42Documents and prepared statements required by coroner

42 Documents and prepared statements required by coroner

(1) If a coroner is of the opinion that a document or a prepared statement is required for the purposes of the investigation, the coroner may require a person—

(a) to give the document to the coroner; or

(b) to prepare a statement addressing matters specified by the coroner and give the statement to the coroner.

S. 42(2) amended by No. 62/2014 s. 63(2)(a).

(2) A requirement under subsection (1) must—

(a) be in the prescribed form; and

S. 42(2)(b) amended by No. 62/2014 s. 63(2)(b).

(b) specify a reasonable period of time for compliance with the requirement; and

(c) be served on the person in accordance with the rules.

S. 42(3) amended by No. 62/2014 s. 63(3).

(3) A person who is required to give a document or prepared statement to the coroner under subsection (1) must not, without a lawful excuse, fail to comply with the requirement within the period specified by the coroner.

S. 42A inserted by No. 52/2012 s. 11.

42A Privileges in relation to investigations

Part 3.10 of the Evidence Act 2008 (except sections 128, 128A and 131A) applies to investigations of deaths and fires.

Division 5—Exhumation

43 Application for exhumation

(1) A person may apply to the State Coroner for an authorisation of an exhumation of a body.

(2) An application made under subsection (1) must be in the form prescribed by the rules.

(3) If the State Coroner refuses an application to authorise an exhumation of a body, the State Coroner must ensure that the applicant is advised of the refusal without delay.