appear or be represented by an Australian legal practitioner or, with permission of the coroner, by any other person at an inquest, call and examine or cross-examine witnesses, and make submissions, at an inquest.
53
Powers of coroners at an inquest
53 Powers of coroners at an inquest
(1) If a coroner reasonably believes it is necessary for the purposes of an inquest, the coroner may –
(a) summon a person to attend as a witness or to produce any document or other materials; and
(b) inspect, copy and keep for a reasonable period any thing produced at the inquest; and
(c) order a witness to answer questions; and
(d) order a witness to take an oath or affirmation to answer questions; and
(e) give any other directions and do anything else the coroner believes necessary.
(2) A coroner may be assisted by counsel or by such other persons as the coroner determines.
(3) [Section 53 Subsection (3) amended by No. 29 of 2017, Sched. 1, Applied:05 Sep 2017] If a coroner determines that the assistance of counsel is required, the coroner must request the Director of Public Prosecutions to provide counsel to assist the coroner and the Director of Public Prosecutions may provide counsel to assist the coroner.
(4) A person must not, without reasonable excuse, disobey a summons, order or direction under subsection (1) .
Penalty: Fine not exceeding 10 penalty units or imprisonment for a term not exceeding 3 months.
(5) If a person to whom a summons is issued does not appear, the coroner may issue a warrant to apprehend the person.
(6) If a person is apprehended under a warrant issued under subsection (5) , the coroner may –
(a) commit the person to prison until the inquest or the further hearing of the inquest; or
(b) admit the person to bail; or
(c) orally order the person to appear before the coroner at the time and place to which the inquest in which that person is required as a witness has been adjourned.
53A
Power of coroner to defer provision of information
53A Power of coroner to defer provision of information
(2) An agency or Minister directed by the coroner under subsection (1) is to comply with that direction.
54
Statements or disclosures made by witnesses at inquest
54 Statements or disclosures made by witnesses at inquest
A statement or disclosure made by any witness in the course of giving evidence before a coroner at an inquest is not admissible in evidence against that witness in any civil or criminal proceeding in any court other than a prosecution for perjury in the giving of that evidence.
55
Coroner to hold inquest without a jury
55 Coroner to hold inquest without a jury
A coroner must hold an inquest without a jury.
56
Exclusion of persons from inquest
56 Exclusion of persons from inquest
(1) Subject to this section, a coroner is to conduct an inquest in open court.
(2) A coroner may order the exclusion from an inquest of any person or all persons if the coroner considers that it is in the interests of the administration of justice, national security or personal security.
(3) A coroner may order –
(a) the removal from an inquest of a person who disobeys an exclusion order; and
(b) the imprisonment of the person for not more than 24 hours if the coroner reasonably believes that the person will continue to disobey the order.
57
Restriction on publication of reports
57 Restriction on publication of reports
(1) A coroner may order that a report of an inquest or a report of any part of the proceedings of, or any evidence given at, an inquest not be published if the coroner reasonably believes that –
(a) it would be likely to prejudice the fair trial of a person; or
(b) it would be contrary to the administration of justice, national security or personal security; or
(c) it would involve the disclosure of details of sensitive personal matters including, if the senior next of kin of the deceased has so requested, the name of the deceased.
(2) A person must not publish a report contrary to an order under subsection (1) .
Penalty: Fine not exceeding 50 penalty units.
(3) A coroner may, in an order under subsection (1) , specify the time for which the order is to be in force.
(1) The Chief Magistrate may reopen an investigation and re-examine some or all of its findings, or direct another coroner to do so, if the Chief Magistrate is satisfied that –
(a) the investigation was or may have been tainted by fraud; or
(b) the investigation was not sufficiently thorough or was compromised by evidentiary or procedural irregularity; or
(c) there are mistakes in the record of the findings; or
(d) new facts or evidence affecting the findings have come to light; or
(e) the findings were not supported by the evidence; or
(f) there is another compelling reason to reopen the investigation.
(2) The Chief Magistrate's power under subsection (1) may be exercised on –
(a) the Chief Magistrate's own initiative; or
(b) the application of a person who the Chief Magistrate considers has a sufficient interest in the findings of the investigation.
(3) However, the Chief Magistrate is not to exercise power under subsection (1) if an application under section 58A in respect of the investigation –
(a) is before the Supreme Court; or
(b) has been rejected by the Supreme Court and the Chief Magistrate's reasons for exercising the power would be the same or substantially the same as the grounds of that application.
(4) A coroner who is directed to reopen an investigation under this section may, but need not be, the same coroner who conducted the investigation.
(5) A coroner who is re-examining some or all of the findings of an investigation that has been reopened under this section may do any of the following:
(a) affirm the findings;
(b) quash the findings;
(c) vary the findings.
(6) Subsection (5) does not prevent the coroner from exercising any other power or performing any other function under this Act in respect of the reopened investigation.
(a) is to order the Chief Magistrate to exercise power under subsection (1) in accordance with such directions as the court may specify in the order; and
(b) may make such further orders as the court thinks fit in the circumstances.
58A
Supreme Court may order inquest findings void, &c.
58A Supreme Court may order inquest findings void, &c.
(1) Any person may apply to the Supreme Court for an order that all or any of the findings of an inquest are void.
(2) Subsection (1) has effect even if the Chief Magistrate has refused an application by any person to reopen the inquest under section 58 .
(3) On an application under subsection (1) , the Supreme Court may make the order applied for if the court is satisfied that –
(a) the inquest was or may have been tainted by fraud; or
(b) the inquest was not sufficiently thorough or was compromised by evidentiary or procedural irregularity; or
(c) there are mistakes in the record of the findings; or
(d) new facts or evidence affecting the findings have come to light; or
(e) the findings were not supported by the evidence; or
(f) there is another compelling reason to reopen the inquest.
(4) If the Supreme Court orders that all or any of the findings of the inquest are void, it is to further order the Chief Magistrate to –
(a) reopen the inquest and re-examine any of its findings or hold a new inquest; or
(b) direct another coroner to reopen the inquest and re-examine any of its findings or hold a new inquest.
(5) If subsection (4)(b) applies, the Supreme Court may require that the other coroner not be the same coroner who held the first inquest.
(6) An applicant under subsection (1) may adduce any evidence, or raise any grounds, whether or not the evidence or grounds have been adduced or raised before the Chief Magistrate on an application under section 58 .
Part 8
Miscellaneous
Part 8 Miscellaneous
58B
Information on operation of Act provided to senior next of kin and other persons with sufficient interest
58B Information on operation of Act provided to senior next of kin and other persons with sufficient interest
[Section 58B Inserted by No. 5 of 2023, s. 10, Applied:13 Jun 2023] As soon as practicable after a coroner commences an investigation into a death under section 21 , a person appointed to be the Chief Clerk (Coronial Division) under section 14 is to ensure that any general, or specific, information that is specified in the regulations in relation to the operation of the Act is provided, in the manner specified in the regulations (whether an electronic manner, paper manner, or both), to –
(a) the senior next of kin of the deceased person; and
(b) any other person whom the coroner considers to have a sufficient interest in the death.
58C
Certain records to be provided to senior next of kin in certain circumstances
58C Certain records to be provided to senior next of kin in certain circumstances
coronial authority, in respect of a deceased person, means –
(a) the Chief Magistrate; or
(b) the coroner who has jurisdiction to investigate the death of the deceased person;
coronial record means any of the following records in relation to an investigation of a death under this Act:
(a) the following records, if held by the Magistrates Court (Coronial Division):
(i) a report, in respect of the investigation or death, that is prepared by, or on behalf of, the State Forensic Pathologist or by a pathologist, or medical practitioner, approved under section 35 ;
(ii) any other record or document, including any photograph, that –
(a) contains evidentiary material from the investigation; or
(b) is made under this Act in relation to the investigation or death; or
(c) is made as part of an autopsy performed under section 36 in relation to the death;
(iii) a transcript, or recording, of oral evidence given to the court in respect of the investigation;
(b) a record referred to in paragraph (a) if the record is able to be provided lawfully to the Magistrates Court (Coronial Division) under this Act or any other Act.
(2) The senior next of kin of a deceased person may request to be provided with a copy of one or more coronial records prepared in respect of the deceased person.
(a) is to be made in writing to a coronial authority; and
(b) may relate to a specific coronial record, or all coronial records, prepared in respect of the deceased person to whom the request relates.
