It prescribes procedural detail for coronial investigations under the Coroners Act 1995: required forms, time limits for reporting deaths and confirming requests, how autopsies and exhumations are directed, evidence rules for inquests, and access, retention and fees for coronial records. It affects coroners, police, medical practitioners, senior next of kin and anyone seeking records. Mechanically it fixes who decides (coroner/Chief Magistrate), who pays for copies (applicants unless fees waived), and creates compliance duties and limited administrative discretion.
These Rules of Court set procedural detail for investigations, inquests and related coronial functions under the Coroners Act 1995. They do not create substantive coronial powers; they prescribe how certain powers and duties in the Act are to be exercised, the forms and timeframes to be used, who may decide procedural matters, and limited penalties for non-compliance. Key mechanical changes introduced by the instrument include:
Reporting mechanics for deaths: a report may be made in person or by any available means of communication, but written confirmation in the prescribed form must be supplied to a coroner or police officer within 48 hours after making the report (rule 4(1)-(2)). A failure is punishable by a fine not exceeding 10 penalty units (rule 4(2)). The instrument defines a defence where the original written report contained substantially the required information (rule 4(3)).
Time and form requirements for requests and objections: requests for inquest or autopsy (rule 5), objections to autopsy (rule 6), and requests about exhumation (rule 10) must specify reasons, be made promptly (as soon as practicable or prior to the act), and be confirmed in writing within 24 hours where initially oral.
Prescribed forms and Chief Magistrate control: a number of items must be in forms determined by the Chief Magistrate, including autopsy directions (rule 7), records of investigations (rules 11 and 15), exhumation orders (rule 9(1)), certificates authorising disposal (rule 12), authorities for delegated powers (rule 23), custody orders (rule 24(2)), and summonses (rule 17(1)). The Schedule provides two example notices restricting access (Forms 1 and 2) for death and fire/explosion scenes.
Autopsy procedure and reporting: those directed to perform autopsies must do so as soon as practicable and must notify the coroner of preliminary findings or organ retention immediately, and provide final autopsy findings within 28 days or longer if the coroner allows (rule 8( a),(b),(c)). They must not notify other persons of findings without coroner approval (rule 8(d)).
Current sections
Direct links to the current provisions in Coroners Rules 2006.
confirm, in relation to a request made to a coroner, means give the coroner a notice that confirms the request and specifies the reasons for making the request;
court means the Magistrates Court (Coronial Division) established by section 5 of the Act;
deposition includes –
(a) a written proof of evidence prepared by a witness; and
(b) an examination of the witness in relation to that proof;
notice or "notification" means a notice or notification in writing;
oral evidence includes a deposition or affidavit read to the court;
writing includes writing in electronic form.
(2) Expressions that are defined in the Act and used in these rules of court have, unless the contrary intention appears, the same meaning in these rules of court as they have in the Act.
(3) In these rules of court, a reference to a form by number is a reference to the form so numbered in Schedule 1 .
Part 2
Investigation of Death
Part 2 Investigation of Death
4
Report of death
4 Report of death
(1) For the purposes of section 19(1) or (4) of the Act, a report of a death may be made in person or by any available means of communication.
(2) A person who reports a death as required by section 19(1) or (4) of the Act must, within 48 hours after making that report, provide a coroner or police officer with written confirmation of that report in the prescribed form.
Penalty: Fine not exceeding 10 penalty units.
(3) It is a defence in proceedings for an offence against subrule (2) if the defendant establishes that the report he or she made under section 19(1) or (4) of the Act was in writing and contained all, or a substantial part, of the information required to be included in the prescribed form.
(4) In this rule of court –
prescribed form means a form determined by the Chief Magistrate.
(a) be made before the relevant autopsy begins; and
(b) specify the reasons why it is being made; and
(c) be confirmed in writing within 24 hours after being made if it is not in writing.
7
Direction to perform autopsy
7 Direction to perform autopsy
A coroner's direction to perform an autopsy under section 36 of the Act is to –
(a) be in a form determined by the Chief Magistrate; and
(b) specify whether a full or limited autopsy is to be performed.
8
Performing autopsy
8 Performing autopsy
If a coroner under section 36 of the Act directs the State Forensic Pathologist, an approved pathologist or a medical practitioner to perform an autopsy –
(a) the State Forensic Pathologist, approved pathologist or medical practitioner is to perform the autopsy as soon as practicable after receiving the direction; and
(b) as soon as practicable after completing the autopsy, the State Forensic Pathologist, approved pathologist or medical practitioner is to notify the coroner –
(i) of any preliminary findings as to the cause of death; or
(ii) that the cause of death is still under investigation; or
(iii) whether any of the deceased person's organs have been retained and, if so, the reason for their retention; and
(c) within 28 days of completing the autopsy or such longer period as the coroner may allow, the State Forensic Pathologist, approved pathologist or medical practitioner is to notify the coroner of the autopsy findings; and
(d) the State Forensic Pathologist, approved pathologist or medical practitioner is not to notify any other person of the autopsy findings without the prior approval of the coroner.
9
Exhumation order
9 Exhumation order
(1) An order made under section 39(1) of the Act is to be in a form determined by the Chief Magistrate.
(2) The Chief Magistrate is to provide a copy of the order to the Minister administering the Local Government Act 1993 .
(a) be made before the relevant exhumation order is executed; and
(b) specify the reasons why it is being made; and
(c) be confirmed in writing within 24 hours after being made if it is not in writing.
11
Record of investigation into death
11 Record of investigation into death
A record kept under section 29(1) of the Act is to be in a form determined by the Chief Magistrate.
12
Certificate authorising disposal of human remains
12 Certificate authorising disposal of human remains
A certificate issued under section 32(1) of the Act is to be in a form determined by the Chief Magistrate.
13
Notice restricting access to place where death occurred
13 Notice restricting access to place where death occurred
A notice put up under section 34(2) of the Act is to be in accordance with Form 1.
Part 3
Investigation into Fire or Explosion
Part 3 Investigation into Fire or Explosion
14
Request for investigation into fire or explosion
14 Request for investigation into fire or explosion
A request under section 42 of the Act that a coroner hold an investigation into a fire or explosion is to –
(a) specify the reasons why it is being made; and
(b) be confirmed in writing within 24 hours after being made if it is not in writing.
15
Record of investigation into fire or explosion
15 Record of investigation into fire or explosion
A record kept under section 46(1) of the Act is to be in a form determined by the Chief Magistrate.
16
Notice restricting access to place where fire or explosion occurred
16 Notice restricting access to place where fire or explosion occurred
A notice put up under section 49(2) of the Act is to be in accordance with Form 2.
Part 4
Conduct of Inquest
Part 4 Conduct of Inquest
17
Summons to witness
17 Summons to witness
(1) A summons is to be in a form determined by the Chief Magistrate.
(2) A summons may be served on a person –
(a) personally; or
(b) by being left at the person’s usual place of abode or business with someone who has apparently attained 18 years of age.
(3) A person serving a summons is to –
(a) endorse a copy of the summons with the date and place of service; and
(b) sign the endorsement.
