This Regulation replaces the 2010 Coroners Regulation and sets operational rules for coronial functions in NSW. It prescribes what counts as “specialist disability accommodation” (cl 4A), lets the State Coroner issue guidelines about reporting fires and explosions (cl 4), fixes prescribed odontologist fees and travel rates (cl 5; Sch 1), and requires specific expertise when the Minister appoints representatives to the Domestic Violence Death Review Team (cl 6).
Mechanically, it names who decides (State Coroner; Minister), who is affected (registered NDIS providers, odontologists, organisations appointing members) and creates costs and incentives (prescribed fees, changed coverage of premises) that affect compliance and administrative burden (cls 4A, 5, 6).
This Regulation (the Coroners Regulation 2021) replaces the Coroners Regulation 2010 and sets detailed, subordinate rules that operate alongside the Coroners Act 2009 (the Act). Mechanically it does the following.
Commencement. It comes into force on the day it is published on the NSW legislation website (cl 2). The instrument expressly repeals the Coroners Regulation 2010 (cl 7(1)) and preserves continuing effect for acts, matters or things that had effect under the repealed Regulation (cl 7(2)).
Definitions and cross‑references. It declares that “the Act” means the Coroners Act 2009 and notes the Interpretation Act 1987 and the Act itself contain definitions and other interpretive provisions that affect application of the Regulation (cl 3).
Delegated administrative powers. It authorises the State Coroner to issue guidelines about reporting fires and explosions for the purposes of exercising the function specified in the Act, s 10(1)(b) (cl 4).
Prescriptions for particular definitions. It prescribes, for the purpose of the Act, s 24(3), what counts as “specialist disability accommodation” (SDA) in certain circumstances, and expressly excludes nursing homes from that definition (cl 4A(1)-(3)).
Fees and payment mechanics. It prescribes fees payable to odontologists for services provided under the Act (cl 5), by specifying the service categories and monetary rates in Schedule 1 and providing the GST treatment (cl 5(1)(a)-(b); cl 5(2)).
Membership requirements for a review body. It requires the Minister, when appointing organisational representatives to the Domestic Violence Death Review Team, to be satisfied that the Team collectively has qualifications, experience or expertise across eight specified fields (cl 6).
Current sections
Direct links to the current provisions in Coroners Regulation 2021.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
4
Guidelines about reporting fires and explosions
4 Guidelines about reporting fires and explosions
4 Guidelines about reporting fires and explosions
For the purposes of exercising the function specified in the Act, section 10(1)(b), the State Coroner may issue guidelines about the reporting of fires and explosions.
4A
Meaning of “specialist disability accommodation”—the Act, s24(3)
4A Meaning of “specialist disability accommodation”—the Act, s24(3)
4A Meaning of “specialist disability accommodation”—the Act, s24(3)
(1) For the Act, section 24(3), definition of specialist disability accommodation, paragraph (b), premises are prescribed to be specialist disability accommodation if—
(a) the premises are residential, and
(b) the premises are under the control, direction or management of a registered NDIS provider, within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth, and
(c) the registered NDIS provider provides supported independent living at the premises.
(2) For the Act, section 24(3), definition of specialist disability accommodation, paragraph (c), nursing homes are prescribed not to be specialist disability accommodation.
(3) In this clause—
nursing home means a facility at which residential care within the meaning of the Aged Care Act 1997 of the Commonwealth is provided.
For the purposes of the Act, section 101E(3A), in appointing representatives of an organisation to the Domestic Violence Death Review Team, the Minister must be satisfied that the members of the Team will have, between them, qualifications, experience or expertise in each of the following areas—
(a) child protection,
(b) corrective services,
(c) drug and alcohol treatment and rehabilitation,
(2) Any act, matter or thing that, immediately before the repeal of the Coroners Regulation 2010, had effect under that Regulation continues to have effect under this Regulation.
Schedule 1
Rates payable to odontologists
Schedule 1 Rates payable to odontologists
Schedule 1 Rates payable to odontologists
Clause 5
| | Service | Rate payable $ |
| 1 | Carrying out, and preparing a report on, a dental examination of a dead person by an odontologist | 600.00 |
| 2 | Travelling to and from, and attending and giving evidence at, an inquest in relation to an examination referred to in item 1— | |
| | (a) for the first 2 hours or part of 2 hours | 177.90 |
| | (b) for each subsequent half hour or part of a half hour | 26.80 |
| | (c) the maximum amount payable per day under paragraphs (a) and (b) | 547.40 |
| 3 | Travelling by private motor vehicle to carry out an examination referred to in item 1 or to give evidence at an inquest in relation to the examination—per kilometre | 0.97 |
Source text
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Regulation
1 Name of Regulation
1 Name of Regulation
This Regulation is the Coroners Regulation 2021.
