Coroners Act 1997 (ACT)
Coroners Act 1997
A1997-57
Republication No 50
Effective: 3 November 2025
Republication date: 3 November 2025
Last amendment made by A2024‑24
About this republication
The republished law
This is a republication of the Coroners Act 1997 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 3 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 3 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Coroners Act 1997
Contents
Page
Part 1 Preliminary
Division 1.1 Introduction
1 Name of Act 2
2 Dictionary 2
3A Notes 2
3BOffences against Act—application of Criminal Code etc 3
Division 1.2 Objects and important concepts
3BA Objects of Act 3
3BB Meaning of death in care 5
3C Meaning of death in custody 6
3D Who is a custodial officer? 7
Part 2 The Coroner’s Court
Division 2.1 Establishment
4 Establishment 8
Division 2.2 Appointment etc of coroners
5 Coroners 8
6 Chief Coroner 8
7 Chief Coroner’s functions 9
8 Deputy coroners 9
9 Deputy coroners’ functions 9
10 Oath to be taken by coroner or deputy coroner 10
11 Registrar and deputy registrars 10
11A Coroner for matter not available 10
Part 3 Jurisdiction of coroners
Division 3.1 Inquests into deaths
12 General functions and jurisdiction of coroner 12
13 Coroner’s jurisdiction in relation to deaths 12
15 Control and release of body of deceased 14
17 Assistance to State and other Territory coroners 14
17A Considerations before exercising function or making decision 15
Division 3.2 Inquiries into fires
18 Coroner’s jurisdiction in relation to fires 15
Division 3.3 Inquiries into disasters
19 Coroner’s jurisdiction in relation to disasters 16
Part 4 Post-mortem examinations and exhumations
19A Meaning of ancillary examination—pt 4 17
19B Directions to obtain medical records 17
19C Ancillary examination 18
20 Dispensing with post-mortem examination 18
21 Directions to doctors to conduct post-mortem examinations 18
22 Unavailability of doctor directed to conduct a post-mortem examination 19
23 Consideration of immediate family 19
24 Reconsideration of decisions 20
25 Previous attending doctor entitled to observe post-mortem examination 20
27 Warrant for exhumation of body or recovery of ashes 21
29 Form of warrant for exhumation 22
30 Reinterment of remains or ashes 23
31 Removal of body or ashes for purposes of inquest outside the ACT 23
32 Report by doctor or analyst 24
33 Assistance at post-mortems etc 24
Part 5 Inquests and inquiries
Division 5.1 Hearings
34 Hearings 25
34A Decision not to conduct hearing 25
35 Time and place of hearing 25
36 Adjournment of hearing 25
37 Notification of immediate family 26
38 Notice relating to conduct of hearing 26
39 Inquests into non-custodial deaths and inquiries—discretion to appoint counsel assisting 26
39A Functions of counsel assisting 27
39B Counsel assisting—revocation of appointment 28
40 Hearing in public except in certain cases 28
41 Hearing to be held without jury 29
42 Representation at hearing 29
42A Appearance by audiovisual or audio links 29
Division 5.2 Witnesses
43 Power of coroner to subpoena witnesses etc 30
44 Service of subpoena on witness 31
45 Arrest of witness 32
46 People about to leave ACT—examination and production of documents etc 33
Division 5.3 Evidence and procedure
47 Rules of evidence do not apply 34
48 Evidence 34
49 Record of proceedings 35
50 Informal request for evidence 36
51 Access to documents etc 36
51A Practice and procedure for inquests and inquiries 36
51B Privilege in relation to self-incrimination in coronial inquest or inquiry 37
Division 5.4 Findings and reports
52 Coroner’s findings 39
53 Interim findings 40
54 Requests for copies of findings 40
55 Adverse comment in findings or reports 40
56 Notification of registrar-general 41
57 Report after inquest or inquiry 41
57A Correction of errors 43
Division 5.5 Indictable offences
58 Procedure where evidence of indictable offence or indictment to be presented 43
58A When inquest or inquiry may proceed—s 58 45
Division 5.6 General powers of coroners
59 Investigators 46
60 Coroner not to be called as witness 47
61 Coroner not required to view the subject matter of inquest or inquiry 47
62 Coroner may act on a Sunday 47
63 Police assistance 47
64 Request for hearing or for reconsideration of certain decisions 48
65 Restriction of access 50
66 Search warrants 50
67 Inspection and retention of seized things 52
68 Chief Coroner—power to hold fresh inquest or inquiry 53
Division 5.7 Other requirements
68A Coroner to give information to immediate family 53
Part 5A Coronial investigation scenes
68B Definitions—pt 5A 55
68C Coronial investigation scene order 55
68D Establishment of coronial investigation scene 57
68E Coronial investigation scene powers 57
68F Senior police officer may establish scene for expected coronial investigation 58
68G Exercise of investigation scene powers under pt 5A 60
68H Part does not limit other powers 60
Part 6 Deaths in care and deaths in custody—additional provisions
69 Consideration of deceased’s family etc 61
70 Viewing of body etc 61
71 Post-mortem examinations by pathologists 62
72 Inquest into death in care or death in custody—appointment of counsel assisting 62
73 Records of deaths in care and deaths in custody 63
74 Findings about quality of care, treatment and supervision 63
75 Copies of reports of findings 63
76 Response to reports 64
Part 7 Offences
76A Application of Criminal Code, ch 7 65
77 Obligation to report death 65
78 Obligation to report death in care or death in custody 66
83 Improper dealing with body or ashes of dead person 66
89 Acts and omissions of representatives 67
Part 8 Powers of Supreme Court
90 Application to hold hearing for inquest or inquiry into fire 69
91 Supreme Court—general 69
92 Supreme Court—power to order inquest or inquiry 69
93 Supreme Court—power to quash, or order fresh, inquest or inquiry 70
Part 9 Witness expenses and other amounts
98 Witness expenses 71
99 Amounts payable to assistants 71
Part 10 Miscellaneous
99A Contempt of Coroner’s Court 72
99B Protection if information given to coroner 72
100 Deaths in institutions—retention of records of dead person 73
100A Attorney-general may make guidelines for responses 74
101 Court seal 74
102 Annual report of court 74
103 Regulation-making power 76
Schedule 1 Oath or affirmation of office 77
Part 1.1 77
Part 1.2 78
Dictionary79
Endnotes
1 About the endnotes 83
2 Abbreviation key 83
3 Legislation history 84
4 Amendment history 92
5 Earlier republications 104
6 Expired transitional or validating provisions 108
Coroners Act 1997
An Act to provide for the holding of inquests into deaths and inquiries into fires and disasters, and for related purposes
Part 1Preliminary
Division 1.1 Introduction
Name of Act
This Act is the Coroners Act 1997.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘death in custody—see section 3C.’ means that the term ‘death in custody’ is defined in that section.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
3ANotes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
3BOffences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Division 1.2 Objects and important concepts
3BAObjects of Act
(1)The main objects of this Act are to—
(a)establish the Coroner’s Court and position of Chief Coroner; and
NoteEstablish includes continue in existence (see Legislation Act, dict, pt 1, def establish).