(4) In any proceedings for a failure to comply with a summons, a copy of the summons endorsed in accordance with subrule (3) is evidence –
(a) that the endorsement was signed by the person whose signature it purports to be; and
(b) that any statement contained in the endorsement is true.
(5) In this rule of court –
summons means a summons under section 53(1) of the Act.
18
Warrant of apprehension
18 Warrant of apprehension
A warrant of apprehension under section 53(5) of the Act is to be in a form determined by the Chief Magistrate.
19
Forms of evidence that may be accepted in inquest
19 Forms of evidence that may be accepted in inquest
A coroner may accept evidence given or produced at or for the purposes of an inquest in any of the following forms:
(a) oral evidence given under oath at the inquest;
(b) evidence tendered by deposition or affidavit;
(c) documentary or other evidence tendered as an exhibit.
20
Evidence by deposition or affidavit
20 Evidence by deposition or affidavit
(1) A witness may give evidence in an inquest by tendering a deposition.
(2) If a deposition is tendered as evidence in an inquest, the coroner may –
(a) direct the witness, the coroner’s associate or any other person to read the deposition; or
(b) read the deposition; or
(c) accept the deposition as read.
(3) If an affidavit is tendered as evidence in an inquest, the coroner may –
(a) if the deponent is summonsed as a witness, direct the deponent to read the affidavit; or
(b) if the deponent is not summonsed as a witness, direct the coroner’s associate or any other person to read the affidavit; or
(c) read the affidavit; or
(d) accept the affidavit as read.
21
Oral evidence given in inquests to be recorded
21 Oral evidence given in inquests to be recorded
A coroner holding an inquest must cause all of the oral evidence given in the inquest to be recorded.
Part 5
Miscellaneous
Part 5 Miscellaneous
22
Case management conferences
22 Case management conferences
(1) A coroner may request some or all of the persons who have a sufficient interest in an investigation (and their representatives, if any) to attend a conference for the purpose of facilitating the conduct of the investigation or, if applicable, the rest of the investigation.
(2) The request may be made orally or by means of a served notice (in a form determined by the coroner) but must in either case be accompanied by advice as to the time and place of the conference.
(3) The coroner who makes the request need not be the coroner who is conducting the investigation.
(4) The conference may be chaired by –
(a) the coroner who makes the request; or
(b) another coroner; or
(c) a coroner's associate or other person who has been specifically authorised by the Chief Magistrate to conduct the conference; or
(d) a coroner's associate or other person who has been generally authorised by the Chief Magistrate to conduct such conferences.
(5) The chair of the conference may direct a person attending the conference to do any one or more of the following:
(a) identify any issues that the person expects to arise in the investigation;
(b) identify anybody who the person considers might be a potential witness in the investigation and indicate the probable nature of their evidence;
(c) produce any document or thing that the person considers might be relevant to the investigation;
(d) confer with any other person about the investigation;
(e) find out information or procure documents that might be relevant to the investigation;
(f) take any other reasonable action that it is within the person's power to take for the purpose of facilitating the investigation.
(6) The chair of the conference may also do any one or more of the following:
(a) appoint the time and place for an inquest, if any;
(b) allow any person to participate in the conference or any part of it by means of a telephonic or audio-visual link;
(c) invite or allow disinterested persons to attend and participate in the conference if the chair reasonably considers that they may be able to contribute something of value, such as expert or special knowledge, to the conference proceedings;
(d) if the chair reasonably considers that the conference or any part of it should be held in private, direct any person to leave, or not to enter, the conference venue;
(e) adjourn the conference from time to time or from place to place;
(f) such other thing as the chair considers necessary or expedient having regard to the purpose of the conference.
(7) Except as otherwise provided by this rule of court, the chair of the conference may regulate his or her own proceedings.
(8) The chair of the conference, if he or she is not the coroner conducting the investigation, is to provide a written report about the conference and its outcome to –
(a) that coroner; and
(b) on request, the Chief Magistrate.
(9) The Chief Magistrate may authorise the public release of the report.
23
Delegated power of entry, inspection and possession
23 Delegated power of entry, inspection and possession
An authority under section 59(3) of the Act is to be in a form determined by the Chief Magistrate.
24
Order for care and control of articles in legal custody of coroner
24 Order for care and control of articles in legal custody of coroner
(1) An application for an order under section 60(2) of the Act is to –
(a) be in writing; and
(b) specify the reasons why the order is sought.
(2) An order made under section 60(2) of the Act is to be in a form determined by the Chief Magistrate.
(3) A person who receives an article, substance or thing consequent on an order under section 60(2) of the Act must comply with the conditions, if any, specified in the order.
Penalty: Fine not exceeding 10 penalty units.
25
Coroner's findings to be given to senior next of kin
25 Coroner's findings to be given to senior next of kin
At the conclusion of an investigation into a death, the coroner is to cause a copy of the coroner’s findings to be provided to the deceased person's senior next of kin.
26
Access to coronial records
26 Access to coronial records
(1) A coronial authority may, in accordance with this rule of court, do any (or any combination) of the following on such conditions as the coronial authority thinks fit:
(a) give a person access to a coronial record;
(b) provide a person with a copy of a coronial record;
(c) deny a person access to a coronial record;
(d) restrict a person's access to a coronial record;
(e) prohibit a person from being provided with a copy of a coronial record.
(2) A coronial authority's power under subrule (1) may be exercised –
(a) at any time during or after the investigation to which the coronial record relates; and
(b) on the coronial authority's own motion or on the application of a person claiming an interest in that investigation.
(3) A person is not entitled to be provided with a copy of a coronial record on application unless –
(b) the coronial authority waives the requirement to pay that fee.
(4) In deciding whether to give a person access to or a copy of a coronial record on application, a coronial authority may consider –
(a) whether the person has a sufficient personal or professional interest in the investigation to which the record relates; and
(b) whether giving the person the access or the copy is likely to unfairly prejudice the interests or reputation of another person; and
(c) such other matters as the coronial authority thinks fit.
(5) If there is an inconsistency between a decision of the Chief Magistrate and a presiding coroner on any matter under this rule of court, the decision of the Chief Magistrate prevails to the extent of the inconsistency.
| FORM 1 |
| Section 34 of the Act and rule 13 |
| Coroners Act 1995 |
| NOTICE RESTRICTING ACCESS TO PLACE WHERE DEATH HAS OCCURRED |
| |
| RESTRICTED AREA |
| NO ENTRY WITHOUT CORONER'S AUTHORITY |
| |
| Note: A person who enters or interferes with this restricted area may be liable to – |
| (a) a fine not exceeding 10 penalty units; or |
| (b) imprisonment for a term not exceeding 3 months. |
| |
| DESCRIPTION OF RESTRICTED AREA |
| |
| |
| |
| This notice is made pursuant to the order of ……………………(Coroner) made under section 34 of the Coroners Act 1995 on ………………. This notice has effect until ……………….. |
| |
| FORM 2 |
| Section 49 of the Act and rule 16 |
| Coroners Act 1995 |
| NOTICE RESTRICTING ACCESS TO FIRE OR EXPLOSION AREA |
| |
| RESTRICTED AREA |
| NO ENTRY WITHOUT CORONER'S AUTHORITY |
| |
| Note: A person who enters or interferes with this restricted area may be liable to – |
| (a) a fine not exceeding 10 penalty units; or |
| (b) imprisonment for a term not exceeding 3 months. |
| |
| DESCRIPTION OF RESTRICTED AREA |
| |
| |
| |
| This notice is made pursuant to the order of ……………………(Coroner) made under section 49 of the Coroners Act 1995 on ………………. This notice has effect until ……………….. |
These rules of court were made by the Magistrates Rule Committee at a meeting held on 19 June 2006.