(4) Subject to subsection (5) , if a request is made to a coronial authority under subsection (2) in respect of a coronial record, the coronial authority must provide a copy of the record to the person who made the request within 28 days after the request is made or such later period as agreed between the person and the coronial authority.
(5) A coronial authority may only refuse a request under subsection (2) in respect of a coronial record if the coronial authority is satisfied, on reasonable grounds, that –
(a) the coronial record is unable to be released by virtue of section 57 , or another provision of this Act or any other Act; or
(b) the release of the coronial record to the senior next of kin would be –
(i) an unreasonable intrusion on the privacy of a person referred to in the record, other than the deceased person to whom the request relates; and
(ii) contrary to the public interest due to that intrusion on the privacy of the person; or
(c) the release of the coronial record would be likely to prejudice –
(i) the investigation of a breach, or possible breach, of the law; or
(ii) the enforcement or proper administration of the law; or
(iii) the fair trial of a person; or
(d) the release of the coronial record would be contrary to national security or personal security.
(6) If a coronial authority is satisfied that subsection (5) applies in respect of a coronial record, the coronial authority may redact or modify a copy of the record to the extent necessary, in the opinion of the coronial authority, to enable the record to be released under this section.
(7) A coronial authority may order that a coronial record, released to a senior next of kin under this section, not be published.
(8) A coronial authority may only make an order under subsection (7) if the coronial authority is satisfied, on reasonable grounds, that the publication of the coronial record is contrary to the public interest.
(9) A person must not publish a coronial record contrary to an order under subsection (7) .
Penalty: Fine not exceeding 50 penalty units.
(10) If a senior next of kin who has made a request under this section is aggrieved by one or more of the following matters in respect of the request, the senior next of kin may appeal the matter:
(a) a decision that a record is not a coronial record for the purposes of the request;
(b) a failure to provide a copy of the coronial record as required under subsection (4) ;
(c) a decision that subsection (5) applies in respect of a coronial record to which the request relates including, but not limited to, whether an intrusion on the privacy of a person is unreasonable;
(d) the making of an order under subsection (7) in respect of a coronial record released under the request.
(11) An appeal under subsection (10) is to be determined by –
(a) if the appeal relates to a request, under this section, determined by the Chief Magistrate as a coronial authority – the Supreme Court; and
(b) in any other case – the Chief Magistrate.
(12) A person aggrieved by a decision of the Chief Magistrate in respect of an appeal under subsection (11)(b) may appeal the decision to the Supreme Court.
(13) On the hearing of an appeal under subsection (10) or (12) , the person determining the appeal may do one or more of the following:
(a) affirm, or quash, the decision specified in subsection (10) to which the appeal relates;
(b) affirm, amend, revoke or substitute the order under subsection (7) to which the appeal relates;
(c) make any further orders as the person thinks fit in the circumstances.
59
Powers of entry, inspection and possession
59 Powers of entry, inspection and possession
(1) A coroner who has jurisdiction to investigate a death, a fire or an explosion may, with any assistance the coroner considers necessary –
(a) enter, with such force as is reasonable, and inspect any place and anything in it; and
(b) take a copy of any document relevant to the investigation; and
(c) take possession of any article, substance or thing which the coroner reasonably believes is relevant to the investigation and keep it until the investigation is finished.
(2) A coroner may only exercise the powers under subsection (1) if the coroner reasonably believes it is necessary for the investigation.
(3) If a coroner reasonably believes it is necessary for the investigation, the coroner may, in writing, authorise a police officer or a person authorised by the coroner for the purposes of this section to exercise any one or more of the following powers:
(a) enter, with such force as is reasonable, a specified place;
(b) inspect a specified place and any article, substance or thing in it;
(c) take a copy of specified documents or classes of documents;
(d) take possession of specified articles, substances or things or classes of articles, substances or things.
(4) The powers specified in subsection (3) may be exercised at or between times specified in the authority during a period so specified (being a period not exceeding one month after the authority is given).
(5) Subject to subsection (6) , a police officer or a person authorised by a coroner for the purposes of this section may not exercise any of the powers specified in subsection (3) unless the police officer or person, before exercising any of those powers, gives a copy of the police officer's or person's authority to exercise those powers to the owner or occupier of the place to be entered or inspected, or the person in possession of the document or thing, to be inspected, copied or taken.
(6) A police officer or a person authorised by a coroner for the purposes of this section may exercise any of the powers specified in subsection (3) without giving a copy of the police officer's or person's authority to exercise those powers to the owner or occupier of the place to be entered or inspected, or the person in possession of the document or thing, to be inspected, copied or taken, if it is not practicable in the circumstances to do so.
(1) If a police officer reasonably believes that –
(a) an article, substance or thing at a place where a death, fire or explosion has occurred is likely to have evidentiary value in a coroner's investigation into that death, fire or explosion; and
(b) there is a danger that the article, substance or thing could be lost, concealed or destroyed, or its evidentiary value could be ruined or compromised, if it is not immediately secured –
the police officer, with assistance and using reasonable force if necessary, may enter and inspect the place and take possession of the article, substance or thing.
(2) Subject to subsection (3)(a) , a police officer may exercise power under subsection (1) whether or not a coroner is investigating the death, fire or explosion at the relevant time.
(3) The following provisions apply to the exercise of the power specified in subsection (1) if at the relevant time a coroner is investigating the death, fire or explosion:
(a) the power is to be exercised only if the police officer reasonably believes that in the circumstances it is impracticable to obtain, or unsafe to wait for, authorisation under section 59(3) ;
(b) as soon as practicable after exercising the power, the police officer is to give the coroner and the Chief Magistrate notice and full particulars of the police officer's action;
(c) except as may otherwise be provided by an order in force under section 60(2) , on the giving of the notice referred to in paragraph (b) the article, substance or thing is in the legal custody, care and control of the coroner.
(4) The following provisions apply to the exercise of the power specified in subsection (1) if at the relevant time a coroner is not investigating the death, fire or explosion:
(a) the police officer may retain the article, substance or thing pending the commencement of an investigation;
(b) if an investigation is commenced within 12 months of the power being exercised –
(i) the police officer must immediately give the coroner and the Chief Magistrate notice and full particulars of the police officer's action; and
(ii) except as may otherwise be provided by an order under section 60(2) , on the giving of the notice the article, substance or thing is in the legal custody, care and control of the coroner;
(c) if an investigation is not commenced within 12 months of the power being exercised, the article, substance or thing is to be –
(i) returned to the person from whom it was taken or, if that person is not legally entitled to take possession of it, to the person who is so entitled; or
(ii) disposed of as the Commissioner of Police directs if it is illicit.
59B
Disposal, &c., of evidence that cannot be practicably or safely held
59B Disposal, &c., of evidence that cannot be practicably or safely held
(a) rendered safe or inert (if necessary by treating, repackaging or breaking up the evidentiary material); or
(b) destroyed or otherwise disposed of.
(4) However, before any action is taken under subsection (3) , the Commissioner of Police must ensure –
(a) that a photographic or audio-visual record of the evidentiary material is taken; and
(b) where practicable, that –
(i) 2 or more samples are taken of the evidentiary material; and
(ii) each of those samples is a true representation of the nature of the evidentiary material.
(5) The Commissioner must ensure that the samples so taken are kept securely for as long as they are reasonably likely to be required for evidentiary purposes.
60
Orders for care and control of articles, &c.
60 Orders for care and control of articles, &c.
(1) This section applies to a person claiming ownership of, a lien over, or some other present or future right to possession of, an article, substance or thing that is in the legal custody of a coroner for the purposes of an investigation.
(4) An article, substance or thing remains in the legal custody of the coroner notwithstanding any order made under subsection (2) .
61
Orders as to custody, &c., of articles, &c.
61 Orders as to custody, &c., of articles, &c.
(1) [Section 61 Subsection (1) amended by No. 69 of 2003, Sched. 1, Applied:15 Dec 2003] On the conclusion of an investigation or on the adjournment or conclusion of an inquest, a coroner must make such orders as the coroner thinks fit for the custody, care and control, or the disposition, of each article, substance or thing that was tendered in evidence at the inquest or taken possession of under section 59 or 59A unless the coroner is satisfied that the article, substance or thing will be, or is likely to be, required for the purpose of other legal proceedings.
