26Access 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 –

(a) that person pays the relevant fee prescribed in the Coroners (Fees, Expenses and Allowances) Regulations 2006 ; or

(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.