Coroners Act 1958 (Qld)

Queensland CORONERS ACT 1958 Reprinted as in force on 16 August 2002 (includes amendments up to Act No. 34 of 2002) Warning—see last endnote for uncommenced amendments Reprint No. 3E This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 16 August 2002. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • provisions that have not commenced and are not incorporated in the reprint • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland CORONERS ACT 1958 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4 Savings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Coroners and deputy coroners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PART 2—FUNCTIONS AND POWERS OF CORONERS 7 Inquiries by coroners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 7A Extent of jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 7B Inquests on death . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 8 Inquests into fires. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 9 Inquiry when body destroyed or irrecoverable . . . . . . . . . . . . . . . . . . . . . . . 12 10 Inquiries respecting missing persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 PART 3—MEDICAL CERTIFICATES 11 Medical certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 PART 4—NOTIFICATION OF DEATHS 12 Duty to notify discovery of dead body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 13 Medical practitioner to notify coroner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 PART 5—DUTY OF CORONER ON NOTIFICATION 14 Duty of coroner to act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 14A Any coroner may act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 14B Minister may direct coroner to act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 PART 6—WHERE NO INQUESTS ARE HELD 15 Fact of no inquest within 12 months to be reported . . . . . . . . . . . . . . . . . . . 15 16 Inquest need not be held in certain circumstances . . . . . . . . . . . . . . . . . . . . 16

2 Coroners Act 1958 PART 7—EXHUMATIONS 17 Exhumation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 8—POST-MORTEM EXAMINATIONS 18 Post-mortem examinations may be ordered . . . . . . . . . . . . . . . . . . . . . . . . . PART 9—REMOVAL AND DISPOSAL OF BODIES 19 Removal of bodies for post-mortem examination . . . . . . . . . . . . . . . . . . . . . 20 Order for removal of bodies out of State. . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 No burial without medical certificate, death certificate, or coroner’s order . 22 No cremation when post-mortem examination directed . . . . . . . . . . . . . . . . 23 Orders for burial and certificates of cremation . . . . . . . . . . . . . . . . . . . . . . . 23A Conditions of cremation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23B Cremation after burial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23C Relatives etc. may object to cremation in cases where not directed by deceased person. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23D Interested persons not to give certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . 23E Attorney-General may forbid cremation etc.. . . . . . . . . . . . . . . . . . . . . . . . . 23F Duties of officer in charge of crematorium . . . . . . . . . . . . . . . . . . . . . . . . . . PART 10—INQUESTS 24 Scope of inquest on death . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Inquest to be before coroner alone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25A Places where, and days when, inquest may be held . . . . . . . . . . . . . . . . . . . 26 Inquest where several deaths arise from 1 incident. . . . . . . . . . . . . . . . . . . . 27 Inquest may be completed by a coroner other than coroner who commenced inquest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 View of body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Time and place of inquest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29A Summons to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Court of record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30A Hearing in public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Appearances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Examination of witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Protection of witnesses and counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Admission of evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 17 20 21 21 23 24 24 26 26 27 27 27 28 29 29 29 29 30 30 30 32 32 33 33 33 34

3 Coroners Act 1958 35 Coroner to examine witnesses on oath . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35A Depositions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Adjournments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 View of the locus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Penalty on witnesses neglecting to attend . . . . . . . . . . . . . . . . . . . . . . . . . . . 38A Witness not answering. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Further offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Addresses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Committal for trial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Procedure where person charged with offence . . . . . . . . . . . . . . . . . . . . . . . PART 11—FINDINGS AND INQUISITIONS 43 Finding of coroner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Inquisitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 12—DEPOSITIONS TO BE SENT TO CHIEF EXECUTIVE 45 Coroner to forward depositions to chief executive . . . . . . . . . . . . . . . . . . . . PART 13—VERDICTS FELO-DE-SE 46 Verdicts of felo-de-se. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 14—REOPENING OF INQUESTS 47 Inquests may be reopened . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 15—GENERAL POWERS OF CORONER 48 General powers of coroner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 16—EXHIBITS 49 Custody of exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 17—MISCELLANEOUS 50 Police to assist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Enforcement of and appeals against summary punishments imposed under this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Penalty for unlawful publication of proceedings . . . . . . . . . . . . . . . . . . . . . 52A Penalty for taking or publishing photographs at inquests . . . . . . . . . . . . . . . 53 Summary proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Evidence of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Service of summons and execution of warrant . . . . . . . . . . . . . . . . . . . . . . . 56 Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 35 35 36 36 37 37 38 38 40 41 42 42 43 43 44 45 46 46 47 48 48 49 49 49

4 Coroners Act 1958 57 Witnesses’ expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Register of deaths . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Copies of depositions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59A Copies of reports on post-mortem and other examinations. . . . . . . . . . . . . . 59AA National coronial database . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59B Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59C Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Rule making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 18—TRANSITIONAL 61 References to earlier Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61A References to Cremation Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 50 50 51 51 52 52 52 53 53 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 54 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 5 Tables in earlier reprints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 8 List of forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 9 Provisions that have not commenced and are not incorporated into reprint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66

s1 5 s4 Coroners Act 1958 CORONERS ACT 1958 [as amended by all amendments that commenced on or before 16 August 2002] An Act to amend the law relating to coroners, to regulate the process of cremation, and for other purposes PART 1—PRELIMINARY 1 Short title This Act may be cited as the Coroners Act 1958 . 4 Savings (1) Unless otherwise expressly provided, nothing in this Act shall in any way derogate from or otherwise affect any of the provisions of— (a) the Commissions of Inquiry Act 1950 ; or (b) Coal Mining Safety and Health Act 1999 ; or (c) the Explosives Act 1999 ; or (d) Mining and Quarrying Safety and Health Act 1999 ; or (e) the Transport Operations (Road Use Management) Act 1995 ; or (f) any other Act relating to the holding of any inquiries or inquests into deaths resulting from certain incidents or into certain explosions or fires or relating to the notification of any deaths. (2) Save the Commissions of Inquiry Act 1950 , section 4A, no provision of any of the Acts specified or referred to in subsection (1) shall derogate from or otherwise affect the jurisdictions, powers, functions, authorities, and duties of coroners under this Act.

s5 6 s5 Coroners Act 1958 (3) This Act shall be read and construed subject to the provisions of the Commissions of Inquiry Act 1950 , section 4A. 1 (4) Nothing in this Act shall limit, prejudice, or otherwise affect the jurisdiction of the Supreme Court or of the judges or any judge in relation to, or over, a coroner or the coroner’s duties. (5) Any principle or rule of law, practice, or procedure, or existing usage or custom shall remain in full force except where, and so far as, it is inconsistent with this Act. (6) Nothing in this Act shall limit, prejudice, or otherwise affect any power, function, authority, or duty had by or conferred or imposed upon any police officer to make any inquiry or take any step or proceeding for any purpose other than the purpose of a coroner’s inquiry or inquest under this Act. 5 Definitions In this Act— “approved form” see section 59B. 2 “body” includes any portion of a human body. “child not born alive” means a child whose heart has not beaten after its complete expulsion or extraction from its mother and who is either— (a) a child of not less than 20 weeks gestation; or (b) a child weighing not less than 400 g at birth. “coroner” includes a deputy coroner. “inquest” means any inquest, including any reopened inquest, under this Act, and includes an inquiry pursuant to section 9 or 10. “Justices Act” means the Justices Act 1886 . “medical practitioner” includes a person registered under a law of another State that provides for the same matter as the MedicalPractitioners Registration Act 2001 or a provision of that Act. 1 CommissionsofInquiryAct1950 , section 4A (Interaction of commission with courts etc.) 2 Section 59B (Approval of forms)

s6 7 s6 Coroners Act 1958 “newspaper” means a newspaper within the meaning of the Printers and Newspapers Act 1981 , section 5. “prison” see Corrective Services Act 2000 . 6 Coroners and deputy coroners (1) Every person who at any time holds or occupies under the Crown in right of this State the office of— (a) stipendiary magistrate or acting stipendiary magistrate; or (b) (being also a justice of the peace and public service officer), clerk of the court or acting clerk of the court; shall, by virtue of the person’s office and without further appointment or other authority and while the person holds or occupies or performs the duties of that office, be a coroner. (1A) However, where a coroner (other than a deputy coroner) appointed under this Act, or a stipendiary magistrate or an acting stipendiary magistrate and a clerk of the court or an acting clerk of the court are both present at any place, then (unless requested or directed to so act by the coroner appointed under this Act, stipendiary magistrate, or acting stipendiary magistrate, as the case may be), the clerk of the court or acting clerk of the court, as the case may be, shall not act as coroner. (2) The Governor in Council may from time to time by notification published in the gazette appoint any persons to be coroners. (2A) Every coroner appointed hereunder shall hold office for such term as is fixed by the Governor in Council at the time of appointment, or if no such term is fixed, shall hold office during the pleasure of the Governor in Council. (2B) A coroner may be appointed hereunder and act as coroner notwithstanding that there is at the place at which the coroner will usually officiate or usually officiates, another coroner appointed by or under this Act. (2C) Every notification published in the gazette under subsection (2) shall be judicially noticed. (3) Every coroner shall have and may exercise jurisdiction, powers, functions and authorities throughout Queensland including the territorial waters of Queensland.

s6 8 s6 Coroners Act 1958 (4) A coroner (other than a deputy coroner) may appoint at any time and from time to time by writing under the coroner’s hand, any person or persons whether at the place where the coroner usually officiates or elsewhere who is or are a justice or justices of the peace to be the coroner’s deputy or deputies and may revoke any such appointment in like manner at any time. (4A) The appointment of a deputy may be limited to a particular purpose or for a fixed time. (4B) A copy of every such appointment of revocation shall be sent forthwith to the chief executive and be kept among the records of the department. (4C) The Minister may, by writing under the Minister’s hand, revoke any such appointment at any time. (4D) For the purposes of and subject to the deputy coroner’s appointment and so far as that appointment extends, a deputy coroner shall have and may exercise all of the jurisdiction, powers, functions and authorities, and shall perform all of the duties, and shall be subject to all the obligations and liabilities of the coroner whose deputy the deputy coroner is, and the provisions of this Act shall, with and subject to all necessary adaptations, apply accordingly. (4E) Unless the appointment of a deputy coroner is limited to a particular purpose, a deputy coroner shall not act as coroner when the coroner, whose deputy the deputy coroner is, is present except at the direction of that coroner. (4F) An inquest by a deputy coroner need not be described as being taken before the principal, and the deputy coroner may sign without signing in the name of the principal. (4G) Every writing which purports to be an appointment or a copy of an appointment of a deputy coroner shall be received in all courts as evidence of that appointment and of the matters therein contained and, in the absence of evidence in rebuttal thereof, shall be conclusive evidence of that appointment and of those matters. (4H) The word ‘coroner’ after the signature to any act which a coroner is authorised or permitted or required to do under this or any other Act shall be prima facie evidence that the person whose signature it purports to be is a coroner lawfully doing that act. (5) Any appointment by or under this section of a coroner or deputy coroner shall not prejudice or otherwise affect the jurisdiction, powers,

