Australian Capital Territory Numbered Acts

CORONERS ACT 1997 (NO 57 OF 1997)

TABLE OF PROVISIONS

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   PART I--PRELIMINARY

   1.      This Act may be cited as the Coroners Act 1997.  
   2.      This Act commences on the day on which it is notified in the Gazette.  

   PART II--THE CORONER'S COURT

   4.      (1) The Coroner's Court established under section 3 of the Coroners Act 1956 continues in force as the Coroner's Court.  
   5.      A person who is a Magistrate is a Coroner for the Territory.  
   6.      The person for the time being holding or occupying the office of Chief Magistrate is the Chief Coroner.  
   7.      (1) The Chief Coroner is responsible for ensuring the orderly and expeditious discharge of the business of the Court.  

   PART III--JURISDICTION OF CORONERS

   12.     Except as otherwise provided by this Act, a Coroner has all the powers, authority and jurisdiction which were, immediately before the commencement of the Coroners Act 1956, vested in a Coroner.  
   16.     Where—  

   PART IV--POST-MORTEM EXAMINATIONS AND EXHUMATIONS

   20.     (1) A Coroner may dispense with the conduct of a post-mortem examination of a body if the Coroner, after considering the information furnished to him or her relating to the death, is satisfied that the manner and cause of death are sufficiently disclosed.  
   22.     If a medical practitioner specified in an order under subsection 21 (1) or (2) is, for any reason, unable to conduct the post-mortem examination, the Coroner may—  
   23.     (1) A Coroner holding an inquest into a death (other than a death in custody) may, if requested to do so by a member of the immediate family of the deceased or a representative of that person, authorise—  
   25.     A medical practitioner who attended a person professionally at or immediately before the person's death or during the person's last illness is entitled, on request, to be present as an observer at a post-mortem examination of the body of the deceased.  
   28.     In determining whether or not to—  
   29.     A warrant for the exhumation of the body or the recovery of the ashes of a person shall—  
   31.     (1) Where—  
   32.     Where, under section 21, 27 or 71, a post-mortem examination of the body, or an analysis of the ashes, of a deceased is carried out, the person carrying out the examination or analysis shall, as soon as practicable after the examination or analysis is completed—  
   33.     A Coroner who—  

   PART V--INQUESTS AND INQUIRIES

   34.     For the purposes of an inquest or inquiry a Coroner may conduct a hearing.  
   35.     A Coroner shall fix the time and place of a hearing.  
   36.     A Coroner may, by order made in or outside the Court, adjourn a hearing from time to time and from place to place.  
   38.     A Coroner shall, where practicable, not less than 14 days before conducting a hearing, publish in a daily newspaper published and circulating in the Territory the date, time and place of the hearing.  
   41.     A hearing for the purposes of an inquest or inquiry shall be conducted without a jury.  
   42.     A Coroner may grant leave to a person—  
   43.     (1) If a Coroner is satisfied that—  
   47.     (1) A Coroner is not bound to observe the rules of procedure and evidence applicable to proceedings before a court of law.  
   51.     A Coroner may make available to any person with sufficient interest in an inquest or inquiry—  
   53.     A Coroner may, at any time before concluding an inquest or inquiry, make an interim finding on any matter connected with the inquest or inquiry.  
   58.     (1) If, during the course of holding an inquest or inquiry, a Coroner has reasonable grounds for believing that, having regard to the evidence given at an inquest or inquiry, a person has committed an indictable offence, the Coroner—  
   61.     Unless a Coroner considers it advisable to do so, it is not necessary for him or her—  

   PART VI--DEATHS IN CUSTODY: ADDITIONAL PROVISIONS

   71.     The Coroner holding an inquest into a death in custody shall, whenever practicable, direct a post-mortem examination to be made of the body by a pathologist who has not less than 2 years experience in the conduct of post-mortem examinations.  
   72.     The Coroner holding an inquest into a death in custody shall appoint a legal practitioner to assist him or her, either generally or in relation to a particular matter.  
   73.     The Registrar shall keep a record of the inquest into a death in custody for a period of not less than 7 years after the completion of the inquest.  
   74.     The Coroner holding an inquest into a death in custody shall include in a record of the proceedings of the inquest findings as to the quality of care, treatment and supervision of the deceased which, in the opinion of the Coroner, contributed to the cause of death.  

   PART VII--OFFENCES

   78.     A custodial officer shall report a death in custody to a Coroner as soon as is reasonably practicable after becoming aware of the fact.  
   80.     A person appearing as a witness before a Coroner shall not, without reasonable excuse—  
   81.     A person shall not, at an inquest or inquiry or hearing, knowingly give evidence that is false or misleading in a material particular.  
   82.     A person, knowing or having reasonable grounds for believing that a document or other thing is or may be required in evidence at an inquest or inquiry or hearing, shall not wilfully—  
   83.     (1) A person shall not interfere with or remove the body or ashes of a deceased with intent to prevent or hinder the holding of the post-mortem examination or an analysis of the ashes, if the person has reason to believe that a post-mortem examination of the body or an analysis of the ashes has been, or may be, ordered under this Act.  
   85.     A person shall not wilfully prevent a person who has been summoned to attend at an inquest or inquiry from—  
   86.     A person shall not—  
   87.     A person shall not practise any fraud or deceit, or knowingly make or exhibit any false statement, representation, token or writing, to any person called or to be called as a witness before a Coroner with intent to affect the testimony of that person as a witness.  

   PART VIII--POWERS OF SUPREME COURT

   90.     A person to whom notice under subsection 64 (6) has been given may, within 30 days after receipt of the notice, apply to the Supreme Court for an order that a hearing into a death or fire be conducted.  
   91.     The Supreme Court may, on application by a person, if it is of the opinion that it would be in the interests of justice to do so, make an order directing a Coroner to conduct a hearing into a death or fire.  
   92.     The Supreme Court may make an order directing a Coroner to conduct a hearing into a death or fire if, on an application made by or under the authority of the Attorney-General, it is satisfied that—  
   93.     Where—  

   PART IX--FEES AND EXPENSES

   98.     A Coroner may allow to a witness who gives evidence before the Coroner, whether or not in obedience to a summons, such expenses as the Magistrates Court may allow to a witness under the Magistrates Court Act 1930.  
   99.     A person who, for the purposes of this Act, assists—  

   PART X--MISCELLANEOUS

   101.    (1) The Chief Coroner may, by notice published in the Gazette, approve a form for the purposes of this Act.  

   PART XI--SAVINGS AND TRANSITIONALS INTERPRETATION

   104.    In this Part—“commencement date” means the date on which section 3 of this Act commences; “former Act” means the Coroners Act 1956.  
   105.    (1) A person appointed to be a Deputy Coroner under section 7 of the former Act continues to hold office on the same terms and conditions as if he or she had been appointed under section 8 of this Act.  
   106.    The former Act continues to apply in relation to an inquest into a death or an inquiry into a fire (being a death or fire that occurred before the commencement date) but which had not been concluded before that date.  
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