3DWho is a custodial officer? 7

3D Who is a custodial officer? 7

Page contents 2 Coroners Act 1997 4 Establishment 8 5 Coroners 8 6 Chief Coroner 8 7 Chief Coroner’s functions 9 8 Deputy coroners 9 9 Deputy coroners’ functions 9 10 Oath to be taken by coroner or deputy coroner 10 11 Registrar and deputy registrars 10 11A Coroner for matter not available 10 12 General functions and jurisdiction of coroner 12 13 Coroner’s jurisdiction in relation to deaths 12 15 Control and release of body of deceased 14 17 Assistance to State and other Territory coroners 14 17A Considerations before exercising function or making decision 15 Division 3.2 Inquiries into fires 18 Coroner’s jurisdiction in relation to fires 15 19 Coroner’s jurisdiction in relation to disasters 16 19A Meaning of ancillary examination—pt 4 17 19B Directions to obtain medical records 17 19C Ancillary examination 18 20 Dispensing with post-mortem examination 18 21 Directions to doctors to conduct post-mortem examinations 18 22 Unavailability of doctor directed to conduct a post-mortem examination 19 23 Consideration of immediate family 19 24 Reconsideration of decisions 20

Page contents 3 25 Previous attending doctor entitled to observe post-mortem examination 20 27 Warrant for exhumation of body or recovery of ashes 21 29 Form of warrant for exhumation 22 30 Reinterment of remains or ashes 23 31 Removal of body or ashes for purposes of inquest outside the ACT 23 32 Report by doctor or analyst 24 33 Assistance at post-mortems etc 24 34 Hearings 25 34A Decision not to conduct hearing 25 35 Time and place of hearing 25 36 Adjournment of hearing 25 37 Notification of immediate family 26 38 Notice relating to conduct of hearing 26 39 Inquests into non-custodial deaths and inquiries—discretion to appoint counsel assisting 26 39A Functions of counsel assisting 27 39B Counsel assisting—revocation of appointment 28 40 Hearing in public except in certain cases 28 41 Hearing to be held without jury 29 42 Representation at hearing 29 42A Appearance by audiovisual or audio links 29 43 Power of coroner to subpoena witnesses etc 30 44 Service of subpoena on witness 31 45 Arrest of witness 32 46 People about to leave ACT—examination and production of documents etc 33 47 Rules of evidence do not apply 34 48 Evidence 34 49 Record of proceedings 35

Page contents 4 Coroners Act 1997 50 Informal request for evidence 36 51 Access to documents etc 36 51A Practice and procedure for inquests and inquiries 36 51B Privilege in relation to self-incrimination in coronial inquest or inquiry 37 52 Coroner’s findings 39 53 Interim findings 40 54 Requests for copies of findings 40 55 Adverse comment in findings or reports 40 56 Notification of registrar-general 41 57 Report after inquest or inquiry 41 57A Correction of errors 43 58 Procedure where evidence of indictable offence or indictment to be presented 43 58A When inquest or inquiry may proceed—s 58 45 59 Investigators 46 60 Coroner not to be called as witness 47 61 Coroner not required to view the subject matter of inquest or inquiry 47 62 Coroner may act on a Sunday 47 63 Police assistance 47 64 Request for hearing or for reconsideration of certain decisions 48 65 Restriction of access 50 66 Search warrants 50 67 Inspection and retention of seized things 52 68 Chief Coroner—power to hold fresh inquest or inquiry 53 68A Coroner to give information to immediate family 53 68B Definitions—pt 5A 55 68C Coronial investigation scene order 55 68D Establishment of coronial investigation scene 57