s7 9 s7 Coroners Act 1958 functions and authorities of any other coroner including in the case of a deputy coroner, the coroner whose deputy the deputy coroner is. (6) A revocation of the appointment under this Act of a coroner or deputy coroner shall not prejudice the validity of anything done prior to the revocation. (7) Save as may be authorised by the rules in any case or cases, a coroner or deputy coroner shall not take any fee or remuneration in respect of anything done by the coroner or deputy coroner in the execution of his or her office or appointment. PART 2—FUNCTIONS AND POWERS OF CORONERS 7 Inquiries by coroners (1) A coroner shall have jurisdiction to inquire and shall inquire forthwith whether the death has occurred and into the cause of the death and the circumstances of the death of a person where the coroner is informed that the person is dead and— (a) in the coroner’s opinion there is reasonable cause to suspect that the person— (i) has died either a violent or unnatural death (but so that the meanings of the terms ‘violent’ and ‘unnatural’ shall not be affected by anything contained in subparagraphs (ii) to (ix)); (ii) has died a sudden death of which the cause is unknown; (iii) has died in any circumstances of suspicion; (iv) has died by drowning; (v) has died while under an anaesthetic in the course of a medical, surgical, or dental operation or operation of a like nature; (vi) has died but no certificate of a medical practitioner has been given as to the cause of death; (vii) has died not having been attended by a medical practitioner at any period within 3 months immediately prior to the person’s death;

s 7A 10 s 7B Coroners Act 1958 (ix) has died in such circumstances as to require the cause of death or the circumstances of death or both to be ascertained or more clearly and definitely ascertained; or (b) that the person has died within the State while detained in any prison or psychiatric hospital; or (c) in the coroner’s opinion the person has died within the State in such a place as to require that inquiry; or (d) the Minister has directed the coroner to so inquire (the Minister being hereby empowered to so direct at any time when the Minister is of the opinion that the person has died in such a place or in such circumstances as to require such inquiry). (2) However, a coroner shall not inquire or hold an inquest into the death of any patient who dies in any psychiatric hospital to which the coroner is an official visitor. (3) Where under this Act a coroner inquires into any death, the coroner may from time to time make or cause to be made such inquiry, investigation, inspection, examination, and test, or any of these, as the coroner considers fit. 7A Extent of jurisdiction The jurisdiction conferred by this Act to inquire and to hold an inquest shall exist in every case where a person has died within the State, whether the dead body of that person is within or outside the State, and, except where otherwise expressly provided, where a person has died outside the State and the dead body of that person is within the State. 7B Inquests on death (1) If as the result of a post-mortem examination, or otherwise as the result of the coroner’s inquiry the coroner is of the opinion that— (a) there is reasonable cause to suspect that the person— (i) has died either a violent or an unnatural death; or (ii) has died a sudden death of which the cause is unknown; or (b) the person has died within the State— (i) while detained in any prison or psychiatric hospital; or

s 8 11 s 8 Coroners Act 1958 (ii) in such a place as to require an inquest to be held; or (c) the person has died in such circumstances as to require an inquest to be held; the coroner shall hold forthwith an inquest into the death of that person unless, in a case specified in paragraph (a) or (b) it is decided, pursuant to section 16, that the holding of an inquest is unnecessary. (2) In any case in which pursuant to this Act the coroner may inquire into the death of any person, the coroner shall hold forthwith an inquest into the death of that person if so directed by the Minister. (3) The Minister is hereby empowered to give at any time such a direction. (4) The commissioner of the police service or an inspector of police or a person authorised by subsection (6) may, at any time, request the coroner to hold an inquest into the death of a person in any of the circumstances specified in subsection (1), but before so doing the coroner may require a statement in writing of the grounds for such request. (5) If the coroner is of the opinion that such grounds do not warrant the holding of an inquest, the coroner may refuse to hold the inquest but in that event the coroner shall forthwith notify the chief executive in writing of such refusal and forward with such notification a copy of such grounds. (6) The persons authorised to request a coroner to hold an inquest shall be the husband or wife, father, mother, sister, brother, son, daughter, or guardian of the deceased person concerned or any other person having, in the opinion of the coroner, a sufficient interest in the cause and circumstances of the deceased person’s death. 8 Inquests into fires (1) A coroner shall have jurisdiction to hold and shall hold forthwith an inquest into the cause and origin of every fire whereby any property of any kind has been endangered, destroyed, or damaged, or whereby the life of human or beast has been lost or endangered— (a) if the coroner is of opinion that the inquest should be held; or (b) if the Minister directs the coroner to hold the inquest; or (c) if requested to hold the inquest by any person and upon payment by that person to the coroner of such sum as may be prescribed by the rules, or, if no such sum is prescribed, the sum of $50 and

s 9 12 s 10 Coroners Act 1958 in every case upon the giving, at the same time, an undertaking, under security to the satisfaction of the coroner, to pay such further costs as may be entailed in the holding of such inquest; and the provisions of this Act shall, with and subject to all necessary adaptations, apply to any such inquest. (2) The certificate of the coroner shall be final and conclusive as to the amount of the further costs mentioned in subsection (1). (3) All such further costs may be reimbursed out of the security given and if such further costs are not thus fully satisfied the Crown may recover from the person so requesting the holding of the inquest the balance not so reimbursed by action in any court of competent jurisdiction. 9 Inquiry when body destroyed or irrecoverable Where a coroner has reason to believe that a death has occurred, whether within or outside the State, in such circumstances that an inquiry under this section into the death ought to be held in the State but, because the body has been destroyed or cannot be recovered, an inquest under the provisions of this Act other than this section cannot be held, the coroner may report the facts to the chief executive and the Minister may, if the Minister considers it desirable so to do, direct the inquiry to be held and the inquiry shall be held forthwith upon receipt of the direction by the coroner making the report or by such other coroner as the Minister may direct, and the provisions of this Act shall apply, with and subject to all such modifications as may be necessary in consequence of the inquiry being held otherwise than on or after view of a body. 10 Inquiries respecting missing persons (1) Where any person has whether before, on or after the commencement of this Act, been reported to the police as a missing friend and the police have not, within the period of 12 months next succeeding the date of such report, found such missing person or the body of such missing person, a coroner shall, if— (a) the coroner is of the opinion that such an inquiry ought to be held; or (b) the Minister directs the coroner to hold such an inquiry; or (c) a person authorised in that behalf by this section requests the coroner to hold such an inquiry;

s 11 13 s 12 Coroners Act 1958 have jurisdiction to inquire into and shall inquire forthwith into the cause and circumstances of the disappearance of such missing person and into all such matters and things as will or will be likely to reveal whether such missing person is alive or dead and, if such person is alive or likely to be alive, the whereabouts of such person at the time of such inquiry, and the provisions of this Act shall, with and subject to all necessary adaptations, apply to every such inquiry. (2) The persons authorised to request the coroner to hold an inquiry under this section shall be the commissioner of the police service, or an inspector of police, or the husband or wife, father, mother, sister, brother, son, daughter, or guardian of the missing person concerned or any other person having, in the opinion of the coroner, a sufficient interest in the cause and circumstances of the missing person’s disappearance. PART 3—MEDICAL CERTIFICATES 11 Medical certificates A medical practitioner shall not, unless with the consent of a coroner, give a medical certificate as to the cause of death (other than a certificate in connection with a post-mortem or other examination made by the medical practitioner under this Act) in relation to any death which has occurred or which in the medical practitioner’s opinion has occurred in any of the circumstances specified in section 7(1)(a)(i) to (v) or (vii) or (b). Maximum penalty—8 penalty units. PART 4—NOTIFICATION OF DEATHS 12 Duty to notify discovery of dead body (1) It shall be the duty of every person finding a dead body, or having knowledge of the finding of the dead body or of the death of any person in any of the circumstances specified in section 7(1)(a)(i) to (vii) or (b) of this

s 13 14 s 13 Coroners Act 1958 Act 3 to report forthwith the death to the police officer in charge of the nearest police station who shall thereupon report the death to a coroner. (1A) Every person who fails to discharge the duty imposed upon the person by subsection (1) commits an offence against this Act. Maximum penalty—2 penalty units. (1B) However, a person shall not be convicted of such an offence if the court is satisfied that the person honestly and reasonably but mistakenly thought that the death had been or was being so reported by any other person or if in fact the death had been so reported. (2) Where practicable, all reports to a coroner under this section and section 13 shall be made to the nearest coroner. (3) The provisions of this section shall not derogate from or otherwise affect the provisions of any other Act whereby any person is required to give notice of the death of any person to the coroner or to any other person. (4) This section does not apply in a case where a medical practitioner gives a medical certificate under section 11(2). 13 Medical practitioner to notify coroner (1) In any case of death where, in the opinion of any medical practitioner, the death has occurred under any circumstances of suspicion, that medical practitioner shall forthwith report the case to a coroner. Maximum penalty—8 penalty units. (2) The provisions of section 12 and of this section shall not derogate from or otherwise affect any other duty imposed by law, whether laid upon particular persons by statute or otherwise imposed, to give any information which may lead to a coroner having notice of circumstances requiring the coroner to inquire or hold an inquest into a death. 3 Section 7 (Inquiries by coroners)

s 14 15 s 15 Coroners Act 1958 PART 5—DUTY OF CORONER ON NOTIFICATION 14 Duty of coroner to act It shall be the duty of the coroner to whom the death of any person in any of the circumstances specified in section 7(1) 4 is reported to act as the coroner in relation to that death unless the coroner is credibly informed that another coroner is cognisant of that matter and is proceeding to inquire there into. 14A Any coroner may act On the death of any person in any of the circumstances specified in section 7(1) any coroner who is informed of the death may act as the coroner in relation to that death notwithstanding that the death of that person has not been reported to the coroner pursuant to this Act. 14B Minister may direct coroner to act When a direction to hold or to reopen an inquest into a death has been given by the Minister to a coroner then no coroner other than the coroner so directed shall hold or as the case requires reopen an inquest into that death unless and until a further direction has been given by the Minister and then in accordance with that further direction. PART 6—WHERE NO INQUESTS ARE HELD 15 Fact of no inquest within 12 months to be reported Any coroner who by or under this Act is required to act, or has in any way acted, as the coroner in relation to any death shall, if the coroner has not commenced, before the expiration of 12 months from the date of death or before the expiration of 12 months from the date of the finding of the dead body, whichever is the later, to hold an inquest into that death and unless it has been decided pursuant to section 16 that the holding of an 4 Section 7 (Inquiries by coroners)