2 Commencement
2 Commencement
2 Commencement
This Regulation commences on the day on which it is published on the NSW legislation website.
Note—
This Regulation repeals and replaces the Coroners Regulation 2010, which would otherwise be repealed on 1 September 2021 by the Subordinate Legislation Act 1989, section 10(2).
3 Definition
3 Definition
3 Definition
In this Regulation—
the Act means the Coroners Act 2009.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
4 Guidelines about reporting fires and explosions
4 Guidelines about reporting fires and explosions
4 Guidelines about reporting fires and explosions
For the purposes of exercising the function specified in the Act, section 10(1)(b), the State Coroner may issue guidelines about the reporting of fires and explosions.
4A Meaning of “specialist disability accommodation”—the Act, s24(3)
4A Meaning of “specialist disability accommodation”—the Act, s24(3)
4A Meaning of “specialist disability accommodation”—the Act, s24(3)
(1) For the Act, section 24(3), definition of specialist disability accommodation, paragraph (b), premises are prescribed to be specialist disability accommodation if—
(a) the premises are residential, and
(b) the premises are under the control, direction or management of a registered NDIS provider, within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth, and
(c) the registered NDIS provider provides supported independent living at the premises.
(2) For the Act, section 24(3), definition of specialist disability accommodation, paragraph (c), nursing homes are prescribed not to be specialist disability accommodation.
Rates and schedule. Schedule 1 sets the exact dollar amounts for odontological services, travel and attendance and a per kilometre travel rate; those amounts are the prescribed rates for purposes of the Act, s 93(2).
The Regulation is short and targeted. It operates by prescribing interpretive points (SDA), procedural authorisations (guidelines by the State Coroner), administrative appointment criteria (cl 6), and discrete financial entitlements (cl 5 and Schedule 1). It does not itself create offences or penalties, nor does it set broad procedural rules for coronial inquiries beyond the specified topics. Where it relies on other instruments or definitions it explicitly cites them (for example Commonwealth NDIS and Aged Care statutes and the Specialist Disability Accommodation Conditions Rule).
Main concepts
The Regulation introduces and clarifies a small number of concepts that are operationally important to coronial functions and administration. Each concept below is defined or given legal effect in the Regulation text; the entry notes how the concept is anchored to the Act or other legislation.
Specialist disability accommodation (SDA) for s 24(3) of the Act. Clause 4A prescribes that premises are SDA if they meet three criteria: they are residential, they are under the control, direction or management of a registered NDIS provider (as defined in the Commonwealth National Disability Insurance Scheme Act 2013) and the registered provider provides supported independent living at the premises (cl 4A(1)(a)-(c)). Clause 4A(2) prescribes that nursing homes are not SDA for s 24(3). Clause 4A defines “nursing home” by reference to residential care in the Commonwealth Aged Care Act 1997 and imports the phrase “supported independent living” from the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018 (cl 4A(3)).
Guidelines about reporting fires and explosions. Clause 4 gives the State Coroner the authority to issue guidelines about reporting fires and explosions for the purpose of exercising the function identified in s 10(1)(b) of the Act. The Regulation does not itself detail the content of those guidelines; it creates the power to issue them.
Fees payable to odontologists. Clause 5 prescribes the monetary rates and GST treatment for odontological services the State may procure or pay for under the Act, s 93(2). It links the services to Schedule 1, which lists service types and precise dollar amounts (Schedule 1, items 1-3).
Domestic Violence Death Review Team composition criteria. Clause 6 requires the Minister, when appointing representatives of an organisation to the Team, to be satisfied that the members will collectively have qualifications, experience or expertise in eight discrete areas: child protection; corrective services; drug and alcohol treatment and rehabilitation; housing; Indigenous affairs; juvenile justice; mental health; and the advancement of women (cl 6(a)-(h)).
Repeal and savings. Clause 7 repeals the previous Regulation but preserves continuity by saving existing acts, matters or things that had effect under the 2010 Regulation so they continue to have effect under the new Regulation (cl 7(1)-(2)).
Across these concepts the Regulation repeatedly relies on external legal texts for definitional content. For SDA it prescribes an operational test but entrusts key definitional terms to Commonwealth statutes and a Commonwealth Rule. For fees it prescribes amounts and ties GST to the Commonwealth A New Tax System (Goods and Services Tax) Act 1999 (cl 5(2)).
Mechanically the Regulation is a mix of prescriptive monetary schedules, delegation of guideline power to a statutory officer, and appointment criteria for a review body. Conceptually, its core functions are to settle rate schedules and to reduce ambiguity about how particular classes of premises and experts fit into coronial administration.
Who it affects
The Regulation affects a tight set of actors by naming who receives payments, who makes appointments, who may issue guidelines, and what premises count as SDA. The principal affected groups are as follows.
