Western Australian Consolidated Acts Western Australian Consolidated Acts In this Act, unless
the contrary intention appears —
agency has the same meaning as it has for the
purposes of the Public Sector Management Act 1994 ;
coroner includes the State Coroner and the Deputy
State Coroner;
coroner’s investigator means a person
referred to in section 14;
coroner’s registrar means a person referred
to in section 12;
court means the Coroner’s Court of Western
Australia established under section 5;
death includes suspected death;
Deputy State Coroner means the person appointed
under section 7;
Director of Public Prosecutions means the Director
of Public Prosecutions appointed under the Director of Public Prosecutions
Act 1991 ;
doctor means a person registered under the Health
Practitioner Regulation National Law (Western Australia) in the medical
profession;
guidelines means guidelines issued under
section 58;
inquest means a formal hearing by the court;
investigation includes an inquest;
pathologist means a doctor with a prescribed
qualification in pathology, or a doctor recognized by a prescribed
professional body as a pathologist;
person held in care means —
(a) a
person under, or escaping from, the control, care or custody
of —
(i)
the CEO as defined in section 3 of the Children and
Community Services Act 2004 ;
(ii)
the Chief Executive Officer of the department of the
Public Service principally assisting the Minister administering the Prisons
Act 1981 in its administration; or
(iii)
a member of the Police Force;
(aa) a
person for whom the CEO as defined in the Court Security and Custodial
Services Act 1999 is responsible under section 10, 13, 15 or 16 of
that Act, whether that person is at a custodial place as defined in that Act,
is being moved between custodial places or escapes, or becomes absent, from a
custodial place or during movement between custodial places;
(b) a
person admitted to a centre under the Alcohol and Drug Authority
Act 1974 ;
(c) a
person who is an involuntary patient within the meaning of the
Mental Health Act 1996 , or who is apprehended or detained under
Part 3 of that Act; or
(d) a
person detained under the Young Offenders Act 1994 ;
post mortem examination means an examination of
the body of a person who has died, for the purpose of investigating the death;
prescribed means prescribed by regulation;
reportable death means a Western Australian
death —
(a) that
appears to have been unexpected, unnatural or violent or to have resulted,
directly or indirectly, from injury;
(b) that
occurs during an anaesthetic;
(c) that
occurs as a result of an anaesthetic and is not due to natural causes;
(d) that
occurs in prescribed circumstances;
(e) of a
person who immediately before death was a person held in care;
(f) that
appears to have been caused or contributed to while the person was held in
care;
(g) that
appears to have been caused or contributed to by any action of a member of the
Police Force;
(h) of a
person whose identity is unknown;
(i)
that occurs in Western Australia where the cause of death
has not been certified under section 44 of the Births, Deaths and
Marriages Registration Act 1998 ; or
(j) that
occurred outside Western Australia where the cause of death is not certified
to by a person who, under the law in force in that place, is a legally
qualified medical practitioner;
senior next of kin has the meaning given under
section 37(5);
State Coroner means the person appointed under
section 6;
tissue includes an organ or part of the human body
or a substance extracted from, or from a part of, the human body;
Western Australian death means a
death —
(a) that
occurred in Western Australia;
(b)
where the body is in Western Australia;
(c) the
cause of which occurred in Western Australia;
(d) of a
person who was ordinarily residing in Western Australia at the time of death;
or
(e) of a
person who, at the time of death, was in an industry to and in relation to
which the Industrial Relations Act 1979 applies due to the operation of
section 3 of that Act.
[Section 3 amended by No. 40 of 1998
s. 8(2); No. 47 of 1999 s. 9; No. 8 of 2000 s. 3;
No. 15 of 2003 s. 4; No. 34 of 2004 s. 251; No. 59 of
2004 s. 76; No. 22 of 2008 s. 162; No. 35 of 2010
s. 46.]