s 16 16 s 16 Coroners Act 1958 inquest is unnecessary, forthwith upon the expiration of that time report in writing to the chief executive that fact, and shall furnish to and upon and in accordance with the request of the chief executive such information and documents within the coroner’s knowledge or in the coroner’s possession and such reports in relation to the death as the chief executive may from time to time require. 16 Inquest need not be held in certain circumstances (1) Subject to the provisions of section 7B(1), where the coroner as a result of the coroner’s inquiry, whether with or without a post-mortem examination, or of an inquiry made pursuant to any other Act by any other person, is satisfied— (a) that the death was due to natural causes and did not occur in such place or in such circumstances as to require the holding of an inquest; or (b) that no good purpose will be served by the holding of an inquest; then, in the case set forth in paragraph (a), the coroner may decide, and in the case set forth in paragraph (b), the coroner may recommend to and for the decision of the chief executive, that the holding of an inquest is unnecessary. (1A) Upon receipt from a coroner of a recommendation made under subsection (1), the chief executive may decide, with or without further inquiry for that purpose, that the holding of an inquest is unnecessary. (1B) Notification of the chief executive’s decision that the holding of an inquest is unnecessary shall be sent to the commissioner of the police service. (2) If, under this section, a coroner decides that the holding of an inquest is unnecessary the coroner shall, in the approved form, forthwith notify the chief executive of the coroner’s decision and forward a copy of such notification to the commissioner of the police service. (2A) A recommendation under this section by a coroner to and for the decision of the chief executive that the holding of an inquest is unnecessary shall be in the approved form. (3) There shall be forwarded with each notification or recommendation under this section by a coroner to the chief executive the medical certificate or, as the case may be, the post-mortem certificate as to the cause of death

s 17 17 s 18 Coroners Act 1958 (if any), together with all reports in the coroner’s possession in connection with the death. (4) Nothing in this Act shall be read as relieving a coroner from the obligation of holding an inquest into the death where pursuant to any other Act the coroner is required to hold an inquest, or where under the provisions of this Act the Minister has directed that an inquest be held by the coroner. (5) Notwithstanding that the coroner or the chief executive has decided under this section that the holding of an inquest is unnecessary, the Minister may direct that an inquest be held and the coroner so directed shall forthwith comply with that direction and proceed to hold an inquest. PART 7—EXHUMATIONS 17 Exhumation (1) Where it appears to the Minister that there is grave suspicion that any person whose body has been buried has died in any of the circumstances specified in section 7(1), the Minister may order the exhumation of the body for the purpose of making a post-mortem or other examination or holding an inquest thereon, and for that purpose the coroner may with such assistants as the coroner may require enter and re-enter on or into any land, cemetery, or other place whatsoever and break open any grave or vault or other place and take and remove the body to some other place for such purposes and do such other things as may be necessary for that purpose including the use of force for doing any of these things. (2) In every such case it shall not be necessary to obtain any licence as required by the Cemetery Act 1865 , section 38. PART 8—POST-MORTEM EXAMINATIONS 18 Post-mortem examinations may be ordered (1) For the purpose of—

s 18 18 s 18 Coroners Act 1958 (a) an inquiry or inquest under this Act into the death of any person; or (b) in an appropriate case, determining whether a body is that of a child not born alive; a coroner may at any time, and if so directed by the Minister (who may give such a direction at any time) shall forthwith, by order in writing, require any medical practitioner to make a post-mortem examination of the body and to report the result thereof to the coroner in writing. (2) Without limiting the provisions of section 17 or of subsection (1) of this section, a coroner may order a post-mortem examination of the body of the deceased before the termination of the holding of an inquest into the death of the person in question, and whether a medical certificate as to the cause of death or a post-mortem examination of the body has been previously given or made or not. (3) The coroner may at any time and from time to time, and by direction of the Minister shall forthwith, by order in writing, whether included in an order for a post-mortem examination or not or without a post-mortem examination, require an analyst or pathologist or other qualified person to make a special examination by way of analysis, test or otherwise of any parts or contents of the body or of any other substance or thing and to report the result thereof to the coroner in writing. (4) Unless in the opinion of the coroner it is impracticable so to be made by another medical practitioner, a post-mortem or other examination shall not be made by a medical practitioner who to the knowledge of the coroner attended professionally the deceased person at or immediately prior to the deceased person’s death or during the deceased person’s last illness. (5) Any medical practitioner who attended professionally the deceased person at or immediately prior to the deceased person’s death or during the deceased person’s last illness may be present or be represented by a medical practitioner at the post-mortem examination but, unless the coroner is previously notified by the first named medical practitioner of the medical practitioner’s intention to exercise that right, neither the coroner nor any other person shall be obliged to notify that medical practitioner of the intention to hold such examination. (5A) Where a person states upon oath before the coroner that in the person’s belief the death of the deceased was caused partly or entirely by the improper or negligent treatment of a medical practitioner or other person, that medical practitioner or other person shall not be allowed to make or assist at any post-mortem examination made in relation to the

s 18 19 s 18 Coroners Act 1958 death, but such medical practitioner or other person shall have the right, if the medical practitioner or other person so desires, to be represented at such post-mortem examination. (6) The coroner may, if the coroner thinks it necessary, direct or request any medical practitioner who attended professionally the deceased person at or immediately prior to the deceased person’s death or during the deceased person’s last illness— (a) to attend the post-mortem examination; or (b) to submit to the coroner a report for the assistance of the person making the post-mortem examination; or to do both of these things. (6A) Every medical practitioner who attends a post-mortem examination or submits a report in compliance with a direction or request under subsection (6) shall be entitled to such allowance by way of remuneration and expenses as may be prescribed. (7) Upon application being made to the coroner the coroner may permit any person, other than a medical practitioner who attended professionally the deceased person at or immediately prior to the deceased person’s death or during the deceased person’s last illness, to be represented by a medical practitioner as an observer at any post-mortem examination. (8) When an order or a direction pursuant to the provisions of this section has been served upon any medical practitioner or other person to whom the same was directed, or has been left at his or her usual place of residence in sufficient time for the medical practitioner or other person to obey the same, and the medical practitioner or other person fails to obey the same, the medical practitioner or other person commits an offence against this Act unless at the hearing of the case the medical practitioner or other person shows to the satisfaction of the court a good and sufficient excuse for such failure. Maximum penalty—4 penalty units. (8A) In any proceedings under subsection (8), it shall be immaterial whether any tender or payment of any allowance by way of remuneration and expenses was made for the doing of the thing ordered or directed and in relation to which the proceedings were taken. (9) Where a coroner is empowered to order a post-mortem examination to be made and in the opinion of the coroner an external examination of the body is sufficient, the coroner may order accordingly.

s 19 20 s 19 Coroners Act 1958 (10) Every person (other than an officer of the Crown prohibited from receiving the same) who has made a post-mortem or other examination in compliance with a coroner’s order under this Act shall be entitled to be paid such allowance by way of remuneration and expenses as may be prescribed, unless the person has acted in pursuance of an agreement with Her Majesty to perform such examinations and make reports thereof, in which event the person is entitled to such allowance or allowances by way of remuneration and expenses as have been stipulated in the agreement. PART 9—REMOVAL AND DISPOSAL OF BODIES 19 Removal of bodies for post-mortem examination (1) For the purposes of this Act the coroner may give such directions as the coroner thinks fit, or if the Minister so directs shall give directions in accordance with the directions of the Minister, as to the removal of any dead body in respect of which the coroner has jurisdiction under this Act. (2) Where a coroner has ordered that a post-mortem examination of a dead body or other examination of or of any parts or contents of the body shall be made the coroner may issue a warrant authorising the police officer to whom it is directed or any other police officer to enter (by force if needful) any place and to search for, if necessary, and take and remove the body to the morgue or some other suitable place for the post-mortem or other examination. (2A) The police officer to whom the warrant is directed or any other police officer may, at any time of the day or night, with such assistants as the police officer deems necessary, enter and re-enter (by force if needful) on or into and search any land, house, building, premises, or other place whatsoever, and any aircraft, vehicle, or vessel, where the police officer has reasonable cause to suspect the body may be found and take and remove the body, according to the direction contained in the warrant, to the morgue or other suitable place for the post-mortem or other examination, and for any such purpose use force if necessary. (3) Any person who obstructs or hinders any police officer acting in the discharge of the police officer’s duty under this section, or who fails to comply with any direction given pursuant to subsection (1), or who does

s 20 21 s 21 Coroners Act 1958 any act to hinder or prevent any such direction being complied with commits an offence against this Act. Maximum penalty—20 penalty units or 6 months imprisonment. (4) Any person, other than a person authorised by the coroner, who removes or attempts to remove the body on which a post-mortem or other examination is ordered to be made before such post-mortem or other examination is in fact made and with intent to prevent or hinder the making of such post-mortem or other examination, commits an offence against this Act. Maximum penalty—20 penalty units or 6 months imprisonment. 20 Order for removal of bodies out of State Where the dead body of a person who has died outside the State is lying within the State, and the coroner is credibly informed that an inquest on the body is intended to be held in another State or a Territory, the coroner may make an order directing or authorising any person named or indicated in the order, to remove the body to the said State or Territory. 21 No burial without medical certificate, death certificate, or coroner’s order (1) No person (whether the undertaker or other person having charge of the funeral or removal or not) shall bury the body of any deceased person, or remove such a body outside the State, or otherwise dispose of such a body, or cause or permit or assist in any such things, unless and until the undertaker or other person having charge of the funeral or removal has in respect of that deceased person obtained prior to and is able to produce at the burial, removal, or other disposal either— (a) a certificate of cause of death signed by a medical practitioner (other than a certificate in connection with a post-mortem or other examination made under this Act); or (b) a certificate of the registrar-general or a district registrar or an assistant district registrar issued pursuant to the RegistrationofBirths, Deaths and Marriages Act 1962 , section 39; 5 or 5 Registration of Births, Deaths and Marriages Act 1962 , section 39 (Certificate of death)

s 21 22 s 21 Coroners Act 1958 (c) a coroner’s order for burial of the body or, according to the mode of disposal of the body, a coroner’s certificate for the cremation of the body; or (d) in an appropriate case, a coroner’s order under section 20. (1A) No person (whether the undertaker or other person having charge of the funeral or removal or not) shall bury the body of any child not born alive, or remove such a body outside the State, or otherwise dispose of such a body, or cause or permit or assist in any such things, unless and until the undertaker or other person having charge of the funeral or removal has in respect of that child not born alive obtained prior to and is able to produce at the burial, removal, or other disposal either— (a) a certificate that the child was not born alive signed by a medical practitioner, or a nurse registered as a midwifery nurse under the Nurses Act 1964 who was in attendance at the birth or who has examined the body of the child; or (b) a coroner’s order for burial of the body or, according to the mode of disposal of the body, a coroner’s certificate for the cremation of the body. (2) Every person who buries, removes outside the State, or otherwise disposes of the body of a deceased person, or the body of a child not born alive, or causes or permits or assists in any such things, without the undertaker or other person having charge of the funeral or removal having obtained prior to and being able to produce at the burial, removal, or other disposal a certificate or order as required by subsection (1) or (1A) shall immediately notify the police officer in charge of the police station nearest to the place of burial or other disposal or from which the body was removed for such burial, removal, or other disposal. (3) The provisions of this section shall extend to the burial or other disposal of a body at sea. (4) Every person who fails to comply with any provision of this section commits an offence against this Act. Maximum penalty—20 penalty units or 6 months imprisonment. (5) No person shall be convicted of an offence against subsection (4) if the person satisfies the court— (a) that a certificate or order as required by this section was, prior to the commission of the offence, issued, but that circumstances existed justifying the non-obtaining of prior to and the inability