(b)provide—
(i)that a person who is a magistrate (other than a special magistrate) is also a coroner; and
(ii)that the Chief Coroner may appoint a special magistrate as a coroner; and
(iii)for the appointment of deputy coroners; and
(c)give the following functions to coroners:
(i)to hold inquests into particular kinds of deaths or suspected deaths, and to make findings about the deaths, including the identities of deceased people and causes of death;
(ii)to hold inquiries into, and make findings about, the cause and origin of—
(A)fires that have destroyed or damaged property; and
(B)disasters; and
(d)allow a coroner, based on the coroner’s findings in an inquest or inquiry, to make recommendations and comments about the following:
(i)the prevention of deaths;
(ii)the promotion of general public health and safety including occupational health and safety;
(iii)the administration of justice;
(iv)the need for a matter to be investigated or reviewed by an entity.
(2)As far as practicable, the objects of this Act must be carried out in a way that—
(a)for an inquest into a person’s death—recognises the following:
(i)the family and friends of the deceased person have an interest in having all reasonable questions about the circumstances of the person’s death answered;
(ii)the death of a person, and an inquest into the person’s death, has a significant impact on the person’s family and friends;
(iii)that where appropriate, members of the immediate family of the deceased person should be given the earliest opportunity to participate in, and be kept informed of the particulars and progress of, the inquest into the person’s death;
(iv)that different cultures have different beliefs and practices about death that should, where possible, be respected; and
(b)maintains the inquisitorial, non-adversarial nature of the Coroner’s Court, and its function to inquire into and publicly examine the causes of death, fire and disaster; and
(c)promotes the development of a systematic and comprehensive public record of findings made by a coroner and any associated recommendations made by the coroner; and
(d)increases public awareness of a coroner’s findings about—
(i)violent or unusual deaths; and
(ii)serious risks to public health and safety; and
(iii)ways to protect public health and safety by reducing the risk of death, fire or disaster; and
(e)promotes public understanding about the function of the Coroner’s Court.
3BBMeaning of death in care
(1)In this Act:
death in care means the death of a person—
(a)while being taken into or detained in custody, or subject to an order, under—
(i)the Mental Health Act 2015; or
(ii)the Crimes Act 1900, section 309 (Assessment whether emergency detention required); or
(b)because of a fatal injury sustained in circumstances mentioned in subsection (a).
(2)For this section, a person is subject to an order if the person is—
(a)being taken into, or detained in, custody under the order; or
(b)being restrained, or otherwise being provided with care, under the order; or
(c)otherwise subject to the order.
3CMeaning of death in custody
(1)For this Act, death in custody means the death of a person (other than a death in care)—
(a)at a correction centre, lockup or detention place; or
(b)while performing work under a community service condition of a good behaviour order under the Crimes (Sentencing) Act 2005; or
(c)while subject to an accommodation order under the Crimes (Sentencing) Act 2005, section 133Z (Accommodation orders—for young offenders convicted or found guilty); or
(d)while subject to a transfer arrangement under the Children and Young People Act 2008, division 5.2.1 (Interstate transfer generally) or, while in custody under that Act, section 128 (Lawful custody for transit through ACT); or
(e)while at a licensed place under the Intoxicated People (Care and Protection) Act 1994; or
(f)while in, being taken into, or after being taken into, the custody of a custodial officer; or
(g)while escaping, or attempting to escape, from the custody of a custodial officer, other than a carer under the Intoxicated People (Care and Protection) Act 1994.
(2)Also, death in custody includes death because of a fatal injury sustained in a place, or in circumstances, mentioned in subsection (1).
(3)For subsection (1) (c) and (d), a person is subject to an order or arrangement—
(a)while being taken into, or detained in, custody under the order or arrangement; or
(b)while being restrained, or otherwise being provided with care, under the order or arrangement; or
(c)while otherwise subject to the order or arrangement.
3DWho is a custodial officer?