(2) If it is not practicable for the coroner who made the original order to hear an application under subsection (1) , the application may be heard and determined by any other coroner.
63
Appeal to Supreme Court from orders as to custody, &c., of articles, &c.
63 Appeal to Supreme Court from orders as to custody, &c., of articles, &c.
Coroner not required to give evidence in certain cases
64 Coroner not required to give evidence in certain cases
[Section 64 Substituted by No. 44 of 2004, s. 21, Applied:16 Dec 2004] A coroner is not a compellable witness before a court or tribunal, or in any judicial or other proceedings, in respect of anything that came to the coroner's knowledge in exercising and performing his or her powers and functions under this Act.
65
Obstruction
65 Obstruction
A person must not hinder or obstruct a coroner or a person acting under a coroner's authority in exercising powers under this Act.
Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 6 months.
66
Contempt
66 Contempt
A person must not –
(a) insult a coroner in relation to the exercise of the coroner's functions or powers; or
(b) interrupt an inquest; or
(c) create a disturbance, or take part in creating or continuing a disturbance, in or near a place at which an inquest is being held.
Penalty: Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 6 months.
67
Protection from legal proceedings
67 Protection from legal proceedings
Neither the coroner nor a person acting under an authority given under this Act is liable to any legal proceedings in relation to anything done under this Act, unless it was done in bad faith.
(a) fees and charges payable in respect of any matter under this Act; and
(b) expenses and allowances payable to witnesses or other persons under this Act.
(3) Regulations under this section may –
(a) authorise any act, matter or thing in relation to which the regulations may be made to be from time to time determined, applied or regulated by the Chief Magistrate; and
(b) be made subject to such conditions or be made so as to apply differently according to such factors as may be specified in the regulations or according to such limitations or restrictions, whether as to time or circumstance or otherwise, as may be so specified; and
(d) in respect of such an offence, provide for the imposition of a fine not exceeding 10 penalty units and, in the case of a continuing offence, a further fine not exceeding one penalty unit for each day during which the offence continues.
(4) Regulations under this section may contain provisions of a savings or transitional nature consequent on the enactment of this Act.
(5) A provision referred to in subsection (4) may, if the regulations so provide, take effect from the commencement of this Act or a later date.
(a) a reference in any Act to any section, Division, Part or Schedule of the Coroners Act 1957 is taken to be a reference to the equivalent provision, if any, in the Coroners Act 1995 ; and
(2) A person holding office as a coroner under the Coroners Act 1957 immediately before the commencement of this Act is taken to have been appointed as a coroner under this Act.
(3) The Coroners Act 1957 , as in force immediately before the commencement of this section, continues to apply in relation to –
(a) any death in respect of which a coroner has been informed before the commencement of this Act; and
(b) any direction given to a coroner before the commencement of this section by the Attorney-General to inquire into a fire; and
(c) any request –
(i) made to a coroner by the owner of property or an insurer of property destroyed or damaged by fire to inquire into the fire; and
(ii) approved by the Attorney-General –
before the commencement of this section; and
(d) any request given to a coroner before the commencement of this section by the State Fire Commission to inquire into a fire.
transition day means the day on which Part 3 of the Transition Act commences.
(2) Notwithstanding the amendments made to this Act by Part 3 of the Transition Act, the regulations that were in force under this Act immediately before the transition day (the "Coroners Regulations 1996") –
(a) continue in force on and after that day as if the Transition Act had not been enacted; and
(b) may, until rules take effect, be amended or remade as if the Transition Act had not been enacted.
(3) After rules take effect, the Coroners Regulations 1996 , unless sooner amended or remade consequent on the making of those rules or rescinded, continue in force only to the extent that they are not inconsistent with those rules.
(a) the administration of this Act is assigned to the Minister for Justice; and
(b) the Department responsible to the Minister for Justice in relation to the administration of this Act is the Department of Justice.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
This Act may be cited as the Coroners Act 1995 .
2 Commencement
2 Commencement
This Act commences on a day to be proclaimed.
3 Interpretation
3 Interpretation
*[Section 3 Amended by No. 2 of 1996, s. 87 and Sched. 7 ]*In this Act, unless the contrary intention appears –
Aboriginal remains means the remains of an Aboriginal person buried in accordance with Aboriginal custom;
approved pathologist means a pathologist or medical practitioner approved under section 35 ;
[Section 3 Amended by No. 72 of 2005, s. 75, Applied:20 Feb 2006][Section 3 Amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014]
body includes a portion of a human body;
[Section 3 Amended by No. 72 of 2005, s. 75, Applied:20 Feb 2006][Section 3 Amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014]controlling authority means a controlling authority within the meaning of the Mental Health Act 2013 ;
[Section 3 Amended by No. 1 of 2015, s. 4, Applied:21 Apr 2015]coroner means a person appointed as a coroner under this Act and, except in sections 10 and 11 , includes a magistrate;
[Section 3 Amended by No. 61 of 1999, Sched. 1, Applied:24 Nov 1999]
[Section 3 Amended by No. 61 of 1999, Sched. 1, Applied:24 Nov 1999]coroner's associate includes the Chief Clerk (Coronial Division);
means a correctional officer within the meaning of the ;
Regulates conduct of inquests, including freedom from rules of evidence (s 51), disclosure and non-publication tools (ss 52, 53, 53A, 57), privilege protecting in‑inquest statements from other proceedings (s 54), and requirement that inquests be held without jury (s 55).
Prescribes record-keeping, reporting to the Attorney-General, an annual reporting obligation for the Chief Magistrate, and delegated rule‑making/regulation-making powers (ss 29-30, 69-70, 69A).
Provides review and appeal pathways: Supreme Court appeals and orders to require inquests or reopen findings (ss 3B, 26(2), 27(3), 37(3), 58, 58A, 63, 68), and internal review by the Chief Magistrate (s 58).
Controls access to coronial records and provides a statutory process for senior next of kin to request copies of coronial records, with defined grounds for refusal and appeal (s 58C).
The Act removes pre-existing common law coronial powers and duties (s 4) and repeals the previous Coroners Act 1957 (s 71), while carrying transitional provisions for office-holders and outstanding matters (s 72). The Act therefore redefines who must report, when and how bodies and evidence are to be dealt with, what coroners may order and what procedural protections and time limits apply. The statutory architecture allocates decision-making power to the Chief Magistrate and to individual coroners, creates administrative responsibilities for the Department of Justice, and channels most contested matters to the Supreme Court or to the Chief Magistrate under specified sections.
Main concepts
The Act rests on a small number of core legal concepts and terms that drive practical outcomes.
Reportable death: defined in s 3 to include bodies in Tasmania, deaths occurring in Tasmania, deaths where the cause occurred in Tasmania, deaths while travelling from or to Tasmania, and a list of circumstances that trigger a reportable death such as violent, unexpected, medical-procedure-related, unknown cause, sudden infant death under one year, deaths at work not obviously natural, deaths of persons held in care or custody, and deaths occurring during escape or detention attempts (s 3, definition of “reportable death”; cf s 19 reporting duty).
Coroner and coronial system: a coroner is appointed by the Governor and must take a judicial oath before practising (ss 10, 11). The Chief Magistrate has system-wide oversight and administrative and direction-making powers including ensuring investigations and inquests are conducted where required (ss 7-9, 22).
Senior next of kin: the Act defines a statutory hierarchy for “senior next of kin” (spouse(s), adult children, registered caring partner, parents, adult siblings, executor or Aboriginal custom-based appropriate person) that triggers notification rights and procedural protections (s 3A; appeals about the determination go to the Supreme Court, s 3B).
Jurisdiction and mandatory inquests: coroners have jurisdiction to investigate deaths that are or may be reportable (s 21). A coroner must hold an inquest in specified categories (homicide suspicion, custody/care deaths, unknown identity, work-related uncertain deaths, deaths during escape, as required by other legislation, or by direction of the Attorney-General or Chief Magistrate) (s 24).
Control of bodies and autopsy regime: the coroner has legal custody of a body in Tasmania until a certificate of disposal is issued (s 31). Coroners can direct autopsies (s 36), must issue certificates authorising disposal as soon as reasonably possible but only after relevant application windows lapse (s 32), and must respect senior next of kin objections in statutory time windows with Supreme Court backstop (ss 37-39).
