Queensland Consolidated Acts

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CORONERS ACT 2003 - SECT 71

71 Functions and powers of State Coroner

(1) The State Coroner's functions are—

(a) to oversee and coordinate the coronial system; and
(b) to ensure the coronial system is administered and operated efficiently; and
(c) to ensure deaths reported to coroners that are reportable deaths are investigated to an appropriate extent; and
(d) to ensure an inquest is held if—
(i) the inquest is required to be held under this Act; or
(ii) it is in the public interest for the inquest to be held; and
(e) to be responsible, together with the Deputy State Coroner, for all investigations into deaths in custody; and
(f) to issue directions and guidelines about the investigation of deaths and for other matters under this Act; and
(g) to promote public awareness of the coronial system; and
(h) any other function given to the State Coroner or a coroner under this or another Act.

(2) The State Coroner has power to do all things necessary or convenient to be done for, or in connection with, the performance of the State Coroner's functions.

(3) Without limiting subsection (2), the State Coroner may enter into an arrangement with a government entity to facilitate the entity's relationship with the coronial system.

Example—
a memorandum of understanding between the State Coroner and a government entity with functions including the investigation of deaths

(4) While a magistrate holds appointment as the State Coroner, the only functions and powers that the magistrate has are the functions and powers of the State Coroner.

(5) The State Coroner must devote the whole of his or her time to the duties of the State Coroner.

(6) Without limiting subsection (5), the State Coroner must not practise as a barrister or solicitor for fee or reward.

(7) Despite subsections (4) and (5), the State Coroner—

(a) may be appointed to act as, and perform the functions and exercise the powers of, the Deputy Chief Magistrate; and
(b) may be appointed as, and perform the functions and exercise the powers of, a member of the Child Death Case Review Committee under the Commission for Children and Young People and Child Guardian Act 2000; and
(c) may be appointed to, and perform the functions and exercise the powers of, another office if—
(i) holding the office, performing the functions and exercising the powers are compatible with the office of State Coroner; and
(ii) the Attorney-General, after consulting with the Chief Magistrate, approves of the State Coroner holding the office, performing the functions and exercising the powers.
Example of another office—
appointed member of the Police Education Advisory Committee

(8) The State Coroner must immediately stop holding an office, performing a function or exercising a power mentioned in subsection (7)(c) if required to do so by the Attorney-General.

(9) The Magistrates Act 1991, section 41 does not apply in relation to the State Coroner.

(10) However, if the State Coroner is acting as Deputy Chief Magistrate, the Magistrates Act 1991, section 41(1) applies to the extent it requires an acting Deputy Chief Magistrate to comply with every reasonable direction given to, or requirement made by, the Chief Magistrate.

(11) To remove any doubt, it is declared that the Magistrates Act 1991, section 14(b) applies to the State Coroner while acting as Deputy Chief Magistrate.

(12) The State Coroner may not perform the functions, or exercise the powers, of the State Coroner while the State Coroner acts as Deputy Chief Magistrate or, under the Magistrates Act 1991, section 14(b), as Chief Magistrate.

(13) In this section—

government entity means a government entity as defined in the Public Service Act 2008, section 24.



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