These rules of court are administered in the Department of Justice.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
These rules of court may be cited as the Coroners Rules 2006 .
2 Commencement
2 Commencement
These rules of court take effect on 5 July 2006.
3 Interpretation
3 Interpretation
(1) In these rules of court, unless the contrary intention appears –
Act means the Coroners Act 1995 ;
authorised person means a person authorised by a coroner for the purposes of section 59(3) of the Act;
Chief Magistrate means the person for the time being holding or acting in the office of Chief Magistrate referred to in section 5 of theMagistrates Court Act 1987 ;
confirm, in relation to a request made to a coroner, means give the coroner a notice that confirms the request and specifies the reasons for making the request;
court means the Magistrates Court (Coronial Division) established by section 5 of the Act;
deposition includes –
(a) a written proof of evidence prepared by a witness; and
(b) an examination of the witness in relation to that proof;
notice or "notification" means a notice or notification in writing;
oral evidence includes a deposition or affidavit read to the court;
writing includes writing in electronic form.
Case management and delegation: coroners may convene case management conferences, delegate chairing to other coroners, coroner’s associates or specifically or generally authorised persons, and the chair has broad powers to manage participation, require production of documents and propose inquest timetables (rule 22).
Evidence, witness procedures and recordkeeping: rules permit depositions and affidavits to be used at inquest and set out how they may be read or accepted (rules 19-20), require recording of oral evidence (rule 21), and set retention periods for sound recordings: one year if transcribed, six years if not, unless the coroner directs otherwise (rule 27).
Access to coronial records: the coronial authority (Chief Magistrate or presiding coroner) may give, deny, restrict, or condition access to, or copies of, coronial records; fees are payable under separate regulations unless waived, and decision-making can consider personal or professional interest, prejudice to others, and other matters the coronial authority thinks fit (rule 26).
Non-fatal defects do not void proceedings: failure to comply with the Rules does not, unless ordered by a coroner, void proceedings under the Act; the Chief Magistrate may determine the procedure in such cases (rule 28).
Mechanically, the instrument centralises certain procedural design choices in the Chief Magistrate and the coroner, specifies timeframes for communications and evidence handling, and codifies administrative steps (forms, reports, notices, and delegation pathways). The Schedule provides two standard notice templates for restricting access to scenes.
The Rules commenced on 5 July 2006 and were made by the Magistrates Rule Committee on 19 June 2006. They include an express amendment entry in relation to rule 26(5A) added in 2010; the Rules otherwise operate as procedural companions to the Coroners Act 1995 and its cross-referenced statutes and regulations.
Main concepts
The Rules adopt a structured set of recurring concepts to administer investigations and inquests. Those concepts are defined or made operational in the Rules themselves and by cross-reference to the Coroners Act 1995. Key concepts and their operational effect in the Rules are:
Report, confirmation and prescribed form: rule 4 treats a death report as valid if made in person or by any available communication, but it requires written confirmation within 48 hours in a prescribed form determined by the Chief Magistrate. The term “prescribed form” is expressly defined as a form determined by the Chief Magistrate (rule 4(4); rule 3(1)). The Rules therefore separate the immediate act of reporting from the formal administrative record that supports coronial processes.
Writing includes electronic form: rule 3(1) expressly states that “writing includes writing in electronic form.” This affects multiple requirements for confirmation and applications that require written confirmation (rules 4(2), 5(c), 6(c), 10(c), and others).
Authorised persons and delegation: “authorised person” is defined with reference to section 59(3) of the Act (rule 3(1)). The Rules provide a Chief Magistrate-determined form for such authorities (rule 23). Rule 22 allows conferences to be chaired by coroners, coroner’s associates, or other persons specifically or generally authorised by the Chief Magistrate to conduct conferences. That creates a two-tier delegation structure: statutory delegation under the Act, and procedural delegation to persons authorised by the Chief Magistrate for specific tasks.
Procedural discretion and coronial authority: rule 26 defines “coronial authority” as Chief Magistrate or presiding coroner and vests broad discretion to give, restrict, deny or condition access to coronial records, with power to consider a person’s interest and prejudice to others (rule 26(1)-(4)). It also gives precedence to the Chief Magistrate’s decision where inconsistent with a presiding coroner (rule 26(5)).
Evidence modalities: the Rules recognise oral evidence, depositions, affidavits and documentary exhibits (rules 19-20). The coroner may direct how depositions or affidavits are to be read or accepted into evidence, and a coroner must cause a record of all oral evidence (rule 21).
Time limits for reporting and disclosure: the Rules place explicit timelines on several actions. For example, written confirmation of a death report is due within 48 hours (rule 4(2)); oral requests (for inquest, autopsy or exhumation) must be confirmed in writing within 24 hours (rules 5(c), 6(c), 10(c)); autopsy findings are to be notified within 28 days of completion or such longer period as the coroner allows (rule 8(c)); sound recording retention is one year after inquest if transcribed, or six years if not, unless the coroner directs otherwise (rule 27(1)).
Confidentiality and controlled disclosure: rule 8(d) prohibits pathologists from notifying anyone other than the coroner of autopsy findings without coroner approval. Rule 26(5A) creates a specific non-disclosure rule preventing release of parts of a coronial record that contain information declared confidential by the Obstetric and Paediatric Mortality and Morbidity Council under that Council’s Act.
Forms and template notices: the Schedule supplies template notices for restricting access to a death scene (Form 1) and a fire/explosion scene (Form 2). Both forms refer to criminal penalties (fine not exceeding 10 penalty units or imprisonment not exceeding 3 months) for entering or interfering with the restricted area, cross‑referencing the relevant Act sections in their headings.
These concepts work together: Chief Magistrate-determined forms and the coroner/Chief Magistrate discretion shape administrative uniformity, while timelines, recording obligations and evidence rules shape operational behaviour for police, medical practitioners, coroners and parties with sufficient interest.
Who it affects
The Rules affect multiple parties who interact with coronial processes. The text specifies roles and duties for a number of groups. Who pays, who decides and who must act are set out below with rule citations.
Coroners and the Chief Magistrate: the Chief Magistrate has substantial procedural control. The Chief Magistrate determines many forms (rules 3(3) referencing Schedule 1; rules 7(a), 9(1), 11, 12, 15, 17(1), 23, 24(2)). Rule 26(5) gives the Chief Magistrate decision-making precedence over a presiding coroner where inconsistent. Coroners decide on autopsy directions, notifications, case management conferences and access to records subject to those rule rubrics (rules 7, 8, 22, 26).
Police officers and persons required to report deaths: rule 4(1)-(3) requires that a person who reports a death under section 19(1) or (4) of the Act must provide written confirmation in the prescribed form within 48 hours. Failure attracts a fine not exceeding 10 penalty units. The “report may be made in person or by any available means of communication” (rule 4(1)), and “writing includes writing in electronic form” (rule 3(1)), which affects how police and other reporters will comply.
