Tasmanian Numbered Regulations

CORONERS RULES 2006 (S.R. 2006, NO. 51) - REG 26

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.

      (6) In this rule of court –

"coronial authority" means the Chief Magistrate or presiding coroner;

"coronial record" means any record held by the court in relation to an investigation and, without limiting the generality of this, includes –

(a) a document on the court's file; and

(b) if applicable, a transcript of oral evidence; and

(c) if applicable, a recording made pursuant to rule 21;

"presiding coroner" , for a coronial record, means the coroner that conducted, or is conducting, the investigation that the record relates to;

"record" includes a part of a record.