Odontologists. The Regulation prescribes fees payable to odontologists for performing dental examinations of deceased persons and for travel, attendance at, and giving evidence at inquests concerning such examinations (cl 5 and Schedule 1). The Schedule fixes the rate for an odontological dental examination and report at $600.00 (Schedule 1, item 1), travel and in‑court attendance hourly and per half‑hour rates (items 2(a)-(b)), a daily cap for attendance payments (item 2(c)), and a per kilometre private motor vehicle travel rate of $0.97 (item 3). Clause 5(1)(b) specifies GST treatment, allowing payment of GST not greater than 10% of the rate payable.
Private providers who operate premises that might be SDA. Clause 4A prescribes conditions under which premises are SDA for the purposes of s 24(3) of the Act. It affects registered NDIS providers that control, direct or manage residential premises where supported independent living is provided. It also explicitly impacts operators of nursing homes because clause 4A(2) prescribes that nursing homes are not SDA for that definition.
Registered NDIS providers and their clients. The Regulation’s SDA prescription relies on registration under the Commonwealth National Disability Insurance Scheme Act 2013 and on the concept of supported independent living as defined in a Commonwealth Rule. That links coronial categorisation and potential coronial procedures to NDIS registration and the content of Commonwealth instruments.
The State Coroner. Clause 4 gives the State Coroner the power to issue guidelines about reporting fires and explosions. This places a procedural tool in the hands of a specific office holder and therefore affects coronial practices and external reporting by relevant agencies or persons, once guidelines are issued.
The Minister responsible for coronial administration. Clause 6 places an appointment condition on the Minister when selecting organisational representatives for the Domestic Violence Death Review Team. The Minister must be satisfied that appointees, among them nominees from organisations, collectively bring specified expertise.
Organisations nominated to the Domestic Violence Death Review Team. Organisations whose representatives are appointed to the Team are affected because the Regulation requires that the Team’s membership collectively include expertise in the listed areas (cl 6). Organisations that cannot supply members with those qualifications may be less likely to secure appointments.
Agencies and personnel involved in fire and explosion reporting. Although the Regulation does not directly impose duties on other agencies, the State Coroner’s power to issue guidelines about reporting fires and explosions may create new reporting expectations or procedural changes for agencies once guidelines are published (cl 4). The Regulation itself contains no content of such guidelines; affected agencies must monitor for issuance.
Persons and entities with existing acts, matters or things under the old Regulation. Clause 7(2) ensures continuity: any act, matter or thing that immediately before repeal had effect under the Coroners Regulation 2010 continues to have effect under the new Regulation, so private parties and agencies are not left in legal limbo by repeal.
Who pays. The public purse will be the source of payments to odontologists where the Act contemplates payment for services; the Regulation sets the rates the State will pay (cl 5, Schedule 1). The Regulation does not create new private liabilities; rather it prescribes State payments and certain administrative criteria.
Who decides. The State Coroner may issue guidelines (cl 4); the Minister decides on appointments to the Domestic Violence Death Review Team subject to the satisfaction requirement in cl 6; and the agency administering coronial payments will disburse fees under the Act using the prescribed Schedule 1 amounts set out in cl 5.
Key duties and rights
The Regulation establishes a small set of duties and rights, primarily by prescribing payment entitlements, defining a category of premises, and setting appointment conditions. The text creates rights to specified payments and places evaluative duties on decision‑makers.
Rights to payment for odontologists. For services covered by Schedule 1, the Regulation creates the prescribed amount payable to an odontologist for performing specified services and for travel and attendance at inquests (cl 5(1)(a); Schedule 1, items 1-3). That creates a settled entitlement as to the rate the State must pay for those services when the Act, s 93(2), applies. For example, an odontologist who carries out and prepares a report on a dental examination of a dead person is entitled to the $600.00 rate in Schedule 1, item 1. Travel and attendance at inquests attract payments under item 2, which specify a first two‑hour block rate, per half‑hour increments thereafter, and a daily cap. Travel by private motor vehicle is paid at $0.97 per kilometre (Schedule 1, item 3). The Regulation also provides for GST to be payable in addition, subject to the cap specified (cl 5(1)(b); cl 5(2) cites the Commonwealth GST Act).
Duty on the State Coroner to exercise an issued power. Clause 4 empowers the State Coroner to issue guidelines about reporting fires and explosions for the purposes identified in s 10(1)(b) of the Act. The Regulation does not prescribe the content of those guidelines; the duty is instead that the State Coroner may issue them and must exercise that power in accordance with the Act and applicable administrative law. The Regulation gives the State Coroner a procedural instrument but does not oblige any third party to follow guidelines until they are issued and incorporated into practice or linked to statutory duties under the Act.