In this Act:
custodial officer means any of the following:
(a)a police officer;
(b)the person in charge of a correctional centre;
(c)a corrections officer;
(d)the chief psychiatrist;
(e)a mental health officer;
(f)the director‑general responsible for the Children and Young People Act 2008 or an authorised person under that Act;
(g)the sheriff, a deputy sheriff, or a person appointed to assist the sheriff, under the Supreme Court Act 1933;
(h)a carer under the Intoxicated People (Care and Protection) Act 1994.
Part 2The Coroner’s Court
Division 2.1 Establishment
Establishment
(1)The Coroner’s Court established under the Coroners Act 1956, section 3 continues in force as the Coroner’s Court.
(2)The court is constituted by a single coroner.
(3)The court is a court of record.
Division 2.2 Appointment etc of coroners
Coroners
(1)A magistrate, other than a special magistrate, is a coroner for the Territory.
(2)The Chief Coroner may appoint a special magistrate as a coroner for the Territory.
Note For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Chief Coroner
The person for the time being occupying the office of Chief Magistrate is the Chief Coroner.
Chief Coroner’s functions
(1)The Chief Coroner is responsible for ensuring the orderly and expeditious discharge of the business of the court.
(2)Subject to this Act, and after such consultation with the coroners of the court as is appropriate and practicable, the Chief Coroner must make such arrangements about the coroner who is to constitute a court in a particular matter or class of matters as the Chief Coroner thinks fit.
Deputy coroners
(1)The Executive may, by instrument, appoint a person to be a deputy coroner.
(2)The appointment is on the conditions not provided for by this Act or another territory law that are stated in the deputy coroner’s instrument of appointment.
Deputy coroners’ functions
(1)Subject to the directions of the Chief Coroner, a deputy coroner has and may exercise the functions of a coroner.
(2)The Chief Coroner must not direct a deputy coroner to hold an inquest into a death in care or death in custody.
(3)A deputy coroner who is a doctor is not competent or compellable to hold an inquest into the cause of the death of a person whom the deputy coroner attended professionally at or immediately before the death of the person or during the last illness of the person.
Oath to be taken by coroner or deputy coroner
(1)A coroner or deputy coroner must not exercise a function of office before taking an oath in accordance with schedule 1, part 1.1 or part 1.2.
(2)A judge of the Supreme Court or a person authorised for the purpose by the Attorney-General may administer the oath to the coroner or deputy coroner.
NoteOath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).
Registrar and deputy registrars
(1)The registrar of the Magistrates Court is the registrar of the court.
(2)Each deputy registrar of the Magistrates Court is a deputy registrar of the court.
(3)The registrar of the court may appoint such deputy registrars of the court as the registrar considers necessary for this Act.
11ACoroner for matter not available
(1)This section applies if a person who is a coroner constituting a court in a particular matter ceases to hold office as a coroner, or ceases to be available, before the coroner finishes dealing with the matter.
(2)The Chief Coroner must arrange for another coroner to constitute the court in the matter.
(3)The other coroner may deal with the matter as the other coroner considers appropriate.
Example
deal with the matter afresh
(4)In this section:
ceases to be available––a person ceases to be available for a matter if the person is unable to act as a coroner in relation to the matter because of illness, absence or an inability or unwillingness to deal with the matter.
matter includes a class of matters.
Part 3Jurisdiction of coroners
Division 3.1 Inquests into deaths
General functions and jurisdiction of coroner
(1)A coroner has the functions and jurisdiction given by this Act or any other territory law.
(2)Except as otherwise provided by this Act, a coroner also has all the functions and jurisdiction that were vested in a coroner immediately before the commencement of the Coroners Act 1956.
Coroner’s jurisdiction in relation to deaths
(1)A coroner must hold an inquest into the manner and cause of death of a person who—
(a)dies violently, or unnaturally, in unknown circumstances; or
(b)dies under suspicious circumstances; or
(c)dies and the death appears to be completely or partly attributable to an operation or procedure; or
(d)dies after having undergone an operation or procedure and in circumstances that, in the opinion of the Chief Coroner, should be better ascertained; or
(e)dies and a doctor has not given a certificate about the cause of death; or
(f)dies not having been attended by a doctor at any time within the period commencing 6 months before the death; or
(g)dies after an accident where the cause of death appears to be directly attributable to the accident; or
(h)dies, or is suspected to have died, in circumstances that, in the opinion of the Attorney-General, should be better ascertained; or
(i)dies in care or custody.
(2)However, subsection (1) (i) does not apply in relation to a person who has self‑administered, or been administered, an approved substance in accordance with the Voluntary Assisted Dying Act 2024.
(3)A coroner has jurisdiction to hold an inquest into the manner and cause of death, outside the ACT, of a person, if—
(a)the person was ordinarily resident in the ACT; and
(b)the death happened in any of the circumstances referred to in subsection (1).
(4)A coroner has jurisdiction to hold an inquest even though—
(a)the body of the deceased—
(i)is not within the ACT; or
(ii)has been destroyed; or
(iii)is in a place from which it cannot be recovered; or
(b)in the case of a suspected death—the body of the deceased cannot be found.
(5)In this section:
operation or procedure—
(a)means—
(i)an operation of a medical, surgical, dental or similar nature; or
(ii)an invasive medical or diagnostic procedure; but
(b)does not include the administration of an approved substance by or to a person in accordance with the Voluntary Assisted Dying Act 2024.
NoteA coroner may, or may not, conduct a hearing into a death (see div 5.1 (Hearings)).
Control and release of body of deceased
(1)This section applies if—
(a)a death happens in relation to which a coroner is required to hold an inquest; and
(b)the body of the deceased is in the ACT.
(2)A coroner has control of the body of the deceased until a certificate authorising its release is given under subsection (3).