Medical practitioners, State Forensic Pathologist and approved pathologists: rule 8 imposes specific operational duties after a coroner directs an autopsy under section 36 of the Act. The pathologist must perform the autopsy as soon as practicable, notify the coroner of preliminary findings, organ retention, or continuing investigation, and provide final findings within 28 days or longer if the coroner allows. Rule 8(d) restricts pathologists from notifying other persons of autopsy findings without coroner approval.
Witnesses and persons served with summonses: rule 17 details service methods (personal or left at usual place of abode or business with an apparent adult), requires endorsement of service and allows that endorsement to be used as evidence in proceedings for non-compliance with a summons (rule 17(3)-(4)). Rule 18 prescribes a form for warrants of apprehension.
Senior next of kin: rule 25 obliges the coroner to provide a copy of the coroner’s findings to the deceased person’s senior next of kin at the conclusion of an investigation. This is a direct right to be informed and creates an administrative obligation on the coroner.
Applicants for coronial records and the public: rule 26(1)-(4) empowers coronial authorities to provide, deny or condition access and copies of coronial records. A copy will not be provided on application unless the applicant pays the relevant fee prescribed in the Coroners (Fees, Expenses and Allowances) Regulations 2006, or the coronial authority waives the fee (rule 26(3)). The authority may consider the applicant’s sufficient personal or professional interest and likely prejudice to others (rule 26(4)).
Organisations with statutory confidentiality under other Acts: rule 26(5A) prohibits giving access to parts of coronial records that contain information declared confidential by the Obstetric and Paediatric Mortality and Morbidity Council under section 15A of that Council’s Act.
Persons involved in article possession orders: rule 24 governs applications for orders under section 60(2) of the Act, requiring written applications specifying reasons. Persons who receive items under an order must comply with conditions specified in the order; breach attracts a fine not exceeding 10 penalty units (rule 24(3)).
Executors, cemetery owners, local government and Ministers: rule 9(2) requires the Chief Magistrate to provide a copy of an exhumation order to the Minister administering the Local Government Act 1993, creating an administrative notice obligation to government.
The Rules therefore create behaviour and administrative duties for public servants, medical professionals, police, applicants, witnesses, coronial staff and certain government ministers. They also create cost-bearing obligations for applicants seeking coronial records through the fee regime in separate Regulations.
Key duties and rights
The Rules frame a set of express duties and rights and vest significant procedural discretion with coronial authorities and the Chief Magistrate. Below are the principal duties and rights in the Rules with references.
Duties imposed by the Rules
Written confirmation of death reports: a person who reports a death must provide written confirmation in the prescribed form to a coroner or police officer within 48 hours (rule 4(2)). Penalty: fine not exceeding 10 penalty units.
Promptness and written confirmation for requests and objections: requests for inquest or autopsy under sections 27(1) and 37(1) of the Act are to be made as soon as practicable and must specify reasons, and be confirmed in writing within 24 hours if not originally in writing (rule 5). Objections to autopsy (rule 6) must be made before the autopsy begins, specify reasons, and be confirmed in writing within 24 hours if initially oral. Requests relating to exhumation also require timing before execution, reasons and 24-hour written confirmation (rule 10).
Form and content of coroner directions and records: directions to perform autopsies must be in the Chief Magistrate’s form and specify whether the autopsy is full or limited (rule 7). Records of investigations into death and into fire/explosion are to be in forms determined by the Chief Magistrate (rules 11 and 15). Certificates authorising disposal of human remains are in Chief Magistrate forms (rule 12).
Performing autopsies: a State Forensic Pathologist, approved pathologist or medical practitioner directed to perform an autopsy must perform it as soon as practicable, notify the coroner of preliminary findings or organ retention promptly, and notify of autopsy findings within 28 days of completion or a longer period allowed by the coroner (rule 8( a),(b),(c)). They are expressly prohibited from notifying others of findings without coroner approval (rule 8(d)).
Recordkeeping of oral evidence: coroners must cause all oral evidence given at an inquest to be recorded (rule 21).
Service and evidentiary endorsement for summonses: summonses are to be in a Chief Magistrate form and may be served personally or left at the person’s usual place of abode or business with an adult; the server must endorse the copy of summons with date and place of service and sign the endorsement, and that endorsement is admissible as evidence in proceedings for failure to comply (rule 17).
Compliance with orders for care and control of articles: a person who receives an article consequent to an order under section 60(2) must comply with conditions specified in the order; breach attracts a fine not exceeding 10 penalty units (rule 24(3)).
Rights and discretions conferred by the Rules
Coroners and Chief Magistrate discretionary powers over records: a coronial authority may give, provide copies, deny, restrict access to or prohibit copies of coronial records on conditions it thinks fit, at any time during or after the investigation and on its own motion or on application (rule 26(1)-(2)). The coronial authority can also consider an applicant’s interest and potential prejudice to others (rule 26(4)). The Chief Magistrate’s decision prevails where inconsistent with a presiding coroner (rule 26(5)).
Use of depositions and affidavits: a coroner may accept depositions and affidavits as evidence, read them or direct their reading (rule 20).
Case management powers: a coroner may request persons with sufficient interest to attend conferences for facilitation and may have conferences chaired by coroners, coroner’s associates, or persons authorised by the Chief Magistrate. The chair can make directions including identifying issues, witnesses, producing documents, and appointing time and place for inquests (rule 22(1)-(6)).
Access fee waivers: rule 26(3) allows coronial authorities to waive fees required under the Coroners (Fees, Expenses and Allowances) Regulations 2006 for copies of coronial records.
Non-voiding rule for procedural non-compliance: failure to comply with the Rules does not render proceedings void unless a coroner directs otherwise; the Chief Magistrate may determine procedure for such cases (rule 28(1)-(2)).
Ancillary statutory interactions grant or limit rights. For example, rule 26(5A) prevents release of Council-declared confidential information under the Obstetric and Paediatric Mortality and Morbidity Act 1994.
These duties and rights combine administrative compulsion, coroner discretion and procedural standardisation through forms and timeframes. They allocate costs for record access through separate regulations and create specific penalties for selected breaches.
Penalties and enforcement
The Rules set out a limited enforcement architecture. They primarily attach monetary penalties to administrative non-compliance, create criminal exposure via the template notices for restricted areas, and provide procedural enforcement tools such as warrants of apprehension and orders with conditions. The main enforcement provisions are:
Monetary fines for failure to confirm a death report: rule 4(2) prescribes a penalty of a fine not exceeding 10 penalty units for failing to provide written confirmation of a death report within 48 hours. The Rules also create similar fine exposure for failure to comply with conditions attached to an order for care and control of articles under rule 24(3) (fine not exceeding 10 penalty units).
Criminal exposure for entering restricted areas: Forms 1 and 2 in Schedule 1 state that a person who enters or interferes with the restricted area may be liable to a fine not exceeding 10 penalty units or imprisonment for a term not exceeding three months. The forms are linked to sections 34 and 49 of the Act, being the relevant provisions for restricting access to places where death or fire/explosion occurred. The instrument mandates that notices put up under section 34(2) and section 49(2) are to be in accordance with Form 1 or Form 2 respectively (rules 13 and 16), so the forms’ penalty statements operate in practice as part of the notice.