Ministerial satisfaction requirement. Clause 6 imposes a decision‑making constraint on the Minister when appointing representatives of an organisation to the Domestic Violence Death Review Team. The Minister must be satisfied that the Team’s members will collectively have qualifications, experience or expertise in the eight enumerated areas (cl 6(a)-(h)). This is a substantive evaluative requirement. It places an evidentiary and assessment duty on the Minister or the Minister’s delegates to verify that collective expertise exists prior to appointment.
Rights preserved on repeal. Clause 7(2) preserves the effect of any act, matter or thing that immediately before repeal had effect under the Coroners Regulation 2010. This operates as a continuity right for any person relying on an existing status or action under the former Regulation; their legal position continues under the new instrument.
Definition and classification duties. The prescription in clause 4A operates as a legal rule for classifying premises as specialist disability accommodation for the purposes of s 24(3) of the Act. Decision‑makers applying s 24(3) must apply the three-part test in cl 4A(1) and recognise the exclusion in cl 4A(2). That creates a duty on coronial officers and other decision-makers charged with applying s 24(3) to follow the Regulation’s prescription rather than a different test.
What the Regulation does not do as a duty. It does not itself impose criminal penalties or administrative sanctions. It does not set licences or registration obligations beyond relying on existing registration under Commonwealth NDIS law. The Regulation does not require specific bodies to follow State Coroner guidelines; it merely authorises the State Coroner to produce them.
Operational implication of duties and rights. For odontologists, the right to the prescribed fee creates a predictable payment mechanism and pricing expectation for services performed in coronial matters. For the Minister and the State Coroner, the Regulation prescribes areas of attention and procedural competence they must satisfy in appointments and guideline issuance, respectively. For decision‑makers applying s 24(3) of the Act, clause 4A imposes a definitional duty to apply the Regulation’s prescription and exclusion.
Penalties and enforcement
The Regulation itself does not create new criminal offences or civil penalties. It operates primarily by prescribing rates, definitions and administrative standards. Where enforcement or penalties exist in relation to coronial processes those mechanisms remain in the Act or other legislation; this Regulation supplies interpretive and administrative detail but does not expand the enforcement toolbox.
No penalty provisions in the Regulation text. A reading of the Regulation shows no clause that establishes offences, fines, or penalty units. The instrument focuses on fees (cl 5, Schedule 1), guidelines (cl 4), definitional prescriptions (cl 4A), appointment criteria (cl 6), and repeal/savings (cl 7). None of these provisions specify enforcement mechanisms, sanctioning powers, or penalty amounts.
Payment enforcement implied through public administration. The Regulation prescribes amounts payable to odontologists under the Act, s 93(2) (cl 5). The practical effect is that agencies administering coronial payments will apply the Schedule 1 rates when disbursing funds. Enforcement of payment entitlements is therefore a matter of administrative practice and internal financial systems rather than a penal sanction created by the Regulation. Any dispute over whether a payment is owed or its correct amount will be determined under the Act’s payment and administrative procedures and normal public sector financial and dispute resolution mechanisms.
Ministerial and State Coroner discretion subject to statutory and administrative law. Clauses that vest powers or require satisfaction in public office holders, for example the State Coroner issuing guidelines (cl 4) and the Minister’s satisfaction when appointing Team members (cl 6), are exercised within the constraints of the Act and the general law. If an aggrieved party sought review of a decision to appoint (or not appoint) representatives to the Domestic Violence Death Review Team, or challenged the State Coroner’s issuance or content of guidelines, judicial review principles under administrative law would be the remedial path. The Regulation does not itself set a bespoke enforcement or appeal route.
Interaction with other enforcement regimes. Because the Regulation imports terminology and thresholds from Commonwealth statutes (for example NDIS registration and Aged Care Act definitions in cl 4A), any enforcement or compliance questions about those prerequisite matters remain governed by the Commonwealth regimes. For example, whether a provider is a registered NDIS provider is a question for Commonwealth administrative processes and enforcement mechanisms, not this Regulation.
Practical enforcement risk. The lack of penalty provisions means that compliance will be driven by administrative practice, funding arrangements and reliance on the Act’s statutory framework. If payment disputes arise, they will be adjudicated by the mechanisms available under the Act, public sector dispute processes, or judicial review, rather than by penalty clauses in the Regulation itself.
In short, the Regulation prescribes obligations and rights that are then enforced through administrative practice and the broader statutory architecture. It does not create new criminal or civil penalties.
How it interacts with other laws
The Regulation is explicitly cross‑referential and depends on several Commonwealth and State instruments for definitions, substantive thresholds, and the statutory context in which it operates. The Regulation’s operative interactions are as follows.