s 22 23 s 22 Coroners Act 1958 to produce at the burial, removal, or other disposal such certificate or order or, if such undertaker or other person had so obtained the certificate or order, his or her inability to so produce the same; or (b) that no such certificate or order having been so issued, a coroner by reason of distance or other sufficient cause could not have been readily communicated with for the purpose of the issue of such a coroner’s order or certificate and that circumstances existed whereby it was necessary to bury or otherwise dispose of the body before the issue of the coroner’s order or certificate and, in the case of a body claimed to be that of a child not born alive, that the child was not born alive. (6) Any coroner, or any police officer, or any person authorised in that behalf by or under any Act, shall have power, at a time when any person is required by subsection (1) or (1A) to be able to produce a certificate or order, to require the production to the coroner, police officer or person by that person of such a certificate or order as under the subsection the case requires. (7) In the phrase ‘undertaker or other person having charge of the funeral’ wherever occurring in this section, the words ‘having charge of’ include the words ‘responsible for’ and the word ‘funeral’ includes the burial or other disposal of the dead body without a funeral. (8) The provisions of this section shall be in addition to and not in substitution for or in diminution or otherwise in derogation of the provisions of any other Act or of any other provision of this Act. 22 No cremation when post-mortem examination directed (1) Where the coroner by order in writing under the coroner’s hand has required a post-mortem or other examination of a dead body to be made, no person shall knowingly cremate or cause or permit or assist in the cremation of such body or knowingly attempt any such things before the post-mortem or other examination, as the case may be, is in fact made, and the coroner issues the coroner’s certificate for the cremation of such body. Maximum penalty—20 penalty units or 6 months imprisonment. (2) This section shall be in addition to and not in substitution for or in diminution of any other provision of this Act.

s 23 24 s 23A Coroners Act 1958 23 Orders for burial and certificates of cremation (1) A coroner, by writing under the coroner’s hand and in the approved form, may at any time order the burial of the body of any deceased person in respect of which the coroner has jurisdiction under this Act or order the burial of the body of any child not born alive. (1A) Such an order may authorise the removal of the body for burial outside the State. (2) A coroner, by writing under the coroner’s hand and in the approved form, may at any time issue a certificate authorising the cremation of the body of any deceased person in respect of which the coroner has jurisdiction under this Act or a certificate authorising the cremation of the body of any child not born alive. (2A) Such an order may authorise the removal of the body for cremation outside the State. (3) If a coroner has issued a burial order pursuant to subsection (1) before being informed that the body is to be cremated, the coroner shall (and is hereby authorised to) withdraw and cancel such burial order before issuing a certificate for the cremation of the body. (4) An order for burial or a certificate for the cremation of the body shall not be issued in the case of the body of any deceased person unless the coroner is sure that evidence of identification will be available at the inquest (if any) or, where such evidence will not be available, unless the coroner is satisfied that circumstances exist whereby it is necessary to bury the body. (5) This section does not limit or otherwise affect the other provisions of this Act about cremation. 23A Conditions of cremation (1) No human body after death shall be cremated unless a permission and certificate to cremate such body has been signed by a doctor other than the doctor who completed the medical certificate of the cause of death required for registration of the death under the RegistrationofBirths,Deaths and Marriages Act 1962 . (1A) Such permission and certificate shall be in the approved form. (2) A person authorised by subsection (1) to sign a permission and certificate to cremate a body shall in relation to signing or refusing to sign

s 23A 25 Coroners Act 1958 s 23A such a permission and certificate comply with the regulations but in no case shall the person sign such a permission and certificate until— (a) there has been furnished to the person— (i) a medical certificate of the cause of death required for registration of the death under the RegistrationofBirths,Deaths and Marriages Act 1962 ; or (ii) a coroner’s certificate for the cremation of the body; and (b) the person is satisfied, after adequate inquiry, that the body does not contain a cardiac pacemaker or a radioactive implant. (3) No cremation shall take place until the officer in charge of the crematorium shall have received both the signed permission and certificate and— (a) a medical certificate of the cause of death required for registration of the death under the Registration of Births, Deathsand Marriages Act 1962 ; or (b) a certificate, under the RegistrationofBirths,DeathsandMarriagesAct1962 , section 39, of the receipt of a medical certificate of the cause of death; or (c) the coroner’s certificate for the cremation of the body of the deceased. (3A) If the officer in charge of the crematorium cremates or permits the cremation of any human body before he or she shall have received all permissions and certificates required to be received by the officer under this section such officer shall be guilty of a misdemeanour. Maximum penalty—$1 000 or 2 years imprisonment. (4) The officer in charge of the crematorium shall file in and keep at the office at the crematorium all permissions and certificates required to be received by the officer under this section, and shall forthwith upon demand made by a person authorised in that behalf by the Minister produce any such document to such person. (4A) If the officer in charge of the crematorium fails to comply with any provision of this subsection the officer shall be guilty of an offence. Maximum penalty—$200. (4B) Subsection (4) applies so as not to require the officer in charge of any crematorium to keep at the office thereof any such permission or

s 23B 26 Coroners Act 1958 s 23C certificate after the expiration of 15 years from the date of the cremation to which it relates. (5) Subsection (2) may be complied with for the cremation of the body of a person who died outside Queensland if there is given to a person authorised by subsection (1) to sign a permission and certificate to create a body— (a) a medical certificate of the cause of death given by a person who appears to the officer in charge, after appropriate inquiry, to be a doctor who personally attended the deceased at the place where the death happened; or (b) a certificate given by a person who appears to the officer in charge, after appropriate inquiry, to be a coroner, or to hold a position equivalent to a coroner, at the place where the death happened. 23B Cremation after burial (1) The provisions of this Act relating to cremations shall not apply to the cremation of any human body which has already been buried for a period of not less than 1 year. (2) However, the Governor in Council may, and notwithstanding anything to the contrary contained in any Act or law or rule or process of law, make regulations providing for the exhumation and cremation of the remains of any human body which has been buried for a period of not less than 1 year. 23C Relatives etc. may object to cremation in cases where not directed by deceased person (1) It shall not be lawful, except as hereinafter mentioned, to cremate the body of any deceased person if the deceased person’s surviving spouse or any of the deceased person’s next of kin, whether under or above the age of 18 years, or the deceased person’s executors or any of them, shall object thereto. (2) However, in all cases where a deceased person shall have left an attested memorandum directing that his or her body shall be cremated, it shall be the duty of the deceased person’s executors or administrators to carry out the directions.

s 23D 27 Coroners Act 1958 s 23F (3) An application for a permission and certificate under section 5 shall be in the approved form. (4) Such application shall be made and signed by an executor or by the nearest surviving relative of the deceased or an agent of the executor or nearest surviving relative, or, if made by any other person, shall show a satisfactory reason why the application is not made by an executor or by the nearest surviving relative. 23D Interested persons not to give certificates If any person, knowing that he or she has any pecuniary interest in the death of any other person in terms of any policy of life insurance, or that he or she is entitled in expectancy of such death to any real or personal property, shall give or join in giving a certificate concerning the death of such person for the purposes of this Act, such firstmentioned person is guilty of a misdemeanour. Maximum penalty—3 years imprisonment. 23E Attorney-General may forbid cremation etc. (1) The Attorney-General or a coroner may in any case, when there shall appear to be reasonable cause for so doing, by signed order addressed to the person in charge of any crematorium, forbid the cremation of any human body after death specified in such writing, either absolutely or until the viscera or any other organs have been removed from such body and lodged in such manner and custody as he or she may require. (2) If any person in charge of any crematorium shall, in contravention of such order, cremate or permit the cremation of such body, the person is guilty of a misdemeanour. Maximum penalty for subsection (2)—$1 000 or 3 years imprisonment. 23F Duties of officer in charge of crematorium (1) The officer in charge of a crematorium must ensure the ashes remaining after each cremation carried out at the crematorium are dealt with in accordance with the reasonable written directions, in the approved form, of the applicant for permission to cremate that accompany the

s 24 28 s 24 Coroners Act 1958 permission and certificate to cremate, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. (2) However, if the person who is to take the ashes under a direction does not take the ashes within 28 days of the cremation, the officer in charge of the crematorium may dispose of the ashes by decent interment in a burial ground or land adjoining the crematorium and reserved for the burial of ashes remaining after a cremation. (3) The officer in charge of the crematorium must keep a register containing particulars, prescribed under a regulation, of each cremation at the crematorium. Maximum penalty—10 penalty units. PART 10—INQUESTS 24 Scope of inquest on death (1) Where an inquest into a death is held under this Act it shall be for the purpose of establishing so far as practicable— (a) the fact that a person has died; (b) the identity of the deceased person; (c) when, where, and how the death occurred; (d) the persons (if any) to be charged with murder, manslaughter, the offence of dangerous driving of a motor vehicle causing death as set forth in the Criminal Code, section 328A, or any offence set forth in the Criminal Code, section 311. (2) The coroner holding an inquest into a death shall also inquire of, and so far as practicable ascertain, the particulars for the time being required under the RegistrationofBirths,DeathsandMarriagesAct1962 , section 35, 6 to be contained in the certificate referred to in that section. 6 Registration of Births, Deaths and Marriages Act 1962 , section 35 (Certificate of holding of inquest of death)

s 25 29 s 27 Coroners Act 1958 25 Inquest to be before coroner alone All inquests shall be held before a coroner without a jury. 25A Places where, and days when, inquest may be held (1) Inquests shall, wherever possible and convenient, be held at courthouses, police stations, or other buildings the property of the Crown. (2) Nothing in subsection (1) shall prevent an inquest being held in any building or other place whatsoever. (3) An inquest may be commenced or held and any act may be performed by a coroner on any day which is a dies non juridicus if in the opinion of the coroner this is necessary or desirable. 26 Inquest where several deaths arise from 1 incident Where 2 or more persons have died in any of the circumstances specified in section 7(1) 7 and the deaths appear to have been caused by the same incident, the coroner may, if the coroner deems fit, and shall if the Minister so directs, hold the inquests into the deaths concurrently. 27 Inquest may be completed by a coroner other than coroner who commenced inquest (1) Where a coroner has commenced to hold any inquest and dies or is incapacitated by illness, absence, or other sufficient cause from continuing or completing the inquest, or where any inquest is adjourned from place to place, the inquest may be continued or completed by some other coroner who may act upon any evidence already given at the inquest in all respects as if it were given before the lastmentioned coroner. (2) However, where the inquest has been adjourned from place to place then the inquest shall not be completed except at the place where, or by the coroner by whom, the inquest was commenced or at the request of such lastmentioned coroner. 7 Section 7 (Inquiries by coroners)