Evidentiary and investigatory powers: coroners are not bound by rules of evidence and can conduct inquests as they reasonably think fit (s 51). They can summon witnesses, compel answers, inspect and retain evidence, restrict access to scenes, and call for counsel assistance (ss 53, 59, 34, 53(2)-(3)). Statements given at inquest are generally inadmissible against witnesses in other proceedings except for perjury charges (s 54).
Records, disclosure and privacy: coroners must keep records of investigations (ss 29, 46). There is a statutory procedure for disclosure of coronial records to senior next of kin, including timeframes, grounds for redaction or refusal (section 58C), and an ability of coroners to defer provision of specified information otherwise obtainable under Right to Information laws where necessary for investigations (s 53A).
Preventing prejudice and publication control: coroners may restrict publication of reports or parts of proceedings where publication would prejudice fair trial, national or personal security, administration of justice, or reveal sensitive personal matters, and may set time limits on those orders (s 57).
Interlocks with criminal justice: coroners must not make findings that a person is or may be guilty of an offence (ss 28(4), 45(3)); where criminal charges are laid before an inquest is complete, coroners are to adjourn absent reason to the contrary and notify the Attorney-General (s 25). Coroners must report suspected indictable offences to the Attorney-General (s 30(3)).
These concepts produce concrete operational constraints. The Act allocates investigative discretion to coroners and the Chief Magistrate, creates statutory deadlines for notification and applications, sets evidentiary limits to preserve investigative candour, and establishes balancing rules for privacy, public interest and the proper administration of justice. Decision-makers (coroners, Chief Magistrate, Attorney-General, Supreme Court) are explicitly positioned to resolve disputes, and rules are provided for administrative delegation, approvals (eg State Forensic Pathologist approving other pathologists, s 35), and administrative guidance (s 7(g)).
Who it affects
The Act affects specific categories of persons and institutions, with differing duties, decision rights and exposure to penalties.
Medical practitioners: doctors who attend deaths are directly regulated. If a practitioner has reasonable grounds to believe a death is reportable, they must ensure reporting or, if another practitioner reports it, provide any information that may assist the coroner (s 19(1)-(3)). Failure to report is an offence punishable by a fine up to 10 penalty units (s 19(1)). Medical practitioners may be directed to conduct autopsies under coroner’s direction, or serve as approved pathologists (ss 35-36).
Police officers and other public officers: police are coroner’s officers by virtue of office and have attendant duties to report information relevant to investigations (ss 16(2), 20, 48). Police are given powers to secure evidence in emergency circumstances (s 59A) and to act under coroner authorisations (s 59(3)). They may be required to produce seized items and to follow coronial instructions about custody and disposal (ss 59, 59A, 60-63).
Correctional, mental health and custodial authorities: the Act treats deaths of persons held in custody or care as reportable (s 3 definition), and imposes mandatory reporting duties on persons in whose custody the deceased was held, or on those attempting to detain (s 19(4)). Coroners must report on the care, supervision or treatment of persons who died while held in care or custody (s 28(5)). This directly affects corrections departments, secure mental health units and child welfare authorities.
Senior next of kin and families: the Act creates express rights and processes for senior next of kin: notification when a decision not to hold an inquest is made (s 26(1)(c)), the ability to apply to the Supreme Court for an order that an inquest be held within 14 days (s 26(2)), the defined process and time windows for requesting or objecting to autopsies, exhumation and inquest decisions (ss 37-39, 26A), and a statutory entitlement to request copies of coronial records (s 58C), subject to narrow public interest and privacy exceptions.
Employers and workplace parties: workplace deaths that are not apparently natural fall within mandatory inquest criteria (s 24(1)(ea)). Employers, insurers and owners of property may request investigations into fires (s 42(1)-(3)) and are bound by the coroner’s powers to obtain documents.
State Forensic Pathologist and approved pathologists: the Act places obligations and powers on the State Forensic Pathologist to oversee forensic pathology services, undertake autopsies when requested or arrange them through approved pathologists, and to issue guidelines (s 18). The State Forensic Pathologist approves pathologists in writing (s 35).
Courts and litigators: the Act channels appeals and judicial review to the Supreme Court and to the Chief Magistrate (ss 3B, 26(2), 27(3), 37(3), 58, 58A, 63, 68). The Supreme Court can quash coroner decisions and order re-openings (s 58A). Coroners’ decisions on restricting access or refusing record disclosure are subject to review or appeal (ss 34(5)-(6), 58C(11)-(13)).
Public agencies and Ministers: State Service agencies and Ministers must comply with coroner directions to defer provision of specified information otherwise obtainable under Right to Information laws (s 53A(1)-(2)). Departments must provide staff to the coronial system as required (ss 14-15). Administrative responsibilities are assigned to the Minister for Justice and the Department of Justice pending administrative arrangements (s 73).
Media and publishers: the Act places criminal and pecuniary sanctions on publishing reports contrary to coroner orders (s 57(2): fine up to 50 penalty units) and on publishing coronial records contrary to an order under s 58C(7) (s 58C(9): fine up to 50 penalty units).
Persons with property or evidentiary interests: those claiming ownership, liens or rights over articles in coroner custody have statutory routes to seek orders about care and control (s 60), and appeals to the Supreme Court from coroner orders are available (s 63).
What changes in behaviour. Medical practitioners, custodial agencies and police must adopt prompt reporting habits and maintain records disclosure and cooperation to avoid fines or prosecution (ss 19-20, 16-20, 48). Families must be ready to use tight time windows for objections and applications (see “Gotchas”). Agencies holding records must be prepared to respond to coroner deferral directions under s 53A and to provide records under s 58C subject to lawful grounds for redaction.
Key duties and rights
This section summarises who must do what, who decides, and the statutory rights that can be exercised under time limits and procedural forms.
Reporting duties and obligations
General duty to report a reportable death to a coroner or police officer as soon as possible (s 19(1)); penalty up to 10 penalty units for non‑compliance. The coroner or police must inform the Chief Magistrate or delegated coroner as soon as possible (s 19(2)).
Medical practitioners present when death occurs do not have to duplicate reporting if one has already reported, but must provide any information likely to help an investigation (s 19(3)). Police must also report information relevant to investigations (s 20(2)).
Coronial investigatory duties and powers
Coroners have jurisdiction where a death is or may be reportable and may investigate; they need not investigate if another jurisdiction holds an investigation or inquest unless the Attorney‑General directs otherwise (s 21).
Chief Magistrate duties include ensuring all reportable deaths reported are investigated, ensuring inquests and autopsies are held where desirable or required, issuing guidelines, and co‑ordinating allocation between coroners (s 7).
Coroners must keep records of investigations (s 29(1)), and may report to the Attorney‑General and make recommendations about prevention and public health (s 30(1)-(3)).
Autopsy, disposal and body control
When a reportable death occurs and the body is in Tasmania, the body is under coroner control until the coroner issues a certificate authorising disposal (s 31). Coroners must issue the certificate as soon as reasonably possible but not until applications under ss 27 or 37 are disposed of or time for them has expired (s 32(1)-(3)).
Coroners may direct autopsies where reasonably necessary (s 36(1)), must do so if directed by the Chief Magistrate (s 36(2)), and may preserve material related to cause or circumstances (s 36(3)-(4)). Persons with sufficient interest can request autopsies and may apply to the Supreme Court within 48 hours if refused (s 37); senior next of kin can object and seek a stay in the Supreme Court within 48 hours (s 38).
Rights of interested persons, next of kin and appellants
Interested persons or those with sufficient interest may request inquests (s 27(1)). If a coroner refuses, the interested person must be given reasons in writing and has 14 days to apply to the Supreme Court for an order that an inquest be held (s 27(2)-(3)).
Senior next of kin must be notified of decisions not to hold inquests and have 14 days to apply to the Supreme Court (s 26(1)-(3)). They are a defined class for notification, objection and access rights (s 3A).
Senior next of kin have a statutory process to request coronial records, with a 28-day provision period and narrow grounds for refusal and redaction; appeals from refusals are available to the Chief Magistrate or Supreme Court depending on the decision-maker (s 58C).
Procedural powers and limits
Coroners are not bound by the rules of evidence and can conduct inquests as they reasonably think fit (s 51). They can summon witnesses, require production of documents, order witnesses to answer and to take oaths, inspect and copy materials, retain exhibits and impose penalties or warrants on non‑complying witnesses (s 53).