Primary reliance on the Coroners Act 2009. Clause 3 defines “the Act” to mean the Coroners Act 2009. Multiple provisions in the Regulation are expressly for the purposes of particular sections of the Act: clause 4 is for exercising the function in s 10(1)(b); clause 4A is for s 24(3); and clause 5 is for s 93(2). Application of the Regulation in practice therefore requires reading it alongside the Act and applying the Act’s substantive and procedural rules.
Definitions and interpretive legislation. Clause 3 notes the Interpretation Act 1987 affects interpretation and application of the Regulation. That means general statutory interpretation rules and definitions in the Interpretation Act will influence how courts or administrators construe ambiguous terms in the Regulation.
Commonwealth disability and aged care laws. Clause 4A imports or cross‑references Commonwealth instruments to define SDA and to exclude nursing homes. It references:
The National Disability Insurance Scheme Act 2013 (for registration of NDIS providers), and
The National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018 (for the meaning of “supported independent living”), and
The Aged Care Act 1997 (for the definition of “residential care” and hence what constitutes a nursing home).
Those references mean that the legal status of premises under this Regulation will often depend on Commonwealth determinations, registration records, and the content of the Commonwealth Rule. Any changes to those Commonwealth instruments will affect how this Regulation operates.
Tax law. Clause 5(2) makes GST relevant by importing the definition of GST from the A New Tax System (Goods and Services Tax) Act 1999 (Cth). The Regulation therefore ties the monetary treatment of GST on odontologist fees to Commonwealth tax law; the practical GST payable will be governed by that Act and tax practice, with the Regulation capping the GST payable at no greater than 10% of the rate payable.
Subordinate legislation and repeal mechanics. Clause 2 includes a note that this Regulation repeals and replaces the Coroners Regulation 2010, which would otherwise have been repealed on 1 September 2021 by the Subordinate Legislation Act 1989, s 10(2). Clause 7 gives the formal repeal and a savings clause. That means transitional and continuity issues arising from repeal have been addressed internally to avoid legal gaps.
Administrative law overlay. Powers and satisfactions required of the State Coroner and the Minister are subject to the general administrative law framework in New South Wales. The Regulation does not create alternative review paths; judicial review of administrative decisions under this Regulation would therefore proceed under the usual state administrative law principles and remedies.
Interaction with the Act’s procedural provisions. Since clause 4 authorises the State Coroner to issue guidelines about reporting fires and explosions under the Act, s 10(1)(b), those guidelines,if issued,will interact with any statutory reporting obligations under the Act and with the internal procedures of agencies that investigate or report fires and explosions. The Regulation itself does not modify the Act’s procedural obligations but provides an instrument for the State Coroner to shape reporting practice.
In summary, the Regulation must be read and applied with reference to the Coroners Act 2009 and relevant Commonwealth statutes and rules. Its definitional choices and payment prescriptions create dependences on other legal regimes for registration, taxation and aged care classification, which in turn means changes in those regimes will materially affect how the Regulation operates.
Amendment history
The Regulation text contains a small number of explicit amendment and insertion notes which indicate its amendment history as recorded in the instrument.
Repeal and replacement of the 2010 Regulation. Clause 7(1) expressly repeals the Coroners Regulation 2010. Clause 7(2) carries forward any act, matter or thing that immediately before the repeal had effect under the 2010 Regulation so that it continues to have effect under the 2021 Regulation.
Commencement note and context. Clause 2 states the Regulation commences on the day it is published on the NSW legislation website. The clause includes a note that the Regulation repeals and replaces the Coroners Regulation 2010, and that the latter would otherwise have been repealed on 1 September 2021 by operation of the Subordinate Legislation Act 1989, s 10(2). That note explains the legislative timing rationale: the 2021 instrument preserves continuity and avoids the automatic repeal gap.
Insertion note for clause 4A. Clause 4A appears with an insertion annotation: “cl 4A: Ins 2022 No 35, Sch 2.4.” That indicates clause 4A was inserted by a later amending instrument (2022 No 35, Schedule 2.4). The insertion note identifies the amending instrument and its schedule location, and therefore records that the SDA definition and nursing home exclusion were not part of the original 2021 Regulation but were subsequently added in 2022.
Schedule 1 as part of the 2021 text. Schedule 1, which sets odontologists’ rates, is attached to the Regulation as “Clause 5 , Rates payable to odontologists”. The schedule lists the precise dollar amounts and per kilometre rate. No separate insertion note appears for Schedule 1 in the text provided, which indicates it formed part of the instrument as enacted or has not been separately annotated in the extract.
No other amendment notes in the supplied text. The instrument includes the explicit insertion note for cl 4A. Beyond the repeal of the 2010 Regulation and the preservation of prior acts, the provided text does not include additional amendment annotations or a schedule of historical amendments beyond the cl 4A insertion note. The Regulation also contains statutory citations that anchor its provisions to the Act and Commonwealth instruments; those references serve as implicit amendment dependencies but are not themselves amendments recorded in this instrument.