Warrant of apprehension: rule 18 requires a warrant of apprehension under section 53(5) of the Act to be in a form determined by the Chief Magistrate. That creates a formal enforcement device for compelling witness attendance where a summons is not complied with.
Evidentiary backing for service endorsements: rule 17(3)-(4) requires the server of a summons to endorse and sign a copy with the date and place of service. Rule 17(4) deems such endorsement as evidence that the endorsement was signed by the purported person and that statements in the endorsement are true. This evidentiary provision facilitates enforcement against non-compliant witnesses.
Non-voiding of proceedings: rule 28(1) states that failure to comply with the Rules does not render void any proceedings under the Act unless the coroner directs otherwise. This limits opportunities to challenge a coronial process on purely procedural grounds and gives the Chief Magistrate a power to determine remedial procedure (rule 28(2)). That is a procedural enforcement design that prioritises substance over formality.
Compliance conditions for custody of items: rule 24(3) couples delivery of articles to persons under orders with a statutory obligation to comply with any specified conditions in the order, enforced by the specified fine.
Restrictions on extraneous disclosure by pathologists: rule 8(d) prohibits the State Forensic Pathologist, approved pathologist or medical practitioner from notifying any other person of autopsy findings without prior approval of the coroner. While the rule does not state a specific penalty for breach, it is a mandatory direction from the coroner and likely enforceable through general contempt or other statutory enforcement under the Act.
The instrument creates a mixture of administrative sanctions (conditions on access, fee waivers), criminal exposure via notices, and civil-procedural enforcement (warrants, evidentiary endorsement). Monetary penalties are capped in several provisions at 10 penalty units; the Rule does not define the amount of a penalty unit, which is governed elsewhere in statute.
The Rules also give coroners and the Chief Magistrate procedural devices to manage non-compliance without voiding proceedings, allowing remedial directions in the event of procedural defects (rule 28). The institutional lines for enforcement typically run through coroner decision-making, Chief Magistrate forms, and the courts where contempt, warrants and fines are employed.
How it interacts with other laws
The Rules are procedural rules that operate in the statutory ecosystem around the Coroners Act 1995 and intersect with other named statutes and subordinate instruments. The instrument expressly cross-references and incorporates external legal instruments and bodies. The interactions and the practical effects of those cross-references are:
Coroners Act 1995: The Rules are designed to work as procedural implementation of provisions in the Coroners Act 1995. Many rules reference specific sections in the Act for their statutory basis: for example, reporting under section 19 (rule 4), autopsy directions under section 36 (rules 7-8), exhumation under section 39 (rules 9-10), inquests under sections 27 and 37 (rule 5), warrants and summons under section 53 (rules 17-18), delegated entry and inspection powers under section 59(3) (rule 23), and custody orders under section 60(2) (rule 24). The Rules therefore cannot be read independently; they operationalise the Act’s powers and procedural rights.
Magistrates Court Act 1987: rule 3(1) defines “Chief Magistrate” by reference to section 5 of the Magistrates Court Act 1987. That ties the institutional authority for forms and certain procedural precedence to the chief judicial administrator for the Magistrates Court, embedding coronial procedural control within the broader magistracy administration.
Coroners (Fees, Expenses and Allowances) Regulations 2006: rule 26(3) requires payment of relevant fees prescribed in these Regulations for copies of coronial records unless the coronial authority waives the fee. The practical effect is that access to copies of coronial records is subject to a separate fee regime administered under the Regulations.
Obstetric and Paediatric Mortality and Morbidity Act 1994: rule 26(5A) prevents a coronial authority from giving access to parts of a coronial record that contain information declared confidential by the relevant Council under section 15A of that Act. This is a direct statutory interlock that preserves confidentiality designations from the Council against coronial disclosure.
Local Government Act 1993: rule 9(2) requires the Chief Magistrate to provide a copy of an exhumation order to the Minister administering the Local Government Act 1993. This creates an administrative crossing to local government oversight or recordkeeping in relation to exhumations.
Rules Publication Act 1953: the Rules’ display and numbering comply with that Act, and the instrument records Gazette notification, which is an administrative interaction rather than an operational one.
Criminal sanction cross‑reference: the Schedule notice templates for restricted areas reference the penal consequences for entering or interfering with the restricted area, and those penalties are connected to the Act’s enforcement provisions (sections 34 and 49). The forms insert standardised criminal warning language into notices that are required under the Act.
Practical implications of these interactions
Administrative centralisation: by making key forms and authorisations the responsibility of the Chief Magistrate, the Rules place procedural standardisation within the Magistrates Court administration (rules 3, 7, 9, 11, 12, 15, 17, 23, 24).
Fee-based access mediated by separate Regulations: access to coronial records is not free by default; the Rules defer to the corollary fee regulations (rule 26(3)), which creates a cost barrier subject to coronial authority waiver.
Confidentiality carve-outs: the Rules respect confidentiality designations made by other statutory bodies, specifically the Obstetric and Paediatric Mortality and Morbidity Council (rule 26(5A)), limiting coronial disclosure even where the coronial authority might otherwise release records.
Cross-institutional notice obligations: exhumation orders must be copied to a Minister administering the Local Government Act 1993 (rule 9(2)), which may trigger administrative processes in local government and cemetery management.
The Rules therefore sit as a procedural layer that coordinates with the substantive Act and selected other statutes and subordinate instruments, shaping who decides, who pays, and what procedural form is required for coronial activity.
Amendment history
The instrument contains an explicit record of its creation and limited amendment notation. From the text provided, the following points summarise the amendment history and administrative provenance:
Original making and commencement: the Rules were made by the Magistrates Rule Committee at a meeting held on 19 June 2006, were notified in the Gazette on 28 June 2006, and took effect on 5 July 2006 (see the preliminary entries and rule 2).
Amendment recorded within the text: rule 26 contains an insertion labelled as rule 26 subrule (5A) with a bracketed note: “[Rule 26 Subrule (5A) inserted by No. 32 of 2010, s. 15, Applied: 04 Nov 2010]”. That demonstrates a single, identifiable amendment recorded within the Rules, which adds a prohibition on release of parts of coronial records that contain information provided by the Council under the Obstetric and Paediatric Mortality and Morbidity Act 1994 when that Council has declared the information confidential under section 15A of that Act (rule 26(5A)).
No other amendments are recorded in the text provided: the Rules as displayed include the forms and the signatures of the Magistrates Rule Committee members, but do not contain other amendment annotations or later variation entries in the copy supplied.
Administrative responsibility: the Rules state they are administered in the Department of Justice, the making committee and signatories are listed (A. G. Shott, Chief Magistrate; M. R. Hill, Deputy Chief Magistrate; and members), and the Rules were displayed and numbered in accordance with the Rules Publication Act 1953.
Cross-reference to external legislative amendment mechanisms: the file includes cross-references to related Acts and Regulations. Changes to those external instruments (for example, to the Coroners Act 1995 or the Coroners (Fees, Expenses and Allowances) Regulations 2006) will affect how the Rules operate, but such amendments are not recorded within this Rules text.