(3)A coroner may give a certificate authorising the release of the body of the deceased if satisfied there is no reason why the body should not be buried, cremated, or taken out of the ACT for burial or cremation.
Assistance to State and other Territory coroners
(1)A coroner may exercise any of the coroner’s powers under this Act to assist a coroner of a State or another Territory in relation to a death in that State or other Territory.
(2)If the Attorney-General requests, a coroner must exercise any of the coroner’s powers under this Act to assist a coroner of a State or another Territory in relation to a death in that State or other Territory.
17AConsiderations before exercising function or making decision
In exercising a function or making a decision in relation to an inquest, a coroner must have regard to the desirability of minimising the causing of distress or offence to people who, because of their cultural attitudes or spiritual beliefs, could reasonably be expected to be distressed or offended by the exercise of the function or decision.
Division 3.2 Inquiries into fires
Coroner’s jurisdiction in relation to fires
(1)A coroner must hold an inquiry into the cause and origin of a fire that has destroyed or damaged property if asked to do so by the Attorney-General.
(2)A coroner may (at the request of the owner or occupier of destroyed or damaged property or on the coroner’s own initiative) hold an inquiry into the cause and origin of a fire if the coroner considers that an inquiry should be held.
(3)Where—
(a)the owner or occupier of destroyed or damaged property requests a coroner to hold an inquiry into the cause and origin of a fire; and
(b)the coroner is of the opinion that an inquiry into the cause and origin of the fire should not be held;
the coroner must give to each owner or occupier who requested that an inquiry be held written notice of the opinion and the grounds for the opinion.
Division 3.3 Inquiries into disasters
Coroner’s jurisdiction in relation to disasters
(1)The Chief Coroner must, if requested to do so by the Attorney-General, cause an inquiry to be held into the cause and origin of a disaster.
(2)The Chief Coroner must not cause an inquiry to be held into the cause and origin of a disaster except with the consent of the Attorney-General.
Part 4Post-mortem examinations and exhumations
19AMeaning of ancillary examination—pt 4
In this part:
ancillary examination, in relation to the body of a person, means 1 or more of the following procedures:
(a)taking a sample of blood or other bodily fluids;
(b)taking a sample of tissue, bone or hair;
(c)taking fingerprints;
(d)conducting radiographic imaging and examination;
(e)conducting an external examination, including taking photographs.
19BDirections to obtain medical records
(1)This section applies if a person has died in any of the circumstances in relation to which a coroner has jurisdiction to hold an inquest.
(2)A coroner may, by order, direct a person who has responsibility for or control of any medical records relating to the deceased person, including someone in charge of a hospital or residential institution, to give the records to the coroner or the doctor stated in the order.
Example
a person in charge of an aged care facility or residential disability care facility is directed to give a deceased person’s medical records to the coroner
(3)Unless the coroner otherwise orders, a doctor who is given records under this section must return the records to the person who gave them as soon as reasonably practicable after a coroner has, under section 20 (1) or section 21, dispensed with or completed a post‑mortem examination.
(4)An order under subsection (2) or (3) must be in writing.
19CAncillary examination
(1)This section applies if a person has died in any of the circumstances in relation to which a coroner has jurisdiction to hold an inquest.
(2)A coroner may authorise a person, in writing, to conduct an ancillary examination of the body of the person.
Dispensing with post-mortem examination
(1)A coroner may dispense with a post-mortem examination of a body if the coroner, after considering any medical records or other information given to the coroner relating to the death, is satisfied that the manner and cause of death are sufficiently disclosed.
(2)A coroner may dispense with a post-mortem examination of a body if, on the request of a member of the immediate family of the deceased or a representative of that person, the coroner is satisfied that the manner and cause of death are sufficiently disclosed.
Directions to doctors to conduct post-mortem examinations
(1)A coroner may, by order, direct a doctor to conduct a post-mortem examination of the body of a person who has died in any of the circumstances in relation to which the coroner has jurisdiction to hold an inquest.
(2)A coroner may, by order, direct the same or another doctor to conduct a further or more complete post-mortem examination of a body if satisfied that it is desirable to do so.
(3)An order under subsection (1) or (2) must be in writing.
Unavailability of doctor directed to conduct a post-mortem examination
If a doctor specified in an order under section 21 (1) or (2) is, for any reason, unable to conduct the post-mortem examination, the coroner may—
(a)amend the order by substituting the name of another doctor; or
(b)direct that a specified doctor conduct the post-mortem.
Consideration of immediate family
(1)A coroner holding an inquest into a death (other than a death in care or death in custody) may, if requested to do so by a member of the immediate family of the deceased or a representative of that person, authorise—
(a)the viewing of the body of the deceased by the member or a representative of that member; or
(b)an inspection of the scene of the death by the member or a representative of that member; or
(c)an inspection of the scene of an event which, in the opinion of the coroner, may have resulted in the death of the person; or
(d)the member or a representative of that member to be present at any post-mortem examination conducted on the body; or
(e)the same or another doctor to conduct a further post-mortem examination on the body.
(2)If a coroner refuses to give an authorisation under subsection (1) on the ground that the coroner believes that it would not be in the public interest or the interests of justice to do so, the coroner must give to the person who made the request written notice of the refusal and an explanation for the refusal.
(3)A notice under subsection (2) must include a statement that the person who made the request may apply to the Chief Coroner requesting that the coroner who made the decision reconsider the decision.
