65Records of evidence

65 Records of evidence

65 Records of evidence

(cf Coroners Act 1980, s 34)

(1) The coroner in coronial proceedings is to ensure that the evidence of every witness in the proceedings is recorded.

(2) Subject to this section, a coroner or assistant coroner is to supply a person with a copy of a coroner’s file (or a part of that file) at the request of the person if—

(a) the coroner or assistant coroner is satisfied that it is appropriate for the person to be granted access to the file (or a part of the file), and

(b) the person pays the fee that is payable in the Local Court for the provision of a copy of a document (other than a copy of a judgment or order or the reasons for a judgment or order) or such other fee as may be prescribed by (or calculated in accordance with) the regulations.

(3) In determining whether it is appropriate to grant a person access to a coroner’s file (or a part of the file), the coroner or assistant coroner making the determination is to have regard to the following matters—

(a) the principle that coronial proceedings should generally be open to the public,

(b) if the coroner’s file relates to a deceased person—the impact on the relatives of the deceased person of allowing access,

(c) the connection that the person requesting access has to the proceedings concerned,

(d) the reasons why access is being sought,

(e) any other matter that the coroner or assistant coroner considers relevant.

(4) A coroner who conducts coronial proceedings may, by notation on the coroner’s file on the matter, direct that a copy of the whole or a particular part of the file is not to be supplied under this section.

(5) A direction by a coroner under subsection (4) must include a statement of the coroner’s reasons for the direction.

(6) A copy of a coroner’s file (or of any part of the file) is not to be supplied under this section in contravention of—

(a) a direction by a coroner under subsection (4), or

(b) an order made under section 74.