23Aboriginal remains

23 Aboriginal remains

(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.