65Records of evidence

#### 65 Records of evidence 65 Records of evidence (cf [Coroners Act 1980](/view/html/repealed/current/act-1980-027), s 34) 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. > > > (7) In this section— > > > > coroner’s file means the documents (including the depositions of witnesses, transcripts and written findings) that form part of the file kept by a coroner in respect of a death, suspected death, fire or explosion. > > **s 65:** Am 2009 No 41, Sch 3.4 \[2\].