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Coroners Act 1997
64Request for hearing or for reconsideration of certain
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64 Request for hearing or for reconsideration of certain
decisions
(1) The Chief Coroner may, on application in writing by a person,
arrange for a hearing to be conducted for an inquest or an inquiry into
a fire.
(2) Subject to subsection (3), the Chief Coroner must—
(a) on application by a person requesting that a coroner who made
a decision to dispense with or to conclude a hearing, reconsider
the decision; and
(b) if satisfied that the applicant has sufficient interest in the inquest
or inquiry into a fire to which the hearing relates;
request the coroner to whom the application relates to reconsider the
decision.
(3) If the application relates to a decision of the Chief Coroner, the Chief
Coroner must, if satisfied that the applicant has sufficient interest in
the inquest or inquiry into a fire, reconsider the decision.
(4) An application made to the Chief Coroner must—
(a) be in writing; and
(b) set out the grounds on which the person relies.
(5) The coroner must respond to the Chief Coroner’s request within
14 days after receipt of the request.
(6) If—
(a) after reconsidering the original finding, the coroner who made it
notifies the Chief Coroner that the coroner does not intend to
conduct a hearing or to alter the finding; or
(b) the coroner in relation to whose finding the request was made is
unavailable (for whatever reason) to reconsider the finding;
the Chief Coroner must arrange for a hearing to be conducted, if
satisfied that a hearing should be conducted.
(7) The Chief Coroner, within 14 days after receiving the coroner’s
response under subsection (5), must—
(a) if the coroner intends to conduct a hearing, or the Chief Coroner
is satisfied under subsection (6) that a hearing should be
conducted—give the applicant notice in writing that a hearing
will be conducted; or
(b) if the Chief Coroner is not satisfied under subsection (6) that a
hearing should be conducted—give the applicant the following:
(i) notice in writing that a hearing will not be conducted;
(ii) if the coroner was available to reconsider the original
finding—a written statement setting out any comments by
the coroner in response to the applicant’s request, and the
coroner’s reasons for not conducting a hearing or altering
the original finding;
(iii) a written statement setting out the Chief Coroner’s reasons
for not being satisfied that a hearing should be conducted.
(8) An explanation under subsection (7) (b) (ii) must include a statement
to the effect that application may be made to the Supreme Court,
within 30 days after receipt of the notice, for an order that a hearing
be conducted.