Practical implications for users. The presence of the insertion note for cl 4A means practitioners must be alert to the timing of that amendment and ensure they consult the consolidated text for the current law. The repeal and savings clause avoids transitional uncertainty by carrying forward existing acts and matters from the 2010 Regulation, but practitioners should verify that any procedural or fee arrangements under the older Regulation are reflected in the new instrument or otherwise recorded in agency practice.
Litigation history
The Regulation text itself does not record any litigation history. There are no cases named, no judicial interpretations quoted, and no recorded disputes included in the instrument. Consequently the Regulation’s text provides no direct authority about how courts have construed its provisions.
What that absence means in practice.
No recorded judicial interpretation in the Regulation. Because the provided Regulation does not reference any cases, there is no statutoryly recorded body of authority interpreting its clauses within the instrument itself. Users seeking judicial construction must search case law databases and court reports for any decisions that reference the Coroners Regulation 2021 or its provisions, or for cases that interpret the corresponding provisions of the Coroners Act 2009 that the Regulation assists to implement.
Potential areas likely to generate litigation or review. While the Regulation contains no litigation history, the text identifies several areas where interpretation or administrative review is possible, and where litigation could plausibly arise:
The SDA prescription (cl 4A) may generate disputes about whether particular premises meet the three‑part test in cl 4A(1), or about whether a facility falls within the “nursing home” exclusion in cl 4A(2) given the Regulation’s reliance on Commonwealth definitions. Because cl 4A imports definitions and concepts from Commonwealth statutes and rules, disputes could turn on those Commonwealth instruments.
Ministerial satisfaction under cl 6 may be subject to administrative law review where an organisation contests a Ministerial appointment decision on the grounds the satisfaction requirement was not properly applied. Such review would proceed under the general administrative law principles of New South Wales rather than under the Regulation itself.
The State Coroner’s exercise of the guideline power in cl 4 could give rise to review or challenge if the Coroner issues guidelines that affect procedural rights or if the guidelines are alleged to be beyond the Coroner’s statutory authority or procedurally unfair. Those challenges would rely on standard judicial review grounds.
Payment disputes under cl 5 and Schedule 1 may produce administrative disputes about whether a particular service falls within Schedule 1 or whether the rates apply. Such disputes would be resolved through administrative dispute mechanisms or litigation about interpretation of the Act and the Regulation together.
Where to look for case law. Because the Regulation is deliberately limited and cross‑referential, the primary sources for any litigation will be:
Cases addressing the Coroners Act 2009 provisions that the Regulation implements or clarifies, and
Cases involving interpretation of Commonwealth instruments referenced in the Regulation where the Regulation’s application depends on the definition or registration status under those Commonwealth laws.
Status for practitioners. The absence of litigation history in the Regulation does not mean the Regulation is free from legal challenge; it means that at the time of the Regulation’s text there were no decisions appended or recorded in the instrument. Practitioners should search contemporary case law and administrative decisions for any decisions that refer to cl 4A, cl 5, cl 6 or cl 4, and they should review decisions construing the linked Commonwealth statutes and rules.
In short, the Regulation contains no litigation history within its text. Any litigated issues touching its operation will be found in external case law concerning the Coroners Act 2009, the Regulation itself, or the Commonwealth instruments the Regulation imports.
Gotchas
This Regulation is compact but contains several practical pitfalls, interpretive traps and operational details that users must watch for. The following are specific issues drawn from the text.
Clause 4A is prescriptive and relies on external instruments. The Regulation prescribes when premises are SDA for s 24(3) but does so by importing the concepts of “registered NDIS provider” and “supported independent living” from Commonwealth instruments (cl 4A(1)(b)-(c); cl 4A(3)). Practitioners must check the Commonwealth NDIS registration status for the provider and the Commonwealth Rule definitions rather than relying on local or informal characterisations. Failure to confirm registration or the precise nature of supports may lead to incorrect SDA classification.
Nursing homes are expressly excluded from SDA in cl 4A(2). The exclusion is not a general exclusion of aged‑care recipients from all coronial provisions; it is a narrow prescription for the meaning of SDA under s 24(3). The term “nursing home” is defined by reference to “residential care” in the Commonwealth Aged Care Act 1997 (cl 4A(3)). The risk is misclassification if a facility’s status under the Commonwealth aged care regime is ambiguous or has changed. Confirm the facility’s legal status under the Commonwealth Act.
GST capped at 10% of the rate payable. Clause 5(1)(b) permits payment of the amount of GST for the service, “being no greater than 10% of the rate payable.” That phrase effectively places an upper bound on GST payments in relation to the Schedule 1 rates. Given the standard GST rate in Australia is 10%, this cap aligns with ordinary expectation, but practitioners should not assume GST is automatically payable in full; the amount must be consistent with Commonwealth GST law and the Regulation’s cap.