What the amendment record implies for practice
There is an explicit historical insertion in 2010 (rule 26(5A)) that narrows disclosure powers in relation to specific confidential material from the Obstetric and Paediatric Mortality and Morbidity Council, indicating the Rules have been subject to targeted amendment to reflect confidentiality intersections with other statutory bodies.
The concentration of form design, process rules, and delegated powers in the Chief Magistrate suggests that procedural change in practice may be implemented administratively via the Chief Magistrate’s determination of forms and authorisations, but formal legislative amendment to the Rules themselves would require the applicable rule-making procedure and is evident where recorded.
Absent further recorded amendments in the text supplied, practitioners should verify the current in-force version and check for later amendments or reprints, particularly where cross-referenced Acts or Regulations have changed (for example, penalty unit values, fee schedules, or substantive coronial powers).
The Rule 26 amendment note is the sole explicit amendment record visible in the supplied instrument. Practitioners should consult the consolidated, in-force version and the legislative history maintained by official sources for any further post-2010 changes not reflected in this copy.
Litigation history
The Rules text itself does not cite cases, nor does it include or summarise judicial decisions interpreting its provisions. The instrument contains no listed litigation history. The following points state what is present in the Rules and what follows as an implication for legal research.
No case references in the Rules: the supplied Rules include no judgments, no cited authorities and no statutory interpretation decisions. All procedural prescriptions are stated without commentary on judicial construction.
No recorded contested enforcement proceedings in the instrument: the instrument provides penalty clauses and enforcement mechanisms, but it does not record any litigation arising from their use. For example, Forms 1 and 2 warn of fines or imprisonment for entering restricted areas, but the Rules do not include any record of prosecutions under those notice provisions.
Amendment-related references to external Acts only: the only amendment annotation in the supplied text concerns rule 26(5A) inserted in 2010, and that amendment references the Obstetric and Paediatric Mortality and Morbidity Act 1994. It does not include or reference litigation about the interplay between coronial disclosure and that Council’s confidentiality declarations.
Research note (practical direction)
To locate litigation that interprets or tests these Rules, practitioners should search judicial decisions dealing with the Coroners Act 1995 and coronial procedure in the relevant jurisdiction, looking for references to these Rules (for example, how courts treat compliance with timeframes, the admissibility of depositions and affidavits, the recording and retention of oral evidence, or access to coronial records under rule 26). The Rules themselves do not contain such references.
For litigation about the confidentiality carve-out in rule 26(5A), research should include decisions or appeals involving the Obstetric and Paediatric Mortality and Morbidity Council’s confidentiality declarations and any accompanying judicial review of coronial decision-making to release records.
Where enforcement action was taken under the notice templates (Forms 1 and 2) for restricted areas, relevant criminal or administrative decisions will be recorded in the courts or tribunal databases; the Rules do not provide that record.
In short, this instrument contains no litigation history and provides no judicial gloss. Practitioners must consult case law databases and consolidated legislation to find judicial construction or enforcement outcomes involving these Rules.
Gotchas
This section highlights provisions that commonly cause compliance failures, uncertainty or unexpected administrative consequences for practitioners, and flags procedural traps that flow directly from the Rules.
Written confirmation timeframes are short and apply to multiple contexts: the Rules require written confirmation of a death report within 48 hours (rule 4(2)) and confirmation of oral requests for inquest/autopsy/exhumation within 24 hours (rules 5(c), 6(c), 10(c)). Electronic writing counts as writing (rule 3(1)). Practitioners relying on initial oral communications should ensure prompt written follow-up to avoid penalty exposure (rule 4(2)) or procedural non-compliance.
“Prescribed form” is Chief Magistrate-controlled and not publicly specified in the Rules: many obligations require a “prescribed form” determined by the Chief Magistrate (see rule 4(4) definition and rules 7(a), 9(1), 11, 12, 15, 17(1), 23, 24(2)). Failure to use the correct form can lead to technical non-compliance. Parties should obtain the current forms from the court administration or the Chief Magistrate’s office to avoid procedural rejection.
Confidentiality trap for specific Council material: rule 26(5A) blocks access to parts of coronial records containing information declared confidential by the Obstetric and Paediatric Mortality and Morbidity Council under its Act. Applicants should check whether the record contains such material, because that material is non-disclosable even if other parts of the record would otherwise be accessible.
Autopsy disclosure is tightly controlled: rule 8(d) expressly forbids pathologists from notifying any other person of autopsy findings without prior coroner approval. Practitioners should not assume preliminary findings are shareable. The rule also sets a 28-day deadline for autopsy findings (rule 8(c)), but allows extension only by the coroner; operational delays should be escalated to the coroner if more time is needed.
Fee requirement for copies of records: rule 26(3) requires payment of fees prescribed in the Coroners (Fees, Expenses and Allowances) Regulations 2006 for copies of coronial records unless the coroner or Chief Magistrate waives that requirement. Applicants should budget for fees and seek waivers early if cost is an issue.
Recording retention varies with transcription: sound recordings must be retained for one year post-inquest if transcribed, or six years if not transcribed (rule 27(1)). If a party needs a recording after those periods, they must apply before expiry or seek coroner direction. This creates a storage and retrieval window that parties should manage.
Non-compliance does not necessarily void proceedings: rule 28(1) prevents failure to comply with the Rules from automatically voiding coronial proceedings. That reduces the leverage of procedural challenges but also creates uncertainty about remediation because the Chief Magistrate may determine the procedure to follow (rule 28(2)). Parties expecting a procedural nullity challenge should be aware of this.
Broad case management powers and delegated chairs: the coroner may have conferences chaired by persons who are not the coroner conducting the investigation, including coroner’s associates and persons authorised by the Chief Magistrate (rule 22(4)). The chair can give directions on evidence, documents and consultation, and may exclude persons for private sessions (rule 22(5)-(6)). Parties may find themselves required to produce documents or identify witnesses at conference stage even where no formal inquest timetable has been set.
Endorsement of summons service is potent evidence: rule 17(3)-(4) makes the server’s endorsement of service both prima facie evidence of service and of the truth of the statement. That reduces the utility of later evidentiary disputes about service if the endorsement is properly completed.
Multiple decision-makers with precedence: the Rules allow both presiding coroners and the Chief Magistrate to make access decisions, but give precedence to the Chief Magistrate in case of inconsistency (rule 26(5)). Applicants and representatives should be aware that a Chief Magistrate direction may override presiding coroner choices.
Exhumation administrative notice to Minister: rule 9(2) requires the Chief Magistrate to provide a copy of an exhumation order to the Minister administering the Local Government Act 1993. Practitioners involved in exhumation should assume that local government ministers will be formally notified, which may trigger local procedural obligations.
These “gotchas” are concrete operational risks or administrative headaches driven by the Rules’ time limits, centralised form control, confidentiality carve-outs, and evidence procedures. Parties should obtain the current prescribed forms, calendar the short confirmation deadlines, budget for copying fees, and handle autopsy communications only through the coroner to avoid breach.
How to comply
The Rules impose specific steps and administrative habits. Below is a practical compliance checklist tailored to the different actor groups named in the Rules, with rule citations to the relevant provisions. It is framed as actionable steps to align behaviour with the Rules’ prescribed processes.
