72Inquest into death in care or death in custody—

72 Inquest into death in care or death in custody— appointment of counsel assisting (1) The coroner holding an inquest into a death in care or death in custody must appoint a lawyer as counsel to assist the coroner (counsel assisting). (2) An appointment under subsection (1) may be made either generally or in relation to a particular matter. (3) A lawyer appointed under subsection (1)— (a) must have the appropriate skills and experience necessary to assist the coroner in the inquest; and

Deaths in care and deaths in custody—additional provisions Part 6 (b) must not have an actual or perceived conflict of interest (based on the lawyer’s personal or professional circumstances) that would prevent the lawyer from properly carrying out the functions of counsel assisting under this Act. Note Section 39A (Functions of counsel assisting) and s 39B (Counsel assisting—revocation of appointment) apply to counsel assisting in an inquest into a death in care or death in custody. (4) If a coroner appoints the director of public prosecutions as counsel assisting in an inquest into a death in care or death in custody, the director may, unless the appointment states otherwise, authorise a lawyer who meets the requirements mentioned in subsection (3) to act in the director’s name.