Precise Schedule 1 mechanics and caps. Schedule 1 sets a $600.00 flat fee for carrying out and preparing a dental examination report (item 1) and specific time blocks and per kilometre rates for travel and attendance (items 2 and 3). Important particulars:
Item 2(a) is the rate for the first two hours or part of two hours at $177.90; item 2(b) is for each subsequent half hour or part of half hour at $26.80; item 2(c) caps the amount payable per day under those paragraphs at $547.40. Users must apply the increments carefully to avoid overclaiming or undervaluing time.
Item 3 fixes the per kilometre rate at $0.97 for travel by private motor vehicle. That can be materially below standard private motor vehicle reimbursement rates in other jurisdictions or instruments. Practitioners and odontologists should compare the travel reimbursement to their expected costs and be aware the Regulation fixes the entitlement.
No penalty or enforcement clause. The Regulation sets entitlements and authorises powers but provides no explicit enforcement or penalties. If a dentist or supplier believes they have not been paid the prescribed rate, their remedy is administrative, not through a penalty regime contained in this Regulation. Expect disputes to be resolved through public sector payment processes or via judicial review where appropriate.
State Coroner guidelines are discretionary and contentless until issued. Clause 4 gives the State Coroner power to issue guidelines about reporting fires and explosions but the Regulation does not provide content, timelines, consultation requirements, or legal effect of guidelines. Agencies should not assume the existence of guidelines; they must monitor for issuance and evaluate how any guidelines interact with statutory obligations under the Act.
Ministerial satisfaction in cl 6 is collective, not individual. The Minister must be satisfied that the members of the Domestic Violence Death Review Team will have, between them, the listed expertise (cl 6). That means organisations may secure appointment only if their nominees help achieve the collective expertise requirement; it does not necessarily require every individual appointee to possess all areas of expertise. However the Regulation does not provide guidance on evidentiary standards for that satisfaction.
Transitional continuity but potential practice changes. Clause 7(2) preserves prior acts, matters or things from the 2010 Regulation. While this prevents legal discontinuity, it also means practitioners should verify whether administrative practices under the old Regulation have been carried over in substance or updated by the new Regulation or by agency practice. Absence of express modernisation provisions in the schedule suggests limited substantive change beyond the specified insertions and repeals.
Amendment timing matters. The insertion note for cl 4A (Ins 2022 No 35, Sch 2.4) indicates the SDA prescription was not necessarily in the original 2021 text. Users must check the consolidated, current version of the Regulation to ensure they rely on the present operative text.
These “gotchas” are concrete, document‑based traps. They arise from the Regulation’s reliance on external definitions, precise dollar and time increments in Schedule 1, a cap on GST, and the discretionary nature of guideline powers with unspecified effect until exercised.
How to comply
Compliance under this Regulation centres on three practical streams: applying the SDA prescription correctly, ensuring obligations and evidentiary standards for appointments to the Domestic Violence Death Review Team are met, and administering or claiming odontologist fees according to Schedule 1 and cl 5. The following practical steps follow directly from the text.
For agencies or coronial officers applying s 24(3) of the Act (cl 4A):
Check registration status. Confirm whether the premises are under the control, direction or management of a registered NDIS provider, using the Commonwealth NDIS Act 2013 registration records (cl 4A(1)(b)). Do not rely on informal statements of operation.
Verify residential character. Confirm the premises are residential in nature (cl 4A(1)(a)). Documentary evidence such as tenancy or management agreements, building classification, or client intake records will assist.
Verify supported independent living. Confirm the provider is delivering supported independent living as defined in the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018 (cl 4A(1)(c) and cl 4A(3)). Obtain documentation that identifies the supports and their alignment with the Commonwealth Rule.
Confirm nursing home status. If an operator claims the premises are a nursing home, test that claim against the definition of “residential care” in the Aged Care Act 1997, as cl 4A(2) excludes nursing homes from SDA for s 24(3). Obtain aged‑care registration status or funding documentation.
Document the classification decision. Keep contemporaneous records explaining how the three-part test was applied and the documentary sources used. This will assist in administrative accountability and in defending any later challenge.
For organisations and the Minister appointing to the Domestic Violence Death Review Team (cl 6):
Assess collective expertise. Before appointment, map the proposed Team membership against the eight specified areas (child protection; corrective services; drug and alcohol treatment and rehabilitation; housing; Indigenous affairs; juvenile justice; mental health; advancement of women). Produce a matrix showing which member covers which area.
Provide evidence. Have candidates supply CVs, qualifications, role descriptions, or statements of experience so the Minister or delegates can form the required satisfaction that the Team will have the necessary collective expertise.