For police officers and first reporters of death (rule 4)
Accept death reports by any available means immediately (rule 4(1)), but ensure that written confirmation in the prescribed form is provided to a coroner or police officer within 48 hours of the initial report (rule 4(2)).
If the initial report was in writing and contained all or a substantial part of the prescribed form information, document this as the defence under rule 4(3).
Obtain the prescribed form set by the Chief Magistrate in advance, and use it for confirmations (rule 4(4); rule 3(3)).
For persons requesting inquest, autopsy or objecting to autopsy (rules 5-6)
Make requests for inquest or autopsy “as soon as practicable” and specify the reasons (rule 5(a)-(b)). If the request is oral, follow up with written confirmation within 24 hours (rule 5(c)).
Make autopsy objections before autopsy begins, specify reasons, and confirm in writing within 24 hours if initially oral (rule 6).
Use electronic writing where appropriate; the Rules define “writing” to include electronic form (rule 3(1)).
For coroners and court administration (rules 7-8, 11-12, 17-18, 21, 26)
Ensure all coroner directions to perform autopsies are in the Chief Magistrate’s form and specify whether the autopsy is full or limited (rule 7).
When directing an autopsy, require the forensic pathologist or approved practitioner to notify preliminary findings promptly and provide formal findings within 28 days, and to report any organ retention; use coroner authority to control further disclosure (rule 8).
Prepare and maintain records of investigations and certificates authorising disposal in the Chief Magistrate forms (rules 11, 12, 15).
When issuing summonses, use Chief Magistrate forms, ensure service is personal or by leaving with an adult at the usual place of abode or business, and require the server to endorse and sign the copy with date and place of service (rule 17(1)-(3)). Retain endorsed copies as evidence of service (rule 17(4)).
Require recording of all oral evidence in inquests (rule 21) and apply appropriate retention rules for sound recordings (rule 27).
For State Forensic Pathologists, approved pathologists and medical practitioners (rule 8)
Perform autopsies as soon as practicable after receiving direction (rule 8(a)).
Notify the coroner promptly of preliminary findings, organ retention or continuing investigation status (rule 8(b)).
Provide autopsy findings to the coroner within 28 days of completion, or seek coroner approval for an extension (rule 8(c)).
Do not notify any other person of autopsy findings without prior coroner approval (rule 8(d)).
For applicants seeking access to coronial records (rule 26)
Lodge applications with the relevant coronial authority (Chief Magistrate or presiding coroner). Be ready to show a sufficient personal or professional interest; the coronial authority may consider prejudice to others and other matters (rule 26(4)).
Pay the relevant fee prescribed in the Coroners (Fees, Expenses and Allowances) Regulations 2006, unless the coronial authority waives it (rule 26(3)).
Expect the coronial authority to impose conditions or restrictions on access or copies, and to exercise discretion to deny access where appropriate (rule 26(1)-(2)).
Check whether the record contains information declared confidential by the Obstetric and Paediatric Mortality and Morbidity Council; rule 26(5A) prevents disclosure of such material.
For persons receiving articles under custody orders (rule 24)
Make applications for orders under section 60(2) in writing and specify the reasons the order is sought (rule 24(1)).
If receiving items under an order, comply with any specified conditions in the order; failure to comply attracts a fine not exceeding 10 penalty units (rule 24(3)).
For case management conference participants (rule 22)
Attend if requested by the coroner and be prepared to identify issues, potential witnesses and documents, and to confer with other interested persons (rule 22(1), (5)).
Be aware that conferences can be chaired by persons authorised by the Chief Magistrate and that participation may be permitted by telephonic or audio-visual link (rule 22(4)-(6)(b)).
Expect the chair to possibly direct that part or all of the conference be private and to exclude persons where justified (rule 22(6)(d)).
General administrative steps
Obtain the current Chief Magistrate-determined forms for the range of required notifications, orders and summonses (rule 3(3)).
Maintain an internal calendar for statutory timeframes: 24-hour confirmation windows for oral requests and objections; 48-hour confirmation for death reports; 28 days for autopsy reports; sound recording retention periods (rules 4(2), 5(c), 6(c), 8(c), 27(1)).
Keep copies of all authorisations, endorsements and coroner directions. Where service of documents is required, use endorsed service forms as they are admissible as evidence under rule 17(4).
If procedural non-compliance occurs, engage the coroner or Chief Magistrate early because rule 28 allows the Chief Magistrate to determine the procedure to be followed and prevents automatic voiding of proceedings (rule 28(1)-(2)).
This checklist translates the Rules into operational steps for the major participant groups. Compliance is driven by adherence to the prescribed forms, observing short confirmation windows, respecting coronial discretion over disclosure and records, and keeping rigorous documentary proof of service, reports and authorisations.
(2) Expressions that are defined in the Act and used in these rules of court have, unless the contrary intention appears, the same meaning in these rules of court as they have in the Act.
(3) In these rules of court, a reference to a form by number is a reference to the form so numbered in Schedule 1 .
Part 2 Investigation of Death
Part 2 Investigation of Death
4 Report of death
4 Report of death
(1) For the purposes of section 19(1) or (4) of the Act, a report of a death may be made in person or by any available means of communication.
(2) A person who reports a death as required by section 19(1) or (4) of the Act must, within 48 hours after making that report, provide a coroner or police officer with written confirmation of that report in the prescribed form.
Penalty: Fine not exceeding 10 penalty units.
(3) It is a defence in proceedings for an offence against subrule (2) if the defendant establishes that the report he or she made under section 19(1) or (4) of the Act was in writing and contained all, or a substantial part, of the information required to be included in the prescribed form.
(4) In this rule of court –
prescribed form means a form determined by the Chief Magistrate.
5 Request for inquest or autopsy
5 Request for inquest or autopsy
A request under section 27(1) or section 37(1) of the Act is to –
(a) be made as soon as practicable after the relevant death; and
(b) specify the reasons why it is being made; and
(c) be confirmed in writing within 24 hours after being made if it is not in writing.
6 Objection to autopsy
6 Objection to autopsy
A request under section 38(1) of the Act is to –
(a) be made before the relevant autopsy begins; and
(b) specify the reasons why it is being made; and
(c) be confirmed in writing within 24 hours after being made if it is not in writing.
7 Direction to perform autopsy
7 Direction to perform autopsy
A coroner's direction to perform an autopsy under section 36 of the Act is to –
(a) be in a form determined by the Chief Magistrate; and
(b) specify whether a full or limited autopsy is to be performed.
8 Performing autopsy
8 Performing autopsy
If a coroner under section 36 of the Act directs the State Forensic Pathologist, an approved pathologist or a medical practitioner to perform an autopsy –
(a) the State Forensic Pathologist, approved pathologist or medical practitioner is to perform the autopsy as soon as practicable after receiving the direction; and
(b) as soon as practicable after completing the autopsy, the State Forensic Pathologist, approved pathologist or medical practitioner is to notify the coroner –
(i) of any preliminary findings as to the cause of death; or
(ii) that the cause of death is still under investigation; or
(iii) whether any of the deceased person's organs have been retained and, if so, the reason for their retention; and
(c) within 28 days of completing the autopsy or such longer period as the coroner may allow, the State Forensic Pathologist, approved pathologist or medical practitioner is to notify the coroner of the autopsy findings; and
(d) the State Forensic Pathologist, approved pathologist or medical practitioner is not to notify any other person of the autopsy findings without the prior approval of the coroner.
