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Coroners Act 2009
53Power to obtain documents and things for purposes of coronial investigation
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#### 53 Power to obtain documents and things for purposes of coronial investigation
53 Power to obtain documents and things for purposes of coronial investigation
(cf [Coroners Act 1980](/view/html/repealed/current/act-1980-027), s 14F)
> > (1) For the purpose of assisting a coroner in the investigation of a death, suspected death, fire or explosion, the coroner may, by notice in writing served on a person, direct the person to produce a document or other thing to the coroner or another person specified in the notice at a time and place specified in the notice.
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> > (2) The power to give such a direction includes (without limitation)—
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> > > (a) the power to direct that a document be produced relating to the medical care or treatment of a person, and
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> > > (b) the power to direct a person to provide any tissue in the person’s possession or under the person’s control that was taken from a deceased person before his or her death.
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> > (3) The coroner is to withdraw a direction under this section if it appears to the coroner that—
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> > > (a) any person would be entitled on grounds of privilege to refuse to produce the document or other thing in a court of law, and
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> > > (b) the person does not consent to compliance with the direction.
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> > (4) A natural person is excused from producing a document or other thing under this section on the ground that it may tend to incriminate the person, unless the document relates to the medical care or treatment of a person, in which case the person is not excused from producing it.
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> > (5) A person must not, without reasonable excuse, fail to comply with a notice served on the person under this section.
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> > Maximum penalty (subsection (5)): 10 penalty units.
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> > (6) If a direction under this section requires the production of a document, the production of a copy of the document is taken to be sufficient compliance with the direction unless the direction expressly requires the production of the original document.
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> > (7) Nothing in this section limits any other power that a coroner may have under this Act to obtain evidence.