Reconsideration of decisions
(1)Where—
(a)a coroner refuses to give an authorisation under section 23 (1); and
(b)the Chief Coroner receives a written application requesting that the coroner who refused to give the authorisation be requested to reconsider the decision;
the Chief Coroner must, if satisfied that the applicant has sufficient interest in the decision, request the coroner to whom the application relates to reconsider the decision.
(2)A request must set out the grounds on which the person relies.
(3)The Chief Coroner must notify the applicant of any comments of a coroner in response to the request.
Previous attending doctor entitled to observe post-mortem examination
A doctor who attended a person professionally at or immediately before the person’s death or during the person’s last illness is entitled, on request, to be present as an observer at a post-mortem examination of the body of the deceased.
Warrant for exhumation of body or recovery of ashes
(1)A coroner may issue a warrant for—
(a)the exhumation for post-mortem examination of a body that has been buried; or
(b)if the body of the deceased has been cremated—the recovery of the ashes;
if the coroner is satisfied that—
(c)there is reasonable cause to believe that the person died in circumstances in relation to which the coroner has jurisdiction to hold an inquest; and
(d)a post-mortem examination of the body or an analysis of the ashes of the deceased should be made.
(2)If—
(a)the body of a deceased person has been buried or cremated and the inquest concerning the death of that person has not been completed; or
(b)the Supreme Court has quashed an inquest and has directed that a fresh inquest be held;
a coroner may, if of the opinion that—
(c)a post-mortem examination or a more complete post-mortem examination should be made of the body; or
(d)an analysis or more complete analysis should be made of the ashes of the deceased;
issue a warrant for the exhumation of the body or, if practicable, for the recovery of the ashes for the post-mortem examination or analysis or the more complete post-mortem examination or analysis.
(3)Where—
(a)the body of a person who died outside the ACT has been buried in the ACT or the ashes of a person who so died are in the ACT; and
(b)a coroner having jurisdiction in the place where the person died informs a coroner that—
(i)an inquest is to be, or is being, held into the cause of the death of the person; and
(ii)it is desirable that a post-mortem examination or a more complete post-mortem examination should be made of the body or an analysis or more complete analysis be made of the ashes;
the coroner may issue a warrant for the exhumation of the body or for the recovery of the ashes of the deceased for a post-mortem examination or a more complete post-mortem examination or an analysis or more complete analysis of the ashes.
Form of warrant for exhumation
A warrant for the exhumation of the body or the recovery of the ashes of a person must—
(a)authorise the police officer to whom it is directed to exhume the body or recover the ashes of the person named in the warrant; and
(b)direct the person to whom it is directed to take the body or ashes to the place specified in the warrant as the place for the post-mortem examination of the body or analysis of the ashes.
Reinterment of remains or ashes
(1)A coroner by whom a warrant for the exhumation of the body or the recovery of the ashes of a person was issued must, as soon as the coroner is satisfied that the exhumed body should be reinterred or the ashes returned to the person entitled to them, by order, direct a person named in the order to reinter the body or return the ashes.
(2)The coroner must give a copy of an order under subsection (1) to a member of the immediate family of the deceased or a representative of that member.
Removal of body or ashes for purposes of inquest outside the ACT
(1)If—
(a)the body of a person who has died outside the ACT is lying, or the ashes of a deceased are, in the ACT; and
(b)a coroner is informed by a coroner having jurisdiction in the place where the person died that an inquest is to be held in that place into the manner and cause of the death of the person;
the coroner may make an order directing a person named in the order to remove the body or ashes to the place where the inquest is to be held.
(2)If a coroner makes an order under subsection (1), the coroner must—
(a)notify the registrar-general; and
(b)give to the registrar-general any particulars mentioned in section 56 (2) that are known to the coroner.
Report by doctor or analyst
If, under section 21, section 27 or section 71, a post-mortem examination of the body, or an analysis of the ashes, of a deceased is carried out, the person carrying out the examination or analysis must, as soon as practicable after the examination or analysis is completed—
(a)give a report to the coroner by whom the order was made; and
(b)if a request has been made under section 71—give a report to the person who made the request, or the person’s representative or a representative (if any) of the deceased.
Assistance at post-mortems etc
(1)This section applies if a coroner—
(a)authorises an ancillary examination; or
(b)makes an order for a post-mortem examination, reinterment or analysis of ashes; or
(c)issues a warrant for an exhumation of a body or the recovery of the ashes of a deceased.
(2)The coroner may authorise a person, in writing, to assist in the ancillary or post‑mortem examination, reinterment, exhumation, analysis or recovery.
(3)A doctor who is authorised to conduct the ancillary examination or ordered to conduct the post-mortem examination, may authorise a person, in writing, to assist with the examination.
Part 5Inquests and inquiries
Division 5.1 Hearings
Hearings
For an inquest or inquiry, a coroner may conduct a hearing.
34ADecision not to conduct hearing
(1)A coroner may decide not to conduct a hearing into a death if, after consideration of information given to a coroner relating to the death of a person, the coroner is satisfied that—
(a)the manner and cause of death are sufficiently disclosed; and
(b)a hearing is unnecessary.
(2)A coroner must not dispense with a hearing into a death of a person, if the coroner has reasonable grounds for believing the death is a death in care or death in custody.
(3)A coroner who decides not to conduct a hearing into a death must give to the Chief Coroner and a member of the immediate family of the deceased written notice of the decision including the grounds for the decision.
Time and place of hearing
A coroner must fix the time and place of a hearing.
Adjournment of hearing
A coroner may, by order made in or outside the court, adjourn a hearing from time to time and from place to place.
Notification of immediate family
(1)Before conducting a hearing for an inquest into a death (other than a death in care or death in custody), the coroner must, at the earliest opportunity, take reasonable steps to notify a member of the immediate family of the deceased person about the time and place of the hearing.