s 28 30 s 29A Coroners Act 1958 28 View of body (1) Where under this Act a coroner inquires or holds an inquest into any death it shall not be necessary for the coroner to view the body in respect of which the inquiry or inquest is concerned. (1A) However, but subject to the provisions of sections 9 and 10, 8 if the coroner does not view the body no inquest shall be concluded unless the coroner is satisfied that the body in respect of which the inquest is being held has been viewed by some person giving evidence at the inquest. (2) For the purposes of this Act a view of the body shall include a view of such body, whether such view shall take place before burial, or whether such view shall take place by exhumation after burial. 29 Time and place of inquest (1) Where any inquest is to be held the coroner shall fix the time and place of the commencement of the inquest. (2) The coroner may notify or cause to be notified in such manner and at such time as the coroner sees fit any persons who, in the opinion of the coroner, have a sufficient interest in the subject or result of the inquest, of the holding of the inquest and of the time and place thereof. (3) Every person whose conduct is likely, in the opinion of the coroner, to be called in question, and in the case of an inquest into a death, also every medical practitioner who, to the knowledge of the coroner, attended professionally the deceased person at or immediately prior to the deceased person’s death or during the deceased person’s last illness or viewed or examined the body of the deceased person at or shortly after death, and also every person who has made a post-mortem or other examination in compliance with a coroner’s order under this Act of the body shall, unless in the opinion of the coroner it is impracticable so to do, be given reasonable notice in such manner as the coroner sees fit of the holding of the inquest and of the time and place of the commencement thereof. 29A Summons to witness (1) The coroner may, by writing under the coroner’s hand, summon any person whose evidence the coroner may deem it necessary to obtain, to 8 Sections 9 (Inquiry when body destroyed or irrecoverable) and 10 (Inquiries respecting missing persons)

s 29A 31 Coroners Act 1958 s 29A attend the inquest at a time and place mentioned in the summons, and then and there to give evidence and be examined and may further require the person to produce then and there at the inquest any books, documents, or other writings or any other thing whatever in the person’s custody or control which the person is required by the summons to produce. (2) If any person served with a summons to attend an inquest as a witness fails to attend the inquest in obedience to the person’s summons and no just excuse is offered for such failure the coroner may, on proof upon oath that the summons was duly served upon such person, issue a warrant for the person’s apprehension. (3) A warrant issued under subsection (2) shall authorise the apprehension of the witness and the witness being brought before the coroner holding the inquest, and the witness’s detention in custody for the purpose of securing the witness’s appearance at the inquest as required by this Act until the witness is released by order of the coroner. (4) A warrant issued under subsection (2) may be executed by any police officer, or by the person to whom it is addressed, and the person executing it shall have power to enter and re-enter (by force if needful) any land, house, building, premises, or other place whatsoever, and any aircraft, vehicle, or vessel for the purpose of executing it. (5) The issuing of any warrant or the apprehension and detention of any witness under this section shall not relieve the witness in question from any liability to be punished for the witness’s failure to attend at the inquest in obedience to the witness’s summons. (6) A witness in an inquest (whether or not the witness has already given evidence in that inquest) shall appear at the times and places to which the inquest is adjourned from time to time until the witness is released by the coroner from further attendance and every summons to a witness issued pursuant to subsection (1) shall without any authority other than this subsection be enlarged for the appearance of the witness at such times and places. (7) The provisions of the JusticesAct1886 relating to witnesses and warrants of apprehension on the nonappearance of witnesses and the punishment of witnesses who fail to appear in obedience to a summons or who refuse to answer questions shall, with and subject to all necessary adaptations, apply with respect to witnesses to whom this Act applies.

s 30 32 s 30A Coroners Act 1958 30 Court of record Each Coroner’s Court shall be a court of record. 30A Hearing in public (1) Subject to the provisions of subsections (2) and (3) the room or other place in which an inquest is held shall be open to all members of the public so far as the same can conveniently contain them. (2) If the coroner considers it desirable in the interests of public morality, the coroner may exclude all or any persons from the room or other place in which the coroner is holding the inquest during the whole or any part of the proceedings, or the coroner may make an order prohibiting the publication in any newspaper of all or any evidence given at the inquest (including the contents of any book, document, or other writing produced at the inquest), or the coroner may exercise that power of exclusion in addition to exercising that power of prohibition. (3) However, the coroner’s power of exclusion under subsection (2) shall not be exercised for the purpose of excluding from the room or other place in which the coroner is holding the inquest any counsel or solicitor appearing before the coroner or any representative of any newspaper. (4) The coroner may direct that any witness not yet heard at any inquest shall go and remain outside the place of hearing and out of hearing of the court until required to give evidence. (5) Without derogating from the provisions of subsections (1) to (3) where, upon the application of a relative or other person having, in the opinion of the coroner, a sufficient interest in the subject or result of an inquest into a death, it appears to the coroner at the commencement or in the course of that inquest that the circumstances are such that it is possible that death has been self-inflicted and that it is desirable so to do, the coroner may make an order prohibiting the publication in any newspaper of any report of any of the proceedings of the inquest unless and until the coroner otherwise orders. (6) Where the coroner holding an inquest into a death finds that the death was self-inflicted, no report or, according as to whether a report has been previously published, no further report of any of the proceedings of the inquest shall thereafter, without the authority of the coroner, be published in any newspaper. (7) However, the publication in any newspaper of the name, address, and occupation of the deceased person, the fact that an inquest has been held,

s 31 33 s 33 Coroners Act 1958 and the finding of the coroner shall not be an offence against subsection (5) or (6). 31 Appearances (1) At any inquest any person who, in the opinion of the coroner, has a sufficient interest in the subject or result of the inquest, may attend personally or by counsel or solicitor and may examine and cross-examine witnesses. (2) At any inquest the person assisting the coroner, whether a police officer or not, may examine and cross-examine witnesses. 32 Examination of witnesses (1) Unless the coroner holding the inquest otherwise determines, a witness shall be subjected firstly to examination by the police officer or other person assisting the coroner or the representative of the witness or by both according to the order as determined by the coroner, secondly to cross-examination by other representatives, then to cross-examination or, as the case requires, re-examination by the police officer or other person assisting the coroner, and lastly to re-examination by the witness’s representative (if any). (2) If there are several persons entitled to cross-examine witnesses, the order of cross-examination of witnesses shall be as determined by the coroner. (3) The coroner may examine any witness at any stage of the witness’s evidence. 33 Protection of witnesses and counsel (1) Subject to the provisions of this Act, every witness attending and giving evidence at any inquest and every counsel or solicitor appearing before a coroner holding any inquest shall have the same protection and immunities as witnesses and counsel or solicitor appearing before justices in any proceeding under the Justices Act. (2) Without limiting the generality of subsection (1) and except upon an inquiry under section 10, nothing contained in this Act shall render any person compellable to answer any question tending to incriminate himself or herself or, upon an inquest into a death, render a husband or wife

s 34 34 s 34 Coroners Act 1958 competent or compellable to answer any question tending to incriminate his or her spouse. 34 Admission of evidence (1) In any inquest the coroner may admit any evidence that the coroner thinks fit, whether or not the same is admissible in any other court, provided that no evidence shall be admitted by the coroner for the purposes of the inquest unless in the coroner’s opinion the evidence is necessary for the purpose of establishing or assisting to establish any of the matters within the scope of such inquest. (1A) In addition, but so that in every death inquest every medical witness may be asked to give evidence as to how in the medical witness’s opinion the deceased came to his or her death, no evidence as to opinion upon any matter which would not be admissible in evidence in a court exercising civil or criminal jurisdiction shall be admitted by the coroner unless the coroner is of the opinion that in the special circumstances of the case it is necessary or expedient so to do. (2) Without limiting the provisions of subsections (1) and (1A) nothing in this Act shall be taken to prevent in a death inquest any person who has made a post-mortem or other examination in compliance with a coroner’s order under this Act of the body of the deceased from giving evidence as to the person’s opinion upon any matter arising out of the examination, and as to how in the person’s opinion the deceased came to his or her death. (3) The coroner holding an inquest into a death shall, if the coroner’s opinion there is any reasonable doubt as to the cause of death and it is possible to obtain such testimony, take the testimony of a medical practitioner thereon. (4) Without derogating from any other provision of this Act, any person who has or who alleges or has alleged that the person has knowledge or information concerning any matter or thing relevant to an inquiry under section 10, or who the coroner has reason to believe has, or is alleging or has alleged that the person has such knowledge or information, shall be a competent and compellable witness at such an inquiry both as to such knowledge or information and as to the sources from which the person obtained same.

s 35 35 s 36 Coroners Act 1958 (5) A statement or disclosure made by any witness at an inquiry under section 10 9 in answer to any question put to the witness by or before the coroner shall not (except in proceedings in respect of contempt of a Coroner’s Court or of an offence against the Criminal Code, sections 123 and 126to130 10 respectively) be admissible in evidence against the witness in any civil or criminal proceedings. 35 Coroner to examine witnesses on oath (1) At every inquest the coroner shall, unless in the coroner’s opinion the matter is already established, examine or have examined on oath (whether or not they have already given any evidence in the inquest) all persons who tender their evidence respecting any of the matters within the scope of the inquest and all other persons whom the coroner thinks it expedient to examine or have examined, but the admissibility of their evidence shall be subject to the provisions of section 34. 11 (1A) The provisions of the OathsAct1867 , with and subject to all necessary adaptations shall apply to each and every oath administered under this Act. 35A Depositions At every inquest the coroner shall put or cause to be put into writing the evidence admitted by the coroner and the depositions of each witness giving evidence at the inquest shall be read over to and signed by the witness and also by the coroner. 36 Adjournments (1) A coroner may adjourn the inquest from place to place and, whether or not the inquest is adjourned from place to place, from time to time and adjourn to a certain time or to a time to be fixed. 9 Section 10 (Inquiries respecting missing persons) 10 Criminal Code, sections 123 (Perjury), 126 (Fabricating evidence), 127 (Corruption of witnesses), 128 (Deceiving witnesses), 129 (Destroying evidence) and 130 (Preventing witnesses from attending) 11 Section 34 (Admission of evidence)

