102SPower to complete matters—coroners and reserve coroners

102S Power to complete matters—coroners and reserve coroners

(1) This section applies to—

(a) a coroner whose assignment under section 93 ceases;

(b) a reserve coroner engaged under section 102N whose engagement expires;

(c) a reserve coroner engaged under section 102N—

(i) whose engagement expires; and

(ii) whose appointment as a reserve coroner ceases, other than by way of resignation;

(d) a coroner appointed under section 94 who ceases to hold office—

but only if at the time of that cessation or expiry the coroner or reserve coroner had a matter—

(e) that was part-heard before him or her; or

(f) in respect of which his or her determination, recommendation or referral is pending.

(2) Subject to subsection (4), a former coroner, reserve coroner or former reserve coroner to whom this section applies may make any finding, recommendation or referral or complete or otherwise continue to deal with any matters relating to any investigation or inquiry that the former coroner, reserve coroner or former reserve coroner (as the case may be)—

(a) has heard, or partly heard before the cessation of his or her assignment or expiry of his or her engagement; or

(b) in respect of which a finding, recommendation or referral by the former coroner, reserve coroner or former reserve coroner is pending.

(3) For the purposes of subsection (2)—

(a) a reserve coroner to whom this section applies whose engagement has expired is taken to be engaged under section 102N; and

(b) a former coroner or former reserve coroner to whom this section applies—

(i) holds office as a reserve coroner by virtue of this section as if he or she had been appointed under section 102L; and

(ii) is taken to be a reserve coroner engaged under section 102N; and

(c) section 102Q does not apply and that person is not entitled to remuneration and entitlements under that section for the period during which he or she is acting in accordance with subsection (2) after the cessation of his or her appointment or the expiry of his or her engagement, as the case requires; and

(d) the person may continue to serve as a reserve coroner for the purposes of subsection (2) despite having attained the age of 78 years.

(4) Subject to subsection (5), any appointment of a person under this section ceases on the earlier of—

(a) the completion of the matters referred to in subsection (2); or

(b) 6 months from the date of that appointment or engagement; or

(c) the person being appointed under section 94 as a coroner; or