(2)Nothing in subsection (1) prevents a coroner from conducting a hearing if the coroner believes, on reasonable grounds, that it would be in the public interest or the interests of justice to do so.
Notice relating to conduct of hearing
A coroner must, where practicable, not less than 28 days before conducting a hearing, give public notice of the date, time and place of the hearing.
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
Inquests into non-custodial deaths and inquiries—discretion to appoint counsel assisting
(1)A coroner may appoint a lawyer as counsel to assist the coroner (counsel assisting) in an inquest (other than for a death in care or death in custody) or inquiry if the coroner is satisfied that—
(a)it is in the interests of justice to have a lawyer assist the coroner—
(i)in the inquest or inquiry; or
(ii)by appearing at a hearing in the inquest or inquiry; and
(b)the lawyer appointed—
(i)has the appropriate skills and experience necessary to assist the coroner in the inquest or inquiry; and
(ii)does not have an actual or perceived conflict of interest (based on the lawyer’s personal or professional circumstances) that would prevent the lawyer from properly carrying out the functions of counsel assisting under this Act.
NoteFor the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
(2)An appointment under subsection (1) may be made either generally or in relation to a particular matter.
(3)If a coroner appoints the director of public prosecutions as counsel assisting in an inquest or inquiry, the director may, unless the appointment states otherwise, authorise a lawyer who meets the requirements mentioned in subsection (1) (b) to act in the director’s name.
NoteA coroner must appoint a lawyer as counsel assisting in an inquest into a death in care or a death in custody (see s 72).
39AFunctions of counsel assisting
(1)The functions of counsel assisting include the following:
(a)assisting the coroner as required by the coroner in the inquest or inquiry;
(b)if there is a hearing for the inquest or inquiry—
(i)appearing at the hearing; and
(ii)presenting evidence and examining witnesses at the hearing;
(c)making submissions to the coroner on any matter relevant to the inquest or inquiry, including any findings that the coroner may make at the end of the inquest or inquiry;
(d)acting in the public interest and the interests of justice to assist the coroner to decide matters of fact or law relevant to the inquest or inquiry.
(2)Counsel assisting must tell the coroner as soon as practicable, in writing, if he or she becomes aware of any matter that could affect his or her eligibility to be appointed as, or ability to exercise the functions of, counsel assisting.
(3)In this section:
counsel assisting means a lawyer appointed under section 39 or section 72.
examining, a witness, includes cross-examining and re-examining the witness.
39BCounsel assisting—revocation of appointment
A coroner must revoke a lawyer’s appointment under section 39 or section 72—
(a)if satisfied on reasonable grounds that the lawyer is not, or is no longer, eligible for appointment under the section, or is unable to properly exercise the functions of counsel assisting; or
(b)for any other reason prescribed by regulation.
Hearing in public except in certain cases
(1)Subject to subsection (2), a hearing must be in public.
(2)If a coroner is of the opinion that it is desirable in the public interest or in the interests of justice to do so, the coroner may, by order—
(a)direct that a hearing or part of it must take place in private and give directions about the people who may be present; and
(b)give directions prohibiting or restricting the publication or disclosure of evidence whether or not a hearing has been held.
(3)A person commits an offence if the person engages in conduct that contravenes an order.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
Hearing to be held without jury
A hearing for an inquest or inquiry must be conducted without a jury.
Representation at hearing
A coroner may grant leave to a person—
(a)who has been summoned to give evidence in relation to an inquest or inquiry; or
(b)who, in the opinion of the coroner, has a sufficient interest in the subject matter of the inquest or inquiry;
to appear in person at a hearing or to be represented by a lawyer and, at the hearing, to examine and cross-examine witnesses on matters relevant to the inquest or inquiry to which the hearing relates.
42AAppearance by audiovisual or audio links
(1)This section applies if, in relation to an inquest or inquiry, or a part of an inquest or inquiry (the relevant proceedings), the coroner has given a direction under the Evidence (Miscellaneous Provisions) Act 1991, section 20 (1) (Territory courts may take evidence and submissions from participating States) or section 32 (1) (Territory courts may take evidence and submissions from another place).
(2)If this section applies, a person who in the relevant proceedings—
(a)is required or entitled to appear personally, whether under section 42 or as a witness; or
(b)is entitled to appear for another person;
may appear in the relevant proceedings and participate or give evidence in accordance with the direction.
(3)A person who appears in relevant proceedings in accordance with this section is taken to be before the coroner.
Division 5.2 Witnesses
Power of coroner to subpoena witnesses etc
(1)If a coroner is satisfied that—
(a)a person may be able to give evidence or produce a relevant document or other thing to the coroner; or
(b)a person who may be able to give evidence before a coroner will not voluntarily, or does not, appear at a particular time and on a particular date;
the coroner may issue a subpoena requiring the person to appear before the coroner at a time and on a date specified in the subpoena—
(c)to give that evidence or produce that document or thing; or
(d)to give that evidence and produce a document or thing in the possession, custody or control of the person that is mentioned in the subpoena; or
(e)to produce a document or thing in the possession, custody or control of the person that is mentioned in the subpoena.
(2)A person is taken to have complied with a subpoena under subsection (1) (a) if the person delivers the document or thing to the court before the date specified in the subpoena.
(3)A person cannot rely on the common law privileges against self‑incrimination and exposure to the imposition of a civil penalty to refuse to produce a document or other thing required under a subpoena.
NoteThe Legislation Act, s 171 deals with client legal privilege.