s 37 36 s 38 Coroners Act 1958 (1A) However, where an inquest is adjourned to a place where another coroner usually officiates then the inquest shall be adjourned to a time to be fixed. (1B) The provisions of section 29 12 shall, with and subject to all necessary adaptations, extend to an inquest adjourned to a time to be fixed. (2) Where a coroner has fixed a time and place for the holding of an adjourned inquest that coroner or any other coroner holding the adjourned inquest, may, at any time before the time so fixed alter the time or place fixed, or both such time and place, and in that event shall notify or cause to be notified the alteration to the witnesses whose attendance is required and persons appearing in person or represented at the inquest. 37 View of the locus (1) For the purposes of any inquest or inquiry under this Act a coroner, or a person authorised in writing in that behalf by the coroner, with such assistants as the coroner or person may require, may enter upon and inspect any land, house, building, premises, or other place whatsoever, and any aircraft, vehicle, or vessel, and inspect thereon or therein any goods and other things, the entry upon or inspection of which appears to the coroner or person to be requisite. (2) Every person who wilfully impedes, obstructs or delays a coroner or any person authorised by a coroner or any person acting under and in accordance with the directions of or assisting a coroner or person so authorised in the exercise of his or her powers under this section, or under any other provision of this Act, commits an offence against this Act. Maximum penalty—8 penalty units or 6 months imprisonment. 38 Penalty on witnesses neglecting to attend (1) Where any person who has been summoned to attend as a witness at any inquest fails to appear at the time and place mentioned in the summons, and no just excuse is offered for such failure, then (after proof upon oath that the summons was duly served upon such person) the coroner may then and there impose on such person in the person’s absence a penalty not exceeding 2 penalty units. 12 Section 29 (Time and place of inquest)

s 38A 37 Coroners Act 1958 s 39 (1A) The coroner may also issue the coroner’s warrant as hereinbefore provided to bring and have such person, at the time and place to be therein mentioned, before the coroner to give evidence and be examined. (1B) A penalty imposed under subsection (1) on a person in the person’s absence shall not be enforced if, at any time within 7 days (or such longer time as the coroner may allow) after the imposition thereof, that person offers to the satisfaction of the coroner a just excuse for the person’s failure. 38A Witness not answering (1) If on the appearance of a person before a coroner at any inquest, either voluntarily or in obedience to a summons or upon being brought before such coroner by virtue of a warrant, such person— (a) being called to give evidence, refuses without just excuse to be sworn as a witness, or to give evidence, or to answer any question put to the person by the coroner or allowed by the coroner to be put to the person; or (b) (having been served with a summons requiring the person to produce at the inquest any books, documents, or other writings, or any other thing) fails without just excuse to so produce those books, documents, or other writings, or that other thing, as the case may be, at the time and place mentioned in the summons for such production; the coroner may impose on such person a penalty not exceeding 2 penalty units. (2) No summons need be issued against any such offender, nor need any evidence be taken on oath, but the offender may be taken into custody then and there by a police officer by order of the coroner, and called upon to show cause why the offender should not be punished. (3) The coroner may also with or without imposing a penalty by warrant commit the person so refusing or failing to prison, there to remain and be imprisoned for any time not exceeding 14 days, unless in the meantime the person consents to give evidence or to answer or, as the case may be, to produce the books, documents, or other writings, or other thing in question. 39 Further offences (1) Every person who—

s 40 38 s 41 Coroners Act 1958 (a) wilfully insults a coroner while holding an inquest; or (b) misbehaves himself or herself before a coroner holding an inquest; or (c) wilfully interrupts the proceedings of an inquest; or (d) unlawfully obstructs or assaults any person in attendance at an inquest; or (e) refuses or neglects to obey any lawful order or direction of the coroner at any inquest; may be excluded from the room or other place in which the coroner is holding the inquest by order of the coroner, and may, whether the person is so excluded or not, be summarily punished by the coroner, and shall be liable to a penalty not exceeding 2 penalty units. (2) No summons need be issued against any such offender, nor need any evidence be taken on oath, but the offender may be taken into custody then and there by a police officer by order of the coroner, and called upon to show cause why the offender should not be punished. 40 Addresses (1) At any inquest except in cases wherein committal for trial is involved, no person shall be permitted to address the coroner upon the facts; a person may, however, address the coroner upon points of law applicable to the case. (2) Where there are several persons entitled to address the coroner, and no committal for trial is involved, the order of address shall be as determined by the coroner. 41 Committal for trial (1) If in the opinion of the coroner holding any inquest the evidence taken at the inquest is sufficient to put a person upon the person’s trial— (a) where a death has occurred—for murder, manslaughter, the offence of dangerous driving of a motor vehicle causing death as

s 41 39 s 41 Coroners Act 1958 set forth in the Criminal Code, section 328A, 13 or any offence set forth in the Criminal Code, section 311; 14 or (b) where a fire has occurred—for any offence punishable on indictment in connection with the fire; or (c) in the case of an inquiry under section 10 15 —for any offence punishable on indictment in connection with the disappearance of the missing person; the coroner may order that person to be committed to take the person’s trial for the offence before some court of competent jurisdiction and may issue the coroner’s warrant for the apprehension and commitment of that person if no such warrant has already been executed. (1A) However, whenever it can be done the evidence shall be given and all proceedings incidental to the committal for trial shall be taken in the presence of the person so committed. (2) A coroner who commits a person for trial shall have the like powers, authorities, functions and duties in relation thereto as are had by justices if the committal were by justices and the relevant provisions of the Justices Act1886 and the BailAct1980 shall, with and subject to all necessary adaptations, apply and extend accordingly. (3) Any person who is committed for trial by a coroner under this Act shall be entitled to have on demand from the person who has the lawful custody thereof a copy of the depositions of the witnesses giving evidence at the inquest concerned and a copy of the coroner’s inquisition, and the provisions of the Criminal Code, section 705 16 shall, with and subject to all necessary adaptations, apply accordingly. (4) On the trial for any indictable offence whatsoever of any person all or any of the depositions taken before a coroner shall be admissible and may be used in evidence in the like manner and to the same extent (including subject to the same conditions) as are depositions taken at the examination of witnesses by justices upon a charge of an indictable offence and the provisions of the Justices Act, particularly section 111 17 of that Act 13 Criminal Code, section 328A (Dangerous operation of a vehicle) 14 Criminal Code, section 311 (Aiding suicide) 15 Section 10 (Inquiries respecting missing persons) 16 CriminalCode, section 705 (Copies of depositions to be allowed to persons committed for trial) 17 Justices Act 1886 , section 111 (Depositions of persons dead, absent etc.)

s 59A 51 Coroners Act 1958 s 59AA (b) any person (other than a person who is under this Act committed for trial or sentence by the coroner holding the inquest in question) to be supplied with a copy of the coroner’s inquisition. 59A Copies of reports on post-mortem and other examinations (1) Where a report has been made to a coroner pursuant to section 18 as the result of a post-mortem examination or a special examination made by an analyst or pathologist or other qualified person, the coroner or other person having custody of any report so made may, upon the written application of a relative or any other person having, in the opinion of the coroner or other person having custody of the report, a sufficient interest in the cause of death and upon payment of the prescribed fee, furnish to the applicant a copy of the report. (2) Liability at law shall not attach to the Crown or any person by reason of the publication of a report under subsection (1). (3) In this section— “relative” means the husband, wife, mother, father, sister, brother, daughter or son of the deceased or any other person who stood in loco parentis to the deceased, or to whom the deceased stood in loco parentis. 59AA National coronial database (1) The Minister may, for the State, enter into an arrangement with a government or non-government entity responsible for maintaining a database about coronial inquiries and investigations for the inclusion in the database of stated information obtained under this Act ( “relevant information” ). (2) The Minister may enter into the arrangement only if satisfied— (a) the entity has a legitimate interest in storing relevant information in the database; and (b) the entity will make relevant information available only to persons with a legitimate interest in obtaining it; and (c) the conditions for making relevant information available to database users are reasonable. (3) The Minister may delegate the Minister’s powers under this section to the chief executive.

s 59B 52 Coroners Act 1958 s 60 (4) For this section, each coroner must give the chief executive the reports and other information the chief executive reasonably requires. 59B Approval of forms The Minister may approve forms for use under this Act. 59C Regulation-making power The Governor in Council may make regulations under this Act. 60 Rule making power (1) The Governor in Council may make rules 20 under this Act. (2) A rule may make provision— (a) prescribing and regulating the powers and duties of coroners; requiring in such cases as may be so prescribed, a coroner, before officiating, to take and subscribe the oath or oaths specified; prescribing any matters in relation thereto; prohibiting any coroners appointed under this Act from holding any inquests in cases where such circumstances as so prescribed apply; (b) regulating the practice and procedure at, or preliminary or incidental to all or any inquests (including the prescribing of any matters relating to orders made under this Act by coroners and the custody of records); (c) prescribing allowances to persons attending any inquest as witnesses or interpreters and so that different allowances may be so prescribed for different persons or classes of persons or for different parts of the State; (e) providing for, regulating and controlling in all or any cases all or any matters or things in relation to the making of post-mortem and other examinations, including but without limit to the generality hereof the duties of persons making the examinations, the nature and extent of the examinations, the persons permitted to be present thereat, the custody and disposal of material 20 Rules are subordinate legislation (see the Statutory Instruments Act 1992 , sections 7, 8(a) and 9(1)(a)).

s 61 53 s 61A Coroners Act 1958 considered to have a bearing on the cause of death, and the furnishing of reports to the coroner; (f) prescribing the allowances to medical practitioners, analysts, pathologists and other persons making any post-mortem or other examination under this Act and so that different allowances may be so prescribed for different persons or classes of persons or in relation to different examinations or for different parts of the State. PART 18—TRANSITIONAL 61 References to earlier Acts In an Act or document, a reference to any of the following Acts may, if the context permits, be taken to be a reference to this Act— • Coroners Act 1930 • Inquests of Death Act 1893 • Inquests of Deaths Act 1866 • Inquests on Fires Act 1863 . 61A References to Cremation Act In an Act or document, a reference to the Cremation Act 1913 may, if the context permits, be taken to be a reference to this Act.

54 Coroners Act 1958 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59 8 List of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .64 9 Provisions that have not commenced and are not incorporated into reprint . . . . . .66 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 16 August 2002. Future amendments of the Coroners Act 1958 may be made in accordance with this reprint under the Reprints Act 1992, section 49.