Coroners must not include in findings or comments any statement that a person is or may be guilty of an offence (ss 28(4), 45(3)). Where a person has been charged with specified offences, coroners must generally adjourn inquests until criminal proceedings conclude, and notify the Attorney‑General (s 25).
Privacy, publication control and deferrals
Coroners may make non‑publication orders for reports or parts of proceedings where publication would prejudice a fair trial, jeopardise administration of justice or security, or disclose sensitive personal matters such as a deceased person’s name where the senior next of kin has requested anonymity (s 57).
Coroners may direct deferral of provision of specified information otherwise available under the Right to Information Act for a specified period if necessary for investigations, and agencies or Ministers must comply (s 53A(1)-(2)).
Sanctions, protections and immunities
The Act contains a range of penalties for obstruction, contempt, non‑reporting, non‑compliance with summonses and for unauthorised publication (see “Penalties and enforcement” below).
Coroners and persons acting under coroner authority are protected from legal proceedings for actions done in good faith under the Act; liability arises only where acts are done in bad faith (s 67).
Coroners are not compellable to give evidence about matters learned in performing powers and functions under the Act (s 64).
Rulemaking and administrative duties
Magistrates Rule Committee may make rules of court addressing practice and procedure at inquests, autopsy conditions and related matters (s 69A). The Governor may make regulations including fees and allowances and offences up to 10 penalty units for contraventions under regulation (s 70(2)-(3)).
Chief Magistrate must prepare an annual report on operation of the Act to the Minister, to be tabled in Parliament (s 69).
These duties and rights create a package of statutory obligations on medical professionals, police, custodial authorities and coroners, and a circle of rights and remedies for senior next of kin and other interested persons to seek review and access. Time-limited application windows and specific statutory forms of notification are integral to preserving contested rights.
Penalties and enforcement
The Act sets criminal and civil‑adjacent penalties, enforcement tools and mechanisms to ensure compliance with investigative directions and protections. Enforcement is mediated by magistrates/coroners, police and the Supreme Court in appeals and reviews.
Monetary penalties and imprisonment
Failure to report a reportable death carries a fine not exceeding 10 penalty units (s 19(1)). Failure to give information required when reporting a death also carries up to 10 penalty units (s 20(1)).
Unauthorised entry into an area restricted under coroner power, or interference with such area, is punishable by a fine not exceeding 10 penalty units or imprisonment for up to 3 months (s 34(3)); the same maximum penalty applies for breaching an access restriction connected with fires or explosions (s 49(3)).
Non‑compliance with a summons, order or direction under coroner powers is an offence carrying a fine up to 10 penalty units or imprisonment up to 3 months (s 53(4)).
Publishing in defiance of a coroner’s non‑publication order attracts a fine not exceeding 50 penalty units (s 57(2)). Similarly, publishing coronial records contrary to an order made under s 58C(7) is punishable by a fine not exceeding 50 penalty units (s 58C(9)).
Obstruction of a coroner or person acting under coroner authority is penalised by a fine not exceeding 20 penalty units or imprisonment for up to 6 months (s 65).
Contempt-like conduct in or near inquests,insulting a coroner, interrupting an inquest or creating a disturbance,carries a fine up to 50 penalty units or imprisonment for up to 6 months (s 66).
Compulsion, warrants and short-term custody
Coroners may issue summonses requiring witnesses to attend and produce documents (s 53(1)(a)). If a person fails to attend, the coroner may issue a warrant to apprehend the person (s 53(5)). An apprehended witness may be committed to prison until the inquest or further hearing, admitted to bail, or orally ordered to appear at adjourned hearings (s 53(6)).
Coroners and authorised persons have statutory powers of entry, inspection and seizure where necessary for investigations (s 59). Police may exercise emergency powers to secure evidence where there is a danger of loss or compromise (s 59A). Items taken into coroner custody remain there unless orders provide otherwise or the coroner directs disposition after investigation or inquest (ss 59-61).
Civil and administrative review mechanisms
Persons aggrieved by coroner decisions (eg restricting access to scene, refusal to hold inquest, custody orders) have specified administrative and judicial review paths: application to Chief Magistrate (s 34(5)-(6)), applications to the Supreme Court to require an inquest or to quash findings (ss 26(2), 27(3), 58, 58A), and appeals from coroner orders as to custody or possession to the Supreme Court (s 63).
Time limits for seeking judicial intervention are tight: eg 14 days from notification for senior next of kin to apply for an order that an inquest be held (s 26(2)), 48 hours to apply to the Supreme Court after refusal of an autopsy request (s 37(3)) or after notice of an autopsy direction (s 38(3)). Failure to comply with those timeframes affects remedy availability.
Protections, immunities and exclusion of evidence
Coroners and persons acting under coroner authority are protected from legal proceedings for acts done under the Act unless done in bad faith (s 67). Coroners are not compellable witnesses before courts or tribunals about things they learned in exercising functions under the Act (s 64).
Statements given in the course of evidence at inquest are inadmissible in civil or criminal proceedings against the witness except for perjury in relation to that evidence (s 54). This provision is an enforcement‑adjacent protection designed to encourage candid testimony in coronial proceedings.
Administrative enforcement
The Chief Magistrate may issue broad management directions and allocate workload. The Magistrates Rule Committee and the Governor may create rules and regulations that enforce process (s 7(g), ss 69A, 70). Regulations may make contraventions an offence with fines up to 10 penalty units and daily continuing fines (s 70(3)(c)-(d)).
These enforcement mechanisms combine penal, compulsory and administrative levers. Penalties skew towards fines for non-reporting and publication breaches, with imprisonment as an available sanction for obstruction, contempt and non‑compliance with coroner summonses. The Act protects coroners against litigation risk so long as acts are in good faith, but preserves judicial oversight through Supreme Court review and appeal mechanisms.
How it interacts with other laws
The Act is drafted to operate within an existing legal framework. It expressly references multiple statutes and creates interaction points that affect evidence, privacy, administrative law and criminal procedure.
Interplay with criminal law and criminal process
Coroners must avoid findings that a person is or may be guilty of an offence (ss 28(4), 45(3)). Where criminal proceedings are pending in relation to offences connected to a death, coroner practice is to adjourn absent reason to the contrary and to notify the Attorney‑General (s 25). After criminal proceedings conclude, coroners may resume inquests but must avoid inconsistent findings where an indictment was tried (s 25(3)-(4)).
Coroners’ seizure and possession powers interface with police investigatory powers. Police may secure evidence in emergencies (s 59A) and, where police or coroners seize items, coroner orders and Director of Public Prosecutions involvement determine continued custody or disposal (ss 59-61, 59B, 60-63).
Administrative and freedom of information interaction
The coroner may defer provision of specified information held by a State Service Agency or Minister that would otherwise be available under the Right to Information Act 2009 (s 53A). Agencies and Ministers are required to comply with such deferral directions (s 53A(2)), which creates an explicit override mechanism to preserve integrity of ongoing investigations. Coroners must use the deferral for an identified period and on grounds that are necessary for the investigation (s 53A(1)).
Health, mental health and custodial legislation
The Act cross‑references the Mental Health Act 2013 for definitions of controlling authority and mental health officer, and treats persons detained under that Act as persons held in care or custody for coronial purposes (s 3). It also cross‑references the Corrections Act 1997 for the definition of correctional officer (s 3).
The Act requires coroners to report on the care and supervision of persons who died while held in care or custody (s 28(5)), which triggers inquiries into compliance with custodial and health duties under other statutes and may generate referrals or systemic recommendations.
Records, privacy and other procedural legislation
Coroners’ records are not evidence in other courts (s 29(2), s 46(2)), and in‑inquest statements have admissibility limits (s 54). Those rules operate alongside privacy legislation and the Right to Information Act, with statutory coroner powers to defer disclosure (s 53A) and to provide coronial records to senior next of kin under s 58C, subject to other Acts and public interest/privacy grounds (s 58C(5)(a)-(d)).
The Coroners Act also cross‑refers to the Births, Deaths and Marriages Registration Act 1999 for particulars required to register a death, which coroners must find where possible (s 28(1)(e)).