(4)However, any information, document or other thing obtained, directly or indirectly, because of the production of the document or other thing, is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for—
(a)an offence in relation to the falsity or the misleading nature of the document or thing; or
(b)an offence against the Criminal Code, chapter 7 (Administration of justice offences).
Service of subpoena on witness
(1)A subpoena may be served on a witness—
(a)personally; or
(b)by sending it to the witness’s last-known place of residence or employment by a form of post that requires a signature on receipt; or
(c)by leaving it with a responsible adult at the witness’s last-known place of residence or employment.
(2)The subpoena must be accompanied by—
(a)an undertaking to appear for signature by the person and return to a coroner by the date specified in the subpoena; and
(b)a form to be completed by the person to claim the person’s reasonable costs and expenses of attendance at the inquest or inquiry.
(3)A person is not entitled to refuse to comply with a subpoena because of a failure at the time the subpoena was served to give the person the form.
(4)Service of a subpoena on a witness may be proved by the oath of the person who served it or by affidavit.
Arrest of witness
(1)If—
(a)a subpoena under section 43 has been served on the person to whom it is directed; and
(b)the person fails to attend at the time and place specified in the subpoena;
the coroner may issue a warrant for the arrest of the person.
(2)A warrant under subsection (1) may be directed to all police officers, and any police officer may execute the warrant as if it had been directed specifically to the police officer by name.
(3)The police officer who executes a warrant under subsection (2) must, as soon as possible after the arrest of the person named in the warrant, cause the person to be brought before a coroner.
(4)Where a person so arrested is brought before a coroner, the coroner—
(a)may direct that the person remain in custody as the coroner directs; or
(b)may release the person upon the person entering into a recognisance, with or without sureties, in such sum as the coroner determines that the person will attend at a time and place specified in the recognisance.
(5)If a person who has been released under subsection (4) (b) fails to attend at the time and place specified in the recognisance—
(a)the coroner may issue a warrant for the arrest of the person; and
(b)the coroner may declare the recognisance of the person and the recognisance of the person’s surety to be forfeited and—
(i)the declaration is taken to be the declaration of the forfeiture of a recognisance under the Magistrates Court Act 1930, section 254 (Enforcement of recognisance); and
(ii)the provisions of that section apply to the declaration accordingly.
People about to leave ACT—examination and production of documents etc
(1)If, by evidence on oath, a coroner is satisfied that—
(a)a person is able to give material evidence or to produce a relevant or material document or thing relating to an inquest or inquiry; and
(b)the person is likely to be absent from the ACT during the conduct of a hearing;
the coroner may order that the evidence of that person be taken or the document or thing be produced before the coroner, at any time before the hearing, in the same manner as the evidence would be taken or the document or thing be produced at the hearing.
(2)When an order under subsection (1) is served on a person, it must be accompanied by a form to be completed by the person to claim the person’s reasonable costs and expenses of attending the examination or production.
(3)A person is not entitled to refuse to comply with an order under subsection (1) because of a failure at the time the order was served to give the person the form.
Division 5.3 Evidence and procedure
Rules of evidence do not apply
The rules of evidence do not apply to a proceeding before the Coroner’s Court.
Evidence
(1)For an inquest or inquiry, a coroner may take evidence on oath and, for that purpose—
(a)the coroner may require a witness to take an oath; and
(b)the coroner, registrar or other appropriate officer of the court may administer an oath to a witness.
NoteOath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).
(2)A coroner may—
(a)require a witness to answer a question put to the witness; and
(b)if a person appears before a coroner under a subpoena—require the person to give evidence or produce a document or thing stated in the subpoena.
(3)A record of evidence made for an inquest or inquiry is not, only because it is such a record, admissible in any court as evidence that a person made the depositions included in the record.
(4)Subsection (3) does not apply in relation to a prosecution for an offence against part 7 or the Criminal Code, chapter 7 (Administration of justice offences).
Record of proceedings
(1)In this section:
relevant provisions means the following provisions of the Magistrates Court Act 1930:
· section 314 (Registrar to give directions for preparation of transcript)
· section 315 (Applications for transcripts)
· section 316 (Record of proceedings)
· section 317 (Record of proceedings and transcript).
(2)The relevant provisions apply in relation to the depositions of a witness who gives evidence at a hearing as if the depositions were depositions in a proceeding in the Magistrates Court and as if—
(a)a reference to the Magistrates Court were a reference to a coroner; and
(b)a reference to the registrar of the Magistrates Court were a reference to the registrar of the Coroner’s Court; and
(c)in section 315—the following subsection were substituted for subsection (2):
‘(2)A person is entitled to a copy of a record made at an inquest or inquiry only if the person has satisfied the registrar or a coroner that the person has good reason for applying for the copy.’; and
(d)in section 316 (6)—proceedings at an inquest or inquiry were proceedings mentioned in that subsection; and
(e)all other necessary changes, and any changes prescribed by regulation, were made.
Informal request for evidence
(1)A coroner may, on being requested by a person having sufficient interest in an inquest or inquiry, request another person to give evidence relevant to the inquest or inquiry.
(2)The request may be made to the coroner during an inquest or inquiry, or before or after a hearing.
Access to documents etc
A coroner may make available to any person with sufficient interest in an inquest or inquiry—
(a)any document or thing that is produced at, or the coroner intends to consider in relation to, an inquest or inquiry; and
(b)any evidence relevant to the inquest or inquiry to which the coroner intends to have regard.
51APractice and procedure for inquests and inquiries
(1)An inquest or inquiry must be conducted in accordance with any practice or procedure for taking a step in the inquest or inquiry that is prescribed under this Act or another territory law under which the step is to be taken.
