115Access to documents

115 Access to documents

S. 115(1) substituted by No. 62/2014 s. 73(1).

(1) Unless otherwise ordered by the coroner, the principal registrar must—

(a) provide the senior next of kin of a deceased person written notice, in accordance with the rules, specifying—

(i) that reports have been given to a coroner as a result of a medical examination performed on the deceased; and

(ii) that the senior next of kin may request copies of those reports; and

(iii) the manner in which the senior next of kin may request copies of those reports; and

(b) if an inquest is to be held, provide an interested party with a copy of the coronial brief.

(2) A coroner may also release a document to—

(a) an interested party if the coroner is satisfied that the party has a sufficient interest in the document;

(b) a statutory body if the coroner is satisfied that the release of the document is required to allow the statutory body to exercise a statutory function;

S. 115(2)(c) amended by No. 37/2014 s. 10(Sch. item 30.5).

(c) a police officer for law enforcement purposes;

(d) a person who is conducting research if the coroner is satisfied that the research has been approved by an appropriate human research ethics committee;

(e) any person if the coroner is satisfied that the release is in the public interest;

(f) a person specified in the rules as being a person to whom documents may be released.

(3) A coroner may impose conditions on the release of any document under subsection (1) or (2).

(4) A person to whom a document has been released under this section must comply with any condition placed on that release.

(5) A person must not knowingly or recklessly fail to comply with any condition placed on the release of a document under this section.

(6) A document relating to the investigation of a death or a fire that is held by a coroner must not be released by a coroner except as permitted under this Act or any other law.

S. 115(7) amended by Nos 62/2014 s. 73(2)(a), 3/2016 s. 106.

(7) In this section, coronial brief means a brief of evidence that is prepared for a coronial investigation and contains the following (if available)—

(a) a statement of identification by an appropriate person;

(b) any reports given to a coroner as a result of a medical examination;

S. 115(7)(c) amended by No. 62/2014 s. 73(2)(b).

(c) reports and statements that the coroner investigating the death or fire believes are relevant to a coronial investigation;