55 Coroners Act 1958 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present Key prev (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SIR SL sub unnum Explanation = previous = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 1992 = subordinate legislation = substituted = unnumbered 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. 1 2 2A 3 3A 3B 3C 3D Amendments included to Act No. 48 of 1992 to Act No. 58 of 1995 to Act No. 79 of 1996 to Act No. 46 of 1998 to Act No. 42 of 1999 to Act No. 63 of 2000 to Act No. 7 of 2001 to Act No. 7 of 2001 Reprint date 17 June 1994 15 December 1995 31 January 1997 5 March 1999 4 January 2000 23 March 2001 25 January 2002 8 March 2002

56 Coroners Act 1958 5 Tables in earlier reprints TABLES IN EARLIER REPRINTS Name of table Changed citations and remade laws Changed names and titles Comparative legislation Corrected minor errors Obsolete and redundant provisions Renumbered provisions Reprint No. 1, 2 1 1 1, 2 1, 2 1 6 List of legislation Coroners Act 1958 7 Eliz 2 No. 32 date of assent 30 October 1958 commenced on date of assent Note— This Act contains provisions that were relocated to this Act from the Cremation Act 1913. A list of legislation for the relocated provisions appears below. amending legislation— Registration of Births, Deaths and Marriages Act and Another Act Amendment Act 1967 No. 11 pt 3 date of assent 5 April 1967 commenced 1 October 1967 (proc pubd gaz 2 September 1967 p 41) Coroners Act Amendment Act 1972 No. 16 date of assent 15 December 1972 commenced 1 March 1973 (proc pubd gaz 24 February 1973 p 821) Coroners Act Amendment Act 1976 No. 17 date of assent 15 April 1976 commenced on date of assent Coroners Act and Another Act Amendment Act 1977 No. 49 pt 2 date of assent 6 October 1977 commenced on date of assent Bail Act 1980 No. 35 s 4(1) sch 1 date of assent 14 May 1980 commenced 1 July 1980 (proc pubd gaz 28 June 1980 p 1634) Bail Act Amendment Act 1982 No. 56 s 13 date of assent 3 December 1982 commenced 18 April 1983 (proc pubd gaz 9 April 1983 p 1689)

57 Coroners Act 1958 Corrective Services (Consequential Amendments) Act 1988 No. 88 s 3 sch 1 (this Act is amended, see amending legislation below) date of assent 1 December 1988 commenced 15 December 1988 (see s 2(2) and o in c pubd gaz 10 December 1988 p 1675) amending legislation— Statute Law (Miscellaneous Provisions) Act 1989 No. 103 s 3 sch (amends 1988 No. 88 above) date of assent 25 October 1989 commenced on date of assent Public Service (Administrative Arrangements) Act (No. 2) 1990 No. 80 s 3 sch 6 date of assent 14 November 1990 commenced 7 December 1989 (see s 2(4)(b)) Penalties and Sentences Act 1992 No. 48 ss 1–2, 207 sch date of assent 24 November 1992 ss 1–2 commenced on date of assent remaining provisions commenced 27 November 1992 (1992 SL No. 377) Statute Law (Miscellaneous Provisions) Act (No. 2) 1994 No. 87 ss 1–3 sch 2 date of assent 1 December 1994 commenced on date of assent Statute Law Revision Act (No. 2) 1995 No. 58 ss 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent Public Service Act 1996 No. 37 ss 1–2, 147 sch 2 date of assent 22 October 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 1996 (1996 SL No. 361) Consumer Law and Other Justice Legislation (Miscellaneous Provisions) Act 1996 No. 56 pts 1, 9 date of assent 20 November 1996 commenced on date of assent Justice Legislation (Miscellaneous Provisions) Act 1996 No. 79 pts 1, 3, 5 date of assent 12 December 1996 ss 1–2 commenced on date of assent remaining provisions commenced 30 November 1998 (automatic commencement under AIA s 15DA(2)) (1997 SL No. 392 s 2(2) as amd 1997 SL No. 430 s 3) List of legislation to Cremation Act 1913 4 Geo 5 No. 16 ss 5–8A—before relocation to Coroners Act 1958 as pt 9 ss 23A–23F (see 1996 No. 79 s 20) Cremation Act 1913 4 Geo 5 No. 16 date of assent 14 November 1913 commenced on date of assent

58 Coroners Act 1958 amending legislation— Cremation Act Amendment Act 1935 26 Geo 5 No. 28 date of assent 10 December 1935 commenced 18 December 1935 (proc pubd gaz 14 December 1935 p 1864) Coroners Act 1958 7 Eliz 2 No. 32 date of assent 30 October 1958 commenced 23 March 1959 (proc pubd gaz 14 March 1959 p 1581) Cremation Acts Amendment Act 1961 10 Eliz 2 No. 37 date of assent 11 December 1961 commenced 3 February 1962 (proc pubd gaz 3 February 1962 p 389) Age of Majority Act 1974 No. 57 date of assent 27 September 1974 commenced 1 March 1975 (proc pubd gaz 16 November 1974 p 1083) Cremation Act Amendment Act 1978 No. 39 date of assent 8 June 1978 commenced on date of assent Corrective Services (Consequential Amendments) Act 1988 No. 88 s 3 sch 1 date of assent 1 December 1988 commenced 15 December 1988 (see s 2(2) and order pubd gaz 10 December 1988 p 1675) Justice Legislation (Miscellaneous Provisions) Act 1996 No. 79 pts 1, 5 (this Act is amended, see amending legislation below) date of assent 12 December 1996 ss 1–2 commenced on date of assent remaining provisions commenced 30 November 1998 (automatic commencement under AIA s 15DA(2)) (1997 SL No. 392 s 2(2) as amd 1997 SL No. 430 s 3) amending legislation— Justice and Other Legislation (Miscellaneous Provisions) Act 1997 No. 9 ss 1–2(1) pt 2 (amends 1996 No. 79 above) date of assent 15 May 1997 commenced on date of assent List of legislation to Coroners Act 1958—after relocation of Cremation Act 1958 4 Geo 5 No. 16 ss 5–8A Supreme Court of Queensland Act and Another Act Amendment Act 1998 No. 46 pts 1–2 date of assent 27 November 1998 commenced on date of assent Explosives Act 1999 No. 15 ss 1–2, 137 sch 1 date of assent 22 April 1999 ss 1–2 commenced on date of assent remaining provisions commenced 11 June 1999 (1999 SL No. 108)

59 Coroners Act 1958 Coal Mining Safety and Health Act 1999 No. 39 ss 1–2, 299 sch 1 date of assent 2 September 1999 ss 1–2 commenced on date of assent remaining provisions commenced 16 March 2001 (2001 SL No. 14) (proposed commencement 2 September 2001 (automatic commencement under AIA s 15DA(2) (2000 SL No. 226 s 2))) Mining and Quarrying Safety and Health Act 1999 No. 40 ss 1–2, 274 sch 1 date of assent 2 September 1999 ss 1–2 commenced on date of assent remaining provisions commenced 16 March 2001 (2001 SL No. 16) (proposed commencement 2 September 2001 (automatic commencement under AIA s 15DA(2) (2000 SL No. 226 s 2))) Road Transport Reform Act 1999 No. 42 ss 1–2(1), 54(3) sch pt 3 date of assent 2 September 1999 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 1999 (see s 2(1)) Corrective Services Act 2000 No. 63 ss 1, 2(2), 276 sch 2 date of assent 24 November 2000 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2001 (2001 SL No. 88) (remaining provisions were to commence 2 April 2001 but the commencing proclamation (2000 SL No. 335) was repealed (2001 SL No. 23)) Medical Practitioners Registration Act 2001 No. 7 ss 1–2, 302 sch 2 date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 March 2002 (2002 SL No. 30) Justice and Other Legislation (Miscellaneous Provisions) Act 2002 No. 34 ss 1–2(1), pt 3 date of assent 16 August 2002 s 8 not yet proclaimed into force (see s 2(1)) remaining provisions commenced on date of assent 7 List of annotations Title amd 1996 No. 79 s 6 PART 1—PRELIMINARY pt hdg sub 1995 No. 58 s 4 sch 1 Short title s 1 amd 1995 No. 58 s 4 sch 1 Severability s 2 om R1 (see RA s 39) Repeal and Savings (Schedule) s 3 om R1 (see RA s 39)

60 Coroners Act 1958 Savings s4 amd 1995 No. 58 s 4 sch 1; 1999 No. 15 s 137 sch 1; 1999 No. 39 s 299 sch 1; 1999 No. 40 s 274 sch 1; 1999 No. 42 s 54(3) sch pt 3 Definitions prov hdg sub 1995 No. 58 s 4 sch 1 s 5 def “approved form” ins 1995 No. 58 s 4 sch 1 def “child not born alive” ins 1967 No. 11 s 11(a) def “Director-General” ins 1990 No. 80 s 3 sch 6 om R1 (see RA s 39) def “inquest” amd 1977 No. 49 s 4 def “medical practitioner” sub 1976 No. 17 s 2; 2001 No. 7 s 302 sch 2 def “Minister” sub 1990 No. 80 s 3 sch 6 om R1 (see RA s 39) def “prison” amd 1990 No. 80 s 3 sch 6 sub 1995 No. 58 s 4 sch 1 amd 2000 No. 63 s 276 sch 2 def “Still-born child” om 1967 No. 11 s 11(b) def “Under Secretary” om 1990 No. 80 s 3 sch 6 Coroners and deputy coroners prov hdg sub 1995 No. 58 s 4 sch 1 s 6 amd 1990 No. 80 s 3 sch 6; 1995 No. 58 s 4 sch 1; 1996 No. 37 s 147 sch 2 PART 2—FUNCTIONS AND POWERS OF CORONERS pt hdg sub 1995 No. 58 s 4 sch 1 Inquiries by coroners s 7 amd 1977 No. 49 s 5; 1988 No. 88 s 3 sch 1; 1990 No. 80 s 3 sch 6; 1992 No. 48 s 207 sch; 1995 No. 58 s 4 sch 1 Extent of jurisdiction s 7A new s 7A (prev s 7(3)) renum 1995 No. 58 s 4 sch 1 Inquests on death s 7B new s 7B (prev s 7(4)–(9)) renum 1995 No. 58 s 4 sch 1 Inquests into fires s 8 amd 1972 No. 16 s 5 sch Inquiry when body destroyed or irrecoverable s 9 sub 1977 No. 49 s 6 amd 1990 No. 80 s 3 sch 6 Inquiries respecting missing persons s 10 amd 1977 No. 49 s 7 PART 3—MEDICAL CERTIFICATES pt hdg sub 1995 No. 58 s 4 sch 1 Medical certificates s 11 amd 1972 No. 16 s 5 sch; 1977 No. 49 s 8; 1994 No. 87 s 3 sch 2; 1995 No. 58 s 4 sch 1