Maintain records. The Minister’s office should record the basis for satisfaction for each appointment to evidence compliance with cl 6 and to support administrative transparency.
For odontologists and agencies dealing with payment under cl 5 and Schedule 1:
Use Schedule 1 categories strictly. Invoice under the precise Schedule 1 items that correspond to the work performed:
Item 1: $600.00 for carrying out and preparing a report on a dental examination of a dead person.
Item 2: attendance and inquest attendance rates, with the first two hours or part thereof at $177.90, subsequent half‑hours at $26.80, and a daily cap of $547.40 for items 2(a)-(c).
Item 3: travel by private motor vehicle at $0.97 per kilometre.
Timekeeping for attendance. Record start and finish times for inquest attendance in units compatible with the Schedule 1 increments: the first two hours or part of two hours and subsequent half‑hour increments. Ensure daily totals do not exceed the cap in item 2(c).
GST invoicing. Invoice GST as applicable but understand the Regulation caps GST at no greater than 10% of the rate payable (cl 5(1)(b)). Align GST treatment with the Commonwealth A New Tax System (GST) Act 1999 as referenced in cl 5(2).
Keep travel records. Record kilometres travelled, dates, and route justification if claiming the per kilometre private vehicle rate of $0.97 (Schedule 1, item 3). Keep contemporaneous logs and receipts where available.
Understand scope of recoverable items. Do not invoice for items not listed in Schedule 1 unless there is a clear statutory basis under the Act. If additional costs are incurred, seek prior written authorisation from the paying agency.
For recipients and other agencies vis‑à‑vis State Coroner guidelines (cl 4):
Monitor for issuance. The State Coroner may issue guidelines about reporting fires and explosions; until guidelines are published there are no regulatory obligations under this Regulation. Subscribe to the State Coroner’s publications or the coronial office notifications.
Review and integrate. If guidelines are issued, review them against existing agency reporting processes and integrate them into operational manuals, training and IT systems as required. Document changes in reporting practice and notify relevant personnel.
Maintain a legal check. Where guidelines modify or clarify reporting thresholds, check those guidelines against the Coroners Act 2009 to ensure they are consistent with statutory duties and consult legal advisers if there is doubt.
General compliance hygiene:
Use consolidated legislation. Consult the consolidated version of the Regulation and the Act, and verify the presence of amendment notes such as the insertion of cl 4A (Ins 2022 No 35, Sch 2.4) to ensure you are working with current text.
Cross‑check Commonwealth instruments. For issues dependent on Commonwealth registration or definitions (NDIS registration, supported independent living, residential care), obtain and retain current statements or certificates from Commonwealth regulatory bodies as evidence for classification decisions.
Document decision‑making. Maintain records evidencing the factual basis for SDA classification, payment claims, Ministerial satisfaction, and any guideline implementation, because the Regulation places evaluative duties on public office holders and entitles odontologists to certain payments.
Seek advice where thresholds are unclear. Where a premises’ status as SDA or nursing home is borderline, or where payment categories may be in dispute, seek early legal advice or administrative clarification from the coronial administrative office to avoid later disputes.
Following these practical steps aligns operational practice with the Regulation’s specific text and reduces the risk of misapplication, overclaiming, or procedural challenge.
For the purposes of the Act, section 101E(3A), in appointing representatives of an organisation to the Domestic Violence Death Review Team, the Minister must be satisfied that the members of the Team will have, between them, qualifications, experience or expertise in each of the following areas—
(a) child protection,
(b) corrective services,
(c) drug and alcohol treatment and rehabilitation,
(d) housing,
(e) Indigenous affairs,
(f) juvenile justice,
(g) mental health,
(h) the advancement of women.
7 Repeal and savings
7 Repeal and savings
7 Repeal and savings
(1) The Coroners Regulation 2010 is repealed.
(2) Any act, matter or thing that, immediately before the repeal of the Coroners Regulation 2010, had effect under that Regulation continues to have effect under this Regulation.
Schedule 1 Rates payable to odontologists
Schedule 1 Rates payable to odontologists
Schedule 1 Rates payable to odontologists
Clause 5
| | Service | Rate payable $ |
| 1 | Carrying out, and preparing a report on, a dental examination of a dead person by an odontologist | 600.00 |
| 2 | Travelling to and from, and attending and giving evidence at, an inquest in relation to an examination referred to in item 1— | |
| | (a) for the first 2 hours or part of 2 hours | 177.90 |
| | (b) for each subsequent half hour or part of a half hour | 26.80 |
| | (c) the maximum amount payable per day under paragraphs (a) and (b) | 547.40 |
| 3 | Travelling by private motor vehicle to carry out an examination referred to in item 1 or to give evidence at an inquest in relation to the examination—per kilometre | 0.97 |