(2)However, if a practice or procedure for taking a step in an inquest or inquiry is not prescribed under this Act or another territory law—
(a)the Chief Coroner may give directions for the practice or procedure (a coronial practice direction) to be followed for the step; or
(b)if the Chief Coroner has not given a coronial practice direction for the step—the coroner holding the inquest or inquiry may give directions about the practice or procedure to be followed in the inquest or inquiry.
(3)The rules may prescribe matters in relation to the practice and procedure for a hearing.
(4)In this section:
rules means rules under the Court Procedures Act 2004 applying in relation to the Coroner’s Court.
51BPrivilege in relation to self-incrimination in coronial inquest or inquiry
(1)This section applies if a witness for an inquest or inquiry objects to giving particular evidence, or evidence on a particular matter, on the ground that the evidence may tend to prove that the witness—
(a)has committed an offence against or arising under an Australian law or a law of a foreign country; or
(b)is liable to a civil penalty.
(2)The coroner for the inquest or inquiry must decide whether or not there are reasonable grounds for the objection.
(3)Subject to subsection (4), if the coroner decides that there are reasonable grounds for the objection, the coroner must not require the witness to give the evidence and must tell the witness—
(a)that the witness need not give the evidence unless required by the coroner to do so under subsection (4); and
(b)that the coroner will give a certificate under this section if the witness—
(i)willingly gives the evidence without being required to do so under subsection (4); or
(ii)gives the evidence after being required to do so under subsection (4); and
(c)of the effect of the certificate.
(4)The coroner may require the witness to give the evidence if the coroner is satisfied that—
(a)the evidence does not tend to prove that the witness has committed an offence against or arising under, or is liable to a civil penalty under, a law of a foreign country; and
(b)the interests of justice require that the witness give the evidence.
(5)If the witness either willingly gives the evidence without being required to do so under subsection (4), or gives it after being required to do so under that subsection, the coroner must give the witness a certificate under this section in relation to the evidence.
(6)The coroner must also give a witness a certificate under this section if—
(a)the objection has been overruled; and
(b)after the evidence has been given, the coroner finds that there were reasonable grounds for the objection.
(7)In any proceeding in an ACT court or before any entity authorised by a territory law, or by consent of parties, to hear, receive and examine evidence, the following evidence cannot be used against a person:
(a)evidence given by the person in relation to which a certificate under this section has been given;
(b)evidence of any information, document or thing obtained as a direct or indirect consequence of the person having given evidence.
(8)However, subsection (7) does not apply to a criminal proceeding in relation to the falsity of the evidence.
(9)Subsection (7) has effect despite any challenge, review, quashing or calling into question on any ground of the decision to give, or the validity of, the certificate.
(10)A reference in this section to doing an act includes a reference to failing to act.
(11)A certificate under this section may only be given to a witness who is an individual.
Division 5.4 Findings and reports
Coroner’s findings
(1)A coroner holding an inquest must find, if possible—
(a)the identity of the deceased; and
(b)when and where the death happened; and
(c)the manner and cause of death; and
(d)in the case of the suspected death of a person—that the person has died.
(2)A coroner holding an inquiry must find, if possible—
(a)the cause and origin of the fire or disaster; and
(b)the circumstances in which the fire or disaster happened.
(3)At the conclusion of an inquest or inquiry, the coroner must record the coroner’s findings in writing.
(4)The coroner, in the coroner’s findings—
(a)must—
(i)state whether a matter of public safety is found to arise in connection with the inquest or inquiry; and
(ii)if a matter of public safety is found to arise—comment on the matter; and
(b)may comment on any matter about the administration of justice connected with the inquest or inquiry.
Interim findings
A coroner may, at any time before concluding an inquest or inquiry, make an interim finding on any matter connected with the inquest or inquiry.
Requests for copies of findings
(1)A coroner holding an inquest (other than an inquest into a death in care or death in custody) must, on the request of a member of the immediate family of the deceased or a representative of that member, make available a copy of the coroner’s findings to that member or representative.
(2)A coroner holding an inquiry into a fire must, on the request of the owner of the property damaged or destroyed by the fire, make available a copy of the coroner’s findings to the owner.
Adverse comment in findings or reports
(1)A coroner must not include in a finding or report under this Act (including an annual report) a comment adverse to a person identifiable from the finding or report unless the coroner has, making the finding or report, taken all reasonable steps to give to the person a copy of the proposed comment and a written notice advising the person that, within a specified period (being not more than 28 days and not less than 14 days after the date of the notice), the person may—
(a)make a submission to the coroner in relation to the proposed comment; or
(b)give to the coroner a written statement in relation to it.
(2)The coroner may extend, by not more than 28 days, the period of time specified in a notice under subsection (1).
(3)If the person so requests, the coroner must include in the report the statement given under subsection (1) (b) or a fair summary of it.
Notification of registrar-general
(1)A coroner must give notice, in writing, to the registrar-general of an inquest being held.
(2)The coroner must—
(a)if—
(i)an inquest is adjourned because of a notice under section 58 (3) (a) or the presentation of an indictment under section 58 (4); or
(ii)the coroner decides that an inquest so adjourned is, or is not, to proceed further;
give notice, in writing, to the registrar-general; or
(b)if the inquest—
(i)is adjourned (otherwise than as referred to in paragraph (a))—give written notice to the registrar-general of the particulars of any interim findings; or
(ii)is completed—give written notice to the registrar-general of the coroner’s findings;
together with any particulars that are required to be entered by the registrar-general in the register under the Births, Deaths and Marriages Registration Act 1997 that have come to the knowledge of the coroner.
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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