61 Coroners Act 1958 PART 4—NOTIFICATION OF DEATHS pt hdg sub 1995 No. 58 s 4 sch 1 Duty to notify discovery of dead body s 12 amd 1972 No. 16 s 5 sch; 1977 No. 49 s 9; 1995 No. 58 s 4 sch 1 Medical practitioner to notify coroner s 13 amd 1972 No. 16 s 5 sch; 1995 No. 58 s 4 sch 1 PART 5—DUTY OF CORONER ON NOTIFICATION pt hdg sub 1995 No. 58 s 4 sch 1 Any coroner may act s 14A new s 14A (prev s 14(2)) renum 1995 No. 58 s 4 sch 1 Minister may direct coroner to act s 14B new s 14B (prev s 14(3)) renum 1995 No. 58 s 4 sch 1 PART 6—WHERE NO INQUESTS ARE HELD pt hdg sub 1995 No. 58 s 4 sch 1 Fact of no inquest within 12 months to be reported s 15 amd 1990 No. 80 s 3 sch 6 Inquest need not be held in certain circumstances s 16 amd 1990 No. 80 s 3 sch 6; 1995 No. 58 s 4 sch 1 PART 7—EXHUMATIONS pt hdg sub 1995 No. 58 s 4 sch 1 PART 8—POST-MORTEM EXAMINATIONS pt hdg sub 1995 No. 58 s 4 sch 1 Post-mortem examinations may be ordered s 18 amd 1967 No. 11 s 12; 1972 No. 16 s 5 sch; 1995 No. 58 s 4 sch 1 PART 9—REMOVAL AND DISPOSAL OF BODIES pt hdg sub 1995 No. 58 s 4 sch 1 Removal of bodies for post-mortem examination s 19 amd 1972 No. 16 s 5 sch; 1995 No. 58 s 4 sch 1 No burial without medical certificate, death certificate, or coroner’s order s 21 amd 1967 No. 11 s 13; 1972 No. 16 s 5 sch; 1995 No. 58 s 4 sch 1 No cremation when post-mortem examination directed s 22 amd 1972 No. 16 s 5 sch; 1995 No. 58 s 4 sch 1; 2002 No. 34 s 6 Orders for burial and certificates of cremation prov hdg sub 1995 No. 58 s 4 sch 1 s 23 amd 1967 No. 11 s 14; 1995 No. 58 s 4 sch 1; 2002 No. 34 s 7 Conditions of cremation s 23A (prev 1913 4 Geo 5 No. 16 s 5) reloc 1996 No. 79 s 20

62 Coroners Act 1958 Cremation after burial s 23B (prev 1913 4 Geo 5 No. 16 s 5A) reloc 1996 No. 79 s 20 Relatives etc. may object to cremation in cases where not directed by deceased person s 23C (prev 1913 4 Geo 5 No. 16 s 6) reloc 1996 No. 79 s 20 Interested persons not to certificates s 23D (prev 1913 4 Geo 5 No. 16 s 7) reloc 1996 No. 79 s 20 Attorney-General may forbid cremation etc. s 23E (prev 1913 4 Geo 5 No. 16 s 8) reloc 1996 No. 79 s 20 Duties of officer in charge of crematorium s 23F (prev 1913 4 Geo 5 No. 16 s 8A) reloc 1996 No. 79 s 20 When particular provisions do not apply after post-mortem s 23G ins 2002 No. 34 s 8 PART 10—INQUESTS pt hdg sub 1995 No. 58 s 4 sch 1 Scope of inquest on death s 24 amd 1967 No. 11 s 15; 1976 No. 17 s 3 Inquest to be before coroner alone s 25 amd 1995 No. 58 s 4 sch 1 Places where, and days when, inquest may be held s 25A new s 25A (prev s 25(2)–(3)) renum 1995 No. 58 s 4 sch Time and place of inquest s 29 amd 1980 No. 35 s 4(1) sch 1; 1982 No. 56 s 13; 1995 No. 58 s 4 sch 1 Summons to witness s 29A new s 29A (prev s 29(4)–(6)) renum 1995 No. 58 s 4 sch Court of record s 30 amd 1995 No. 58 s 4 sch 1 Hearing in public s 30A new s 30A (prev s 30(2)–(6)) renum 1995 No. 58 s 4 sch 1 Protection of witnesses and counsel s 33 amd 1995 No. 58 s 4 sch 1 Coroner to examine witnesses on oath s 35 amd 1976 No. 17 s 4 Depositions s 35A new s 35A (prev s 35(2)) renum 1995 No. 58 s 4 sch 1

63 Coroners Act 1958 View of the locus s 37 amd 1972 No. 16 s 5 sch; 1995 No. 58 s 4 sch 1 Penalty on witnesses neglecting to attend s 38 amd 1972 No. 16 s 5 sch; 1995 No. 58 s 4 sch 1 Witness not answering s 38A new s 38A (prev s 38(2)–(4)) renum 1995 No. 58 s 4 sch 1 amd 2000 No. 63 s 276 sch 2 Further offences s 39 amd 1972 No. 16 s 5 sch Committal for trial s 41 amd 1976 No. 17 s 5; 1980 No. 35 s 4(1) sch 1; 1982 No. 56 s 13; 1995 No. 58 s 4 sch 1 Procedure where person charged with offence s 42 amd 1990 No. 80 s 3 sch 6 PART 11—FINDINGS AND INQUISITIONS pt hdg sub 1995 No. 58 s 4 sch 1 Inquisitions s 44 amd 1995 No. 58 s 4 sch 1 PART 12—DEPOSITIONS TO BE SENT TO CHIEF EXECUTIVE pt hdg amd 1990 No. 80 s 3 sch 6 sub 1995 No. 58 s 4 sch 1 Coroner to forward depositions to chief executive prov hdg amd 1990 No. 80 s 3 sch 6 s 45 amd 1980 No. 35 s 4(1) sch 1; 1990 No. 80 s 3 sch 6 PART 13—VERDICTS FELO-DE-SE pt hdg sub 1995 No. 58 s 4 sch 1 PART 14—REPOENING OF INQUESTS pt hdg sub 1995 No. 58 s 4 sch 1 Inquests may be reopened s 47 amd 1977 No. 49 s 10; 1990 No. 80 s 3 sch 6 PART 15—GENERAL POWERS OF CORONER pt hdg sub 1995 No. 58 s 4 sch 1 PART 16—EXHIBITS pt hdg sub 1995 No. 58 s 4 sch 1 Custody of exhibits s 49 amd 1990 No. 80 s 3 sch 6 PART 17—MISCELLANEOUS pt hdg sub 1995 No. 58 s 4 sch 1 Penalty for unlawful publication of proceedings s 52 amd 1972 No. 19 s 5 sch; 1995 No. 58 s 4 sch 1

64 Coroners Act 1958 Penalty for taking or publishing photographs at inquests s 52A ins 1976 No. 17 s 6; 1995 No. 58 s 4 sch 1 Summary proceedings s 53 amd 1972 No. 16 s 5 sch; 1995 No. 58 s 4 sch 1 Service of summons and execution of warrant s 55 amd 1976 No. 17 s 7 Register of deaths s 58 amd 1995 No. 58 s 4 sch 1 Copies of depositions s 59 amd 1972 No. 16 s 3; 1990 No. 80 s 3 sch 6; 1996 No. 56 s 112 Copies of reports on post-mortem and other examinations s 59A ins 1972 No. 16 s 4 National coronial database s 59AA ins 2002 No. 34 s 9 Approval of forms s 59B ins 1995 No. 58 s 4 sch 1 Regulation-making power s 59C ins 1996 No. 79 s 7 Rule making power prov hdg sub 1995 No. 58 s 4 sch 1 s 60 amd 1995 No. 58 s 4 sch 1 PART 18—TRANSITIONAL pt hdg ins 1995 No. 58 s 4 sch 1 References to earlier Acts s 61 ins 1995 No. 58 s 4 sch 1 References to Cremation Act s 61A ins 1996 No. 79 s 8 Transitional declaration—deaths before 1 December 1998 s 62 prev s 62 ins 1995 No. 58 s 4 sch 1 exp 28 May 1996 (see s 62(3)) pres s 62 ins 1998 No. 46 s 3 exp 31 March 1999 (see s 62(4)) SCHEDULE 2 om R1 (see RA s 40) 8 List of forms Form 1 Version 1—Appointment of Deputy Coroner pubd gaz 11 October 1996 p 536

65 Coroners Act 1958 Form 2 Version 1—Revocation of Appointment of Deputy Coroner pubd gaz 11 October 1996 p 536 Form 3 Version 1—Form of Oath or Declaration of Office of Coroners pubd gaz 11 October 1996 p 536 Form 4 Version 1—Report concerning death by member of the Police Service pubd gaz 11 October 1996 p 536 Form 5 Version 1—Coroners Decision/Recommendation and Notification that the holding of an Inquest is unnecessary pubd gaz 11 October 1996 p 536 Form 6 Version 1—Decision and Notification by the Director-General of the Department of Justice that the holding of an Inquest is unnecessary pubd gaz 11 October 1996 p 536 Form 7 Version 1—Order to Exhume pubd gaz 11 October 1996 p 536 Form 8 Version 1—Order for Post-Mortem Examination pubd gaz 11 October 1996 p 536 Form 9 Version 1—Post-Mortem Examination Report pubd gaz 11 October 1996 p 536 Form 10 Version 1—Warrant to search for and remove body pubd gaz 11 October 1996 p 536 Form 11 Version 1—Order Directing (Authorising) removal of body outside the State pubd gaz 11 October 1996 p 536 Form 12 Version 1—Coroner’s Order for Burial pubd gaz 11 October 1996 p 536 Form 13 Version 1—Coroner’s Certificate for Cremation pubd gaz 11 October 1996 p 536 Form 14 Version 1—Summons to Witness pubd gaz 11 October 1996 p 536 Form 15 Version 1—Warrant where Witness fails to attend the Inquest pubd gaz 11 October 1996 p 536 Form 16 Version 1—Warrant of Committal of Witness pubd gaz 11 October 1996 p 536 Form 17 Version 1—Coroner’s Inquisition (Death Inquest) pubd gaz 11 October 1996 p 536 Form 18 Version 1—Coroner’s Inquisition (Fire Inquest) pubd gaz 11 October 1996 p 536 Form 19 Version 1—Coroner’s Inquisition (Inquiry—Missing Person) pubd gaz 11 October 1996 p 536 Form 20 Version 1—Death Inquest pubd gaz 11 October 1996 p 536

66 Coroners Act 1958 Form 21 Version 1—Register of Deaths and Court Record book pubd gaz 11 October 1996 p 536 Form 22 Version 1—Report on sudden death due to natural causes—No suspicious circumstances pubd gaz 11 October 1996 p 536 Form 23 Version 1—Report on Fire—No suspicious circumstances pubd gaz 11 October 1996 p 536 Form 24 Version 1—Letter from Coroner pubd gaz 11 October 1996 p 536 9 Provisions that have not commenced and are not incorporated into reprint The following provisions are not incorporated in this reprint because they had not commenced before the reprint date (see Reprints Act 1992, s 5(c)). Justice and Other Legislation (Miscellaneous Provisions) Act 2002 No. 34 s 8 reads as follows— 8 Insertion of new s 23G Part 9, after section 23F— insert— ‘23G When particular provisions do not apply after post-mortem ‘ (1) This section applies if— (a) a person removes a part of the body of a deceased as part of a post-mortem examination or a special examination of the body made under a coroner’s order under section 18; and (b) the removed part of the body ( “remains” ) is not buried or cremated with the body. ‘ (2) Sections 20, 21, 23 and 23A to 23F do not apply to the disposal of the remains. ‘ (3) For disposing of the remains, the entity possessing the remains may issue a certificate stating a coroner no longer requires the remains to be kept. ‘ (4) The certificate authorises the entity or, if the entity gives the remains to someone else for disposal, the person to whom the remains are given for

67 Coroners Act 1958 disposal, to dispose, or arrange for the disposal, of the remains by burial or cremation.’. © State of Queensland 2002