9 Exhumation order
9 Exhumation order
(1) An order made under section 39(1) of the Act is to be in a form determined by the Chief Magistrate.
(2) The Chief Magistrate is to provide a copy of the order to the Minister administering the Local Government Act 1993 .
10 Request that body not be exhumed
10 Request that body not be exhumed
A request under section 39(3) of the Act is to –
(a) be made before the relevant exhumation order is executed; and
(b) specify the reasons why it is being made; and
(c) be confirmed in writing within 24 hours after being made if it is not in writing.
11 Record of investigation into death
11 Record of investigation into death
A record kept under section 29(1) of the Act is to be in a form determined by the Chief Magistrate.
12 Certificate authorising disposal of human remains
12 Certificate authorising disposal of human remains
A certificate issued under section 32(1) of the Act is to be in a form determined by the Chief Magistrate.
13 Notice restricting access to place where death occurred
13 Notice restricting access to place where death occurred
A notice put up under section 34(2) of the Act is to be in accordance with Form 1.
Part 3 Investigation into Fire or Explosion
Part 3 Investigation into Fire or Explosion
14 Request for investigation into fire or explosion
14 Request for investigation into fire or explosion
A request under section 42 of the Act that a coroner hold an investigation into a fire or explosion is to –
(a) specify the reasons why it is being made; and
(b) be confirmed in writing within 24 hours after being made if it is not in writing.
15 Record of investigation into fire or explosion
15 Record of investigation into fire or explosion
A record kept under section 46(1) of the Act is to be in a form determined by the Chief Magistrate.
16 Notice restricting access to place where fire or explosion occurred
16 Notice restricting access to place where fire or explosion occurred
A notice put up under section 49(2) of the Act is to be in accordance with Form 2.
Part 4 Conduct of Inquest
Part 4 Conduct of Inquest
17 Summons to witness
17 Summons to witness
(1) A summons is to be in a form determined by the Chief Magistrate.
(2) A summons may be served on a person –
(a) personally; or
(b) by being left at the person’s usual place of abode or business with someone who has apparently attained 18 years of age.
(3) A person serving a summons is to –
(a) endorse a copy of the summons with the date and place of service; and
(b) sign the endorsement.
(4) In any proceedings for a failure to comply with a summons, a copy of the summons endorsed in accordance with subrule (3) is evidence –
(a) that the endorsement was signed by the person whose signature it purports to be; and
(b) that any statement contained in the endorsement is true.
(5) In this rule of court –
summons means a summons under section 53(1) of the Act.
18 Warrant of apprehension
18 Warrant of apprehension
A warrant of apprehension under section 53(5) of the Act is to be in a form determined by the Chief Magistrate.
19 Forms of evidence that may be accepted in inquest
19 Forms of evidence that may be accepted in inquest
A coroner may accept evidence given or produced at or for the purposes of an inquest in any of the following forms:
(a) oral evidence given under oath at the inquest;
(b) evidence tendered by deposition or affidavit;
(c) documentary or other evidence tendered as an exhibit.
20 Evidence by deposition or affidavit
20 Evidence by deposition or affidavit
(1) A witness may give evidence in an inquest by tendering a deposition.
(2) If a deposition is tendered as evidence in an inquest, the coroner may –
(a) direct the witness, the coroner’s associate or any other person to read the deposition; or
(b) read the deposition; or
(c) accept the deposition as read.
(3) If an affidavit is tendered as evidence in an inquest, the coroner may –
(a) if the deponent is summonsed as a witness, direct the deponent to read the affidavit; or
(b) if the deponent is not summonsed as a witness, direct the coroner’s associate or any other person to read the affidavit; or
(c) read the affidavit; or
(d) accept the affidavit as read.
21 Oral evidence given in inquests to be recorded
21 Oral evidence given in inquests to be recorded
A coroner holding an inquest must cause all of the oral evidence given in the inquest to be recorded.
Part 5 Miscellaneous
Part 5 Miscellaneous
22 Case management conferences
22 Case management conferences
(1) A coroner may request some or all of the persons who have a sufficient interest in an investigation (and their representatives, if any) to attend a conference for the purpose of facilitating the conduct of the investigation or, if applicable, the rest of the investigation.
(2) The request may be made orally or by means of a served notice (in a form determined by the coroner) but must in either case be accompanied by advice as to the time and place of the conference.
(3) The coroner who makes the request need not be the coroner who is conducting the investigation.
(4) The conference may be chaired by –
(a) the coroner who makes the request; or
(b) another coroner; or
(c) a coroner's associate or other person who has been specifically authorised by the Chief Magistrate to conduct the conference; or
(d) a coroner's associate or other person who has been generally authorised by the Chief Magistrate to conduct such conferences.
(5) The chair of the conference may direct a person attending the conference to do any one or more of the following:
(a) identify any issues that the person expects to arise in the investigation;
(b) identify anybody who the person considers might be a potential witness in the investigation and indicate the probable nature of their evidence;
(c) produce any document or thing that the person considers might be relevant to the investigation;
(d) confer with any other person about the investigation;
(e) find out information or procure documents that might be relevant to the investigation;
(f) take any other reasonable action that it is within the person's power to take for the purpose of facilitating the investigation.
(6) The chair of the conference may also do any one or more of the following:
(a) appoint the time and place for an inquest, if any;
(b) allow any person to participate in the conference or any part of it by means of a telephonic or audio-visual link;
(c) invite or allow disinterested persons to attend and participate in the conference if the chair reasonably considers that they may be able to contribute something of value, such as expert or special knowledge, to the conference proceedings;
(d) if the chair reasonably considers that the conference or any part of it should be held in private, direct any person to leave, or not to enter, the conference venue;
(e) adjourn the conference from time to time or from place to place;
(f) such other thing as the chair considers necessary or expedient having regard to the purpose of the conference.
(7) Except as otherwise provided by this rule of court, the chair of the conference may regulate his or her own proceedings.
(8) The chair of the conference, if he or she is not the coroner conducting the investigation, is to provide a written report about the conference and its outcome to –
(a) that coroner; and
(b) on request, the Chief Magistrate.
(9) The Chief Magistrate may authorise the public release of the report.
23 Delegated power of entry, inspection and possession
23 Delegated power of entry, inspection and possession
An authority under section 59(3) of the Act is to be in a form determined by the Chief Magistrate.
24 Order for care and control of articles in legal custody of coroner
24 Order for care and control of articles in legal custody of coroner
(1) An application for an order under section 60(2) of the Act is to –
(a) be in writing; and
(b) specify the reasons why the order is sought.
(2) An order made under section 60(2) of the Act is to be in a form determined by the Chief Magistrate.
(3) A person who receives an article, substance or thing consequent on an order under section 60(2) of the Act must comply with the conditions, if any, specified in the order.
Penalty: Fine not ex
This is an opening excerpt, not the complete document.