Court rules and civil procedure
Applications and appeals under various sections (eg ss 26(2), 27(3), 37(3), 38(3), 39(4), 44(2), 58A(1), 63) are to be made in accordance with the Rules of Court under the Supreme Court Civil Procedure Act 1932 (s 68). The Magistrates Rule Committee may make rules specifically for coronial practice (s 69A).
Regulatory delegation and administrative arrangements
Regulations and rules can allocate fees, conditions and procedural requirements, and may authorise the Chief Magistrate to determine matters (s 70(2)-(3)). Administrative arrangements temporarily allocate responsibility to the Minister for Justice and the Department of Justice until an order under the Administrative Arrangements Act is made (s 73).
Transitional and validation provisions
The Act repeals the Coroners Act 1957 (s 71) but preserves references and continuity for matters started under the old Act and for office-holders (s 72). Section 18A validates earlier State Service appointments that functionally filled the State Forensic Pathologist role, taking them to have been valid appointments for Act purposes where they acted in good faith.
Practical effect of interaction
The Act is designed to sit alongside criminal, administrative, health and records law, giving coroners particular powers to secure evidence, to control disclosure, and to order autopsies and exhumations. Where coronial actions potentially intrude on privacy, law enforcement or public interest, the Act sets out interlocking procedural devices,deferral directions (s 53A), non‑publication orders (s 57), redaction (s 58C(6)) and judicial review,to reconcile competing obligations. Agencies and courts will necessarily read the Coroners Act together with the Right to Information Act, criminal procedure rules and health/custodial legislation in actual cases.
Amendment history
The Act text contains numerous amendment and insertion annotations that indicate changes in scope, definitions, and procedure over time. The legislative record embedded in the Act is the source for these changes; key alterations include:
Definitions and structural updates: Section 3 has been amended repeatedly to add and refine definitions, including the introduction of “approved pathologist”, expanded definitions for “disposal” and “person held in custody/care”, and the inclusion of “senior next of kin” (s 3, s 3A inserted by No. 1 of 2015, s 5). Numerous amendments referenced by schedule and Act numbers (eg No. 72 of 2005, No. 69 of 2013, No. 1 of 2015) altered definitions and cross-references to modern statutes such as the Mental Health Act 2013 and Relationships Act 2003.
Coroner appointment and oath: Section 11 was substituted by No. 8 of 2015 to require new appointees to take the judicial oath under the Promissory Oaths Act 2015 before exercising functions (s 11 as substituted).
State Forensic Pathologist validation: Section 18A was inserted by No. 8 of 2023 to validate certain State Service appointments that functioned as the State Forensic Pathologist between enactment and a Validation Act, and to validate actions done in good faith while those persons believed they held the office (s 18A).
Evidence and disclosure tools: Sections addressing deferral of access to records (s 53A) were inserted and amended (No. 43 of 2006 inserted s 53A, later amended by No. 54 of 2009). Additional powers to provide coronial records to senior next of kin and the procedural framework for such disclosure were added by s 58C (Inserted by No. 17 of 2025, s 5, applied 01 Dec 2025).
Emergency and evidentiary handling provisions: Police emergency powers to secure evidence for coroners were inserted (s 59A by No. 69 of 2003) and later amendments added a framework for disposal and sample retention for evidentiary material not practicably or safely held (s 59B inserted by No. 29 of 2017).
Procedural and administrative refinements: Part 7A (Review) and sections for reopening inquests and Supreme Court powers (ss 58, 58A) were inserted by No. 44 of 2004 and have been the locus of later amendment references. The magistrates’ rule-making power (s 69A) and the transition from regulations to rules (s 72A) reflect a reallocation of delegated lawmaking powers via the Justice (Delegated Legislation) Act 2003.
Family-oriented procedural changes: The “senior next of kin” statutory hierarchy (s 3A) was inserted by No. 1 of 2015 and amplified by later amendments (No. 29 of 2017) to clarify notification and decision‑making routes for families; s 58B and s 58C (inserted by No. 5 of 2023 and No. 17 of 2025 respectively) impose regulatory duties to provide information and records to senior next of kin and other interested persons.
Repeal and transitional continuity: The old Coroners Act 1957 is repealed by s 71 and s 72 contains comprehensive transitional and savings provisions to preserve ongoing matters and appointments, and provides for conversion of coroner’s clerk offices to coroner’s associates.
The Act text annotates the precise statutory instruments and amendment numbers for each change. Those annotations indicate a legislative pattern: successive governments have expanded procedural transparency for families (s 3A, s 58C), strengthened police and coroner powers to preserve evidentiary integrity (ss 59, 59A, 59B), and modernised administrative and rule-making arrangements (ss 69A, 70, 72A). The most recent insertions in the source include s 58C (Inserted by No. 17 of 2025, applied 01 Dec 2025) and the State Forensic Pathologist validation (s 18A, 2023), showing continued legislative attention to records access and institutional appointments.
Litigation history
The Act text itself does not catalogue decisions of courts applying the statute. The statutory text, however, creates and defines specific judicial and appellate pathways that will be the vehicles for any litigation, and these are relevant to practitioners assessing litigation risk.
Statutory appeal and review routes provided in the Act
Appeals to the Supreme Court: multiple provisions give aggrieved persons the right to apply to the Supreme Court, including (non-exhaustive) challenges to determination of senior next of kin (s 3B), applications by senior next of kin or interested persons to require an inquest (ss 26(2), 27(3)), challenges to refusal or imposition of autopsies (ss 37(3), 38(3)), exhumation orders (s 39(4)), and orders as to custody or disposition of articles (s 63). Part 7A creates a statutory mechanism for reopening investigations and an express power for the Supreme Court to quash inquest findings and order re‑examination (ss 58, 58A).
Administrative review by Chief Magistrate: coroner decisions to restrict access to places or refuse other requests can be reviewed by the Chief Magistrate (s 34(5)-(6)). Appeals from certain decisions about coronial records are to the Chief Magistrate first, with further appeal to the Supreme Court available in some circumstances (s 58C(11)-(12)).
Time limits and rules of court: many rights to seek judicial review are time-limited and must be made in accordance with the Supreme Court Rules (s 68). Practitioners should note the short statutory windows,14 days for applications to compel an inquest following notification of a refusal (ss 26(2), 27(3)), 48 hours for applications to the Supreme Court in relation to autopsy refusals or objections (ss 37(3), 38(3)),which will be central to litigation practice.
Implications for practitioners
Because the Act gives litigants defined statutory pathways rather than general administrative law remedies in many instances, litigation practice will revolve around timely applications under the specific provisions. The Supreme Court’s powers under s 58A include making orders to reopen inquests, quash findings and direct the Chief Magistrate, so judicial review and remedies are not limited to declaratory relief.
The Act preserves the coroner’s broad procedural discretion (eg s 51) but provides appeal mechanisms where the exercise of that discretion meets prescribed statutory minima, irregularity grounds or where results are contrary to the interests of justice (s 58A(3)(a)-(f)). Thus litigation will often require demonstrating one of the statutory grounds such as fraud, procedural irregularity or new evidence (ss 58(1), 58A(3)).
The Act also creates protection for coroners and persons acting under the Act (s 67) and provides for inadmissibility of in‑inquest statements (s 54), which will affect evidence strategies in any related civil or criminal proceedings.
Because the source text lists the procedural remedies available, practitioners should plan litigation strategies around these statutory routes and timeframes. The Act anchors coronial litigation firmly in the Supreme Court and the Chief Magistrate, but the source provided does not contain case law applying these provisions.
Gotchas
The Act contains a number of procedural traps, narrow time windows and statutory constraints that practitioners and affected institutions should watch for. These are concrete, source-grounded points where failure to act promptly or to follow a procedure can foreclose rights or expose persons to penalties.
Time-sensitive windows
48-hour windows for autopsy disputes: a person refused an autopsy direction by a coroner has 48 hours to apply to the Supreme Court for an order that an autopsy be performed (s 37(3)). Similarly, senior next of kin who receive written notice of a coroner’s decision to perform an autopsy have 48 hours to apply to the Supreme Court to prevent it (s 38(3)). These are short timeframes that require immediate action.
14-day windows for inquest challenges: senior next of kin notified of a decision not to hold an inquest have 14 days to apply to the Supreme Court to require an inquest (s 26(2)). An interested person refused an inquest request also has 14 days to apply (s 27(3)). Missing 14 days may foreclose the statutory remedy.
28-day timeframe for coronial records provision: under s 58C(4) coronial authorities must provide requested coronial records to senior next of kin within 28 days, unless a later period is agreed. That creates an expectation of relatively prompt production and procedural obligations for agencies to prepare redactions or grounds for refusal.
Consent and disposal mechanics
Control of bodies persists until coroner’s certificate: where a reportable death occurs and the body is in Tasmania, the coroner has control until a certificate authorising disposal is issued (s 31). Coroners must not issue a certificate while certain applications are pending or within application windows (s 32(2)-(3)) which can delay burial or cremation; practitioners should be alert when arranging disposal.
Certificate issuance blocked while s 27/s 37 applications are pending: a coroner must not issue a disposal certificate until applications under ss 27 or 37 are disposed of or the statutory time has expired (s 32(2)). This can prevent funeral directors and families from progressing arrangements.
Disclosure and publication risks
Deferral of Right to Information disclosures: coroners may direct deferral of information that would otherwise be obtainable under the Right to Information Act where necessary for investigation (s 53A). Agencies must comply (s 53A(2)). Parties seeking such material should be prepared for deferral and plan alternative evidence strategies.
Publication restrictions: coroner non-publication or restriction orders can be made to prevent publishing reports, proceedings or evidence that would prejudice fair trials, national or personal security, or reveal sensitive personal matters (s 57). Violating such an order carries a substantial fine (s 57(2)), so media and practitioners must check for existing orders before publication.
Evidence and inquest conduct
Coroners not bound by rules of evidence: s 51 says coroners are not bound by rules of evidence, which may alter evidence-gathering strategies and admissibility expectations. At the same time coroners must not make findings that a person is or may be guilty of an offence (ss 28(4), 45(3)), which constrains certain lines of inquiry.
In‑inquest statements inadmissible elsewhere: statements made at inquest are generally inadmissible in other civil or criminal proceedings against the witness except for perjury (s 54). Parties should preserve other avenues for securing admissible evidence.
Ownership and custody of exhibits
Items taken into coroner custody remain in legal custody of the coroner: exhibits and seized items are legally in coroner custody and disposition is subject to coroner orders (ss 59, 60-61). Parties claiming ownership need to make applications under s 60 and may be required to be heard (s 60(3)). Appeals from coroner orders go to the Supreme Court (s 63).
Family and cultural sensitivity traps
Aboriginal remains process: where a coroner suspects remains may be Aboriginal, the coroner must refer the matter to an Attorney‑General‑approved Aboriginal organisation and suspend investigation until the organisation reports; if the organisation certifies the remains are Aboriginal, the coroner’s jurisdiction ceases (s 23). Practitioners must follow this protocol or risk procedural invalidity.
Senior next of kin relationships: the statutory hierarchy in s 3A governs who receives notifications and has objection and access rights; litigants who assume informal familial authority may discover they lack the statutory standing.
Administrative and procedural formality
Many decisions require writing and reasons: coroners must record decisions and specify reasons when deciding not to hold inquests or refusing requests (ss 26(1), 27(2)). Failure to provide written reasons gives rise to statutory appeal rights (ss 26(2), 27(3)), so coroners and counsel must ensure written reasons are timely given and retained.
Regulatory and rules transition
Rule-making and transitional regulations: the Magistrates Rule Committee and regulations can prescribe practice and procedure (s 69A, s 70). Practitioners must keep abreast of both rules of court and any regulations that apply to coronial practice, as the transition from regulations to rules (s 72A) has historically altered procedural instruments.
In short, the common practical risks are procedural: missing statutory windows, failing to follow notification protocols, misunderstanding coroner control over bodies and exhibits, overlooking publication orders, and mismanaging requests for records. Each such procedural misstep can lead to loss of remedy, sanctions or delay.
How to comply
The Act sets out clear duties and processes. Below is a practical compliance checklist tailored to the principal affected actors, grounded in the Act’s sections.
For medical practitioners and clinicians (s 19, s 20)
Report suspected reportable deaths immediately to a coroner or police officer (s 19(1)). Understand the expanded “reportable death” definition in s 3 (including medical-procedure-related deaths, workplace deaths, deaths in custody, unknown cause, etc.).
If another practitioner has already reported, provide any information that may help the investigation (s 19(3)). Retain and be ready to furnish clinical records and contemporaneous notes to a coroner.
Where a death occurs during or after a medical procedure that may be causally related and would not have been reasonably expected, treat it as reportable (s 3 definition).
For police and custodial/health facilities (ss 16, 19(4), 48, 59-59A)
If in custody/care at time of death, report the death as soon as possible to a coroner (s 19(4)). Provide full particulars promptly to Chief Magistrate or delegated coroner (s 19(2)).
If you hold relevant information, report it to the coroner investigating the death, fire or explosion (s 20(2), s 48).
Be prepared to secure scenes, restrict access under coroner direction and provide a copy of authority before entry where practicable (s 34(1)-(3), s 59(5)). Use s 59A emergency power only where there is a real risk of loss or compromise and provide notice to the coroner and Chief Magistrate as soon as practicable (s 59A(1), (3)(b)).
Custody for seized evidentiary material remains with the coroner except as ordered (s 59(7), s 59A(3)(c)). Follow procedures for sampling, photographic recording and secure retention where disposal is proposed (s 59B(4)-(5)).
For coroners and coronial staff (ss 7-9, 22, 29, 30, 32, 36)
Follow Chief Magistrate guidance and directions and ensure written reasons are provided where statute requires (ss 7, 8, 22, 26(1), 27(2), 26A(1)).
Keep a record of each investigation (s 29(1)). Prepare reports to the Attorney‑General on suspected indictable offences and on any recommended prevention measures (s 30(1)-(3)).
Exercise care when issuing certificates authorising disposal: do not issue while ss 27 and 37 applications are pending or within their statutory windows (s 32(1)-(3)). Ensure senior next of kin notification where required.
If autopsy is deemed necessary, follow s 36 sequence, direct approved pathologists (s 35), and preserve samples/materials as directed (s 36(3)-(4)). Where objections arise, give notice and observe 48-hour statutory windows and counsel rights to apply to the Supreme Court (ss 37-38).
For senior next of kin and families (ss 3A, 26, 27, 37-39, 58B, 58C)
Determine whether you are the senior next of kin under the statutory hierarchy in s 3A and lodge any objections or requests promptly. If aggrieved by determination you may appeal to the Supreme Court (s 3B).
If a coroner declines to hold an inquest, you must apply to the Supreme Court within 14 days if you seek an order compelling an inquest (s 26(2)). If you requested an inquest and the coroner refused, you similarly have 14 days to apply (s 27(3)).
If an autopsy is proposed and you object, apply to the Supreme Court within 48 hours after written notice (s 38(3)).
Use the new record‑access pathway in s 58C to request coronial records. Requests must be made in writing to a coronial authority and may be appealed under s 58C(10)-(13) where refused or redacted. Expect a 28-day statutory provision period (s 58C(4)). Be prepared for lawful redaction where release would unreasonably intrude on third‑party privacy or prejudice investigations (s 58C(5)-(6)).
For owners, insurers, or persons with a claim to seized items (ss 60-63)
If an item is in coroner custody and you claim ownership or lien, make an application to the coroner under s 60 to seek orders as to care and control. You are entitled to be heard (s 60(3)), and the Director of Public Prosecutions also has standing.
If dissatisfied with coroner orders about custody or disposition, apply to the Supreme Court under s 63 for review.
For media and publishers (s 57, s 58C)
Before publishing reports of inquests or coronial materials, check whether the coroner has made a non‑publication order (s 57). Publish contrary to such an order risks a fine up to 50 penalty units (s 57(2)).
Where coronial records are supplied under s 58C, note that coronial authorities may order those records not be published (s 58C(7)); abide by any such order or face penalties (s 58C(9)).
For State Service agencies and Ministers (s 53A, s 58B)
Comply with coroner directions to defer provision of specified information otherwise obtainable under the Right to Information Act, where the coroner reasonably believes it necessary for investigation (s 53A(1)-(2)). Have processes to identify and hold deferred records securely and to note deferral periods.
Chief Clerk (Coronial Division) must ensure, as soon as practicable after a coroner commences investigation, that general or specific information specified in regulations is provided to senior next of kin and other persons with sufficient interest in the manner specified by regulations (s 58B).
For counsel and litigators
Monitor statutory timelines tightly: 48-hour and 14-day deadlines recur across autopsy, inquest and exhumation processes (ss 37-39, 26-27). Prepare urgent Supreme Court applications where required and follow the Rules of Court (s 68).
Use the statutory grounds in Part 7A and s 58A when seeking re-opening or quashing of findings: fraud, irregularity, mistakes in the record, new evidence, findings unsupported by evidence, or other compelling reasons (ss 58(1), 58A(3)).
For everyone: administrative housekeeping
Maintain contemporaneous records and written reasons where the Act requires them. The Act mandates written decisions and reasons in multiple contexts (ss 26(1), 27(2), 26A(1), 37(2)).
Keep abreast of Magistrates Court rules and regulations relevant to coronial procedure (s 69A; s 70 permits regulations on fees, forms and offences). Rule changes may alter practice details that affect compliance.
Following these steps aligned to the specific statutory text reduces risk of penalty, loss of remedy, published contravention and procedural delay, and preserves rights to judicial review where statutory timeframes are observed.
Determination of senior next of kin of deceased person
[Section 3 Amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003]
correctional officer
Corrections Act 1997
death includes suspected death;
[Section 3 Amended by No. 1 of 2015, s. 4, Applied:21 Apr 2015]Director of Public Prosecutions means the person for the time being holding, or acting in, the office of Director of Public Prosecutions established by section 3(1) of theDirector of Public Prosecutions Act 1973 ;
[Section 3 Amended by No. 58 of 1999, Sched. 1, Applied:01 Nov 2000]disposal of human remains means –
(a) cremation of the remains; or
(b) burial of the remains, including burial at sea; or
(c) placing the remains in a mausoleum or other permanent resting place; or
(d) placing the remains in the custody of an educational or scientific institution for the purpose of medical education or research; or
(e) removal of the remains from the State (but not if the remains have been cremated or are taken from the State by sea and buried at sea in the course of the voyage);
[Section 3 Amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000]detention centre has the same meaning as in the Youth Justice Act 1997 ;
[Section 3 Amended by No. 1 of 2015, s. 4, Applied:21 Apr 2015]
[Section 3 Amended by No. 1 of 2015, s. 4, Applied:21 Apr 2015]inquest means a public inquiry that is held by a coroner in respect of a death, fire or explosion;
[Section 3 Amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000]
[Section 3 Amended by No. 6 of 2003, s. 8, Applied:01 Jul 2003]Magistrates Rule Committee means the committee referred to in section 15AC of the Magistrates Court Act 1987 ;
[Section 3 Amended by No. 1 of 2015, s. 4, Applied:21 Apr 2015]medical procedure means a procedure performed on a person by, or under the general supervision of, a medical practitioner and includes –
(a) imaging; and
(b) an examination whether internal or external; and
(c) a surgical procedure;
[Section 3 Amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014]mental health officer means a mental health officer within the meaning of the Mental Health Act 2013 ;
[Section 3 Amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010]
pathologist means a medical practitioner who has obtained a qualification in pathology recognised by the National Specialist Qualification Advisory Committee of Australia;
person held in care means –
(a) [Section 3 Amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] a child, within the meaning of the Children, Young Persons and Their Families Act 1997 , in the custody or under the guardianship of the Secretary, within the meaning of that Act;
(b) [Section 3 Amended by No. 32 of 1996, Sched. 1, Applied:01 Nov 1999][Section 3 Amended by No. 72 of 2005, s. 75, Applied:20 Feb 2006][Section 3 Amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] a person detained or liable to be detained in an approved hospital within the meaning of the Mental Health Act 2013 or in a secure mental health unit or another place while in the custody of the controlling authority of a secure mental health unit, within the meaning of that Act;
person held in custody means –
(a) a person in the custody or control of –
(i) a police officer; or
(ii) [Section 3 Amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] a correctional officer; or
(iii) [Section 3 Amended by No. 72 of 2005, s. 75, Applied:20 Feb 2006][Section 3 Amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] a mental health officer; or
(iv) [Section 3 Amended by No. 72 of 2005, s. 75, Applied:20 Feb 2006] the controlling authority of a secure mental health unit; or
(v) [Section 3 Amended by No. 72 of 2005, s. 75, Applied:20 Feb 2006] a prescribed person within the meaning of section 31 of theCriminal Justice (Mental Impairment) Act 1999 ; or
(vi) [Section 3 Amended by No. 72 of 2005, s. 75, Applied:20 Feb 2006] a person who has custody under the order of a court for the purposes of taking the person to or from a court; or
(b) [Section 3 Amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003][Section 3 Amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000][Section 3 Amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000][Section 3 Amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000][Section 3 Amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] a person detained –
(i) in a prison as defined in the Corrections Act 1997 ; or
(ii) in a building or part of a building at a police station used for the confinement of persons under arrest or otherwise lawfully detained in custody; or
(iii) in a detention centre;
[Section 3 Amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004]
[Section 3 Amended by No. 6 of 2003, s. 8, Applied:01 Jul 2003]prescribed means prescribed by the rules referred to in section 69A ;
[Section 3 Amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003]
[Section 3 Amended by No. 6 of 2003, s. 8, Applied:01 Jul 2003]regulations means regulations made and in force under this Act;
reportable death means –
(a) a death where –
(i) the body of a deceased person is in Tasmania; or
(ii) the death occurred in Tasmania; or
(iii) [Section 3 Amended by No. 61 of 1999, Sched. 1, Applied:24 Nov 1999] the cause of the death occurred in Tasmania; or
(iiia) [Section 3 Amended by No. 61 of 1999, Sched. 1, Applied:24 Nov 1999] the death occurred while the person was travelling from or to Tasmania –
being a death –
(iv) that appears to have been unexpected, unnatural or violent or to have resulted directly or indirectly from an accident or injury; or
(v) [Section 3 Amended by No. 1 of 2015, s. 4, Applied:21 Apr 2015] that occurs during a medical procedure, or after a medical procedure where the death may be causally related to that procedure, and a medical practitioner would not, immediately before the procedure was undertaken, have reasonably expected the death; or
(vi) [Section 3 Amended by No. 1 of 2015, s. 4, Applied:21 Apr 2015] . . . . . . . .
(vii) the cause of which is unknown; or
(viii) of a child under the age of one year which was sudden and unexpected; or
(ix) of a person who immediately before death was a person held in care or a person held in custody; or
(x) of a person whose identity is unknown; or
(xi) [Section 3 Amended by No. 66 of 2005, s. 4, Applied:15 Dec 2005] that occurs at, or as a result of an accident or injury that occurs at, the deceased person's place of work, and does not appear to be due to natural causes; or
(b) the death of a person who ordinarily resided in Tasmania at the time of death that occurred at a place outside Tasmania where the cause of death is not certified by a person who, under a law in force in the place, is a medical practitioner; or
(c) [Section 3 Amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000][Section 3 Amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000][Section 3 Amended by No. 72 of 2005, s. 75, Applied:20 Feb 2006] the death of a person that occurred whilst that person was escaping or attempting to escape from prison, a detention centre, a secure mental health unit, police custody or the custody of a person who had custody under an order of a court for the purposes of taking that person to or from a court; or
(d) [Section 3 Amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003][Section 3 Amended by No. 72 of 2005, s. 75, Applied:20 Feb 2006][Section 3 Amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] the death of a person that occurred whilst a police officer, correctional officer, mental health officer or a prescribed person within the meaning of section 31 of theCriminal Justice (Mental Impairment) Act 1999 was attempting to detain that person;
[Section 3 Amended by No. 72 of 2005, s. 75, Applied:20 Feb 2006]secure mental health unit means –
(a) [Section 3 Amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] a secure mental health unit within the meaning of the Mental Health Act 2013 ; or
(b) any other place in which a person is being detained while in the custody of the controlling authority of a secure mental health unit;
[Section 3 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004][Section 3 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004][Section 3 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004][Section 3 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004][Section 3 Amended by No. 1 of 2015, s. 4, Applied:21 Apr 2015]
[Section 3 Amended by No. 1 of 2015, s. 4, Applied:21 Apr 2015]senior next of kin – see section 3A ;
[Section 3 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004]
[Section 3 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004]spouse includes the other party to a significant relationship, within the meaning of the Relationships Act 2003 ;
***Stat
This is an opening excerpt, not the complete document.