Coroners Act 2009 (NSW)
Local Court and Bail Legislation Amendment Act 2025 No 61, Sch 2.20 (not commenced)
Victims Rights and Victims of Crime Commissioner Act 2025 No 64, Sch 4.6 (not commenced)
Statute Law (Miscellaneous Provisions) Bill (No 2) 2025
An Act to provide for the appointment and functions of coroners and assistant coroners; to repeal the Coroners Act 1980; and for other purposes.
This Act is the Coroners Act 2009.
This Act commences on a day or days to be appointed by proclamation, except as provided by subsections (2) and (3).
Schedule 3.4[1] commences—
(a) if Schedule 1.3[4] to the Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009 commences on or before the date of assent to this Act—on the date of assent to this Act, or
(b) if Schedule 1.3[4] to the Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009 commences after the date of assent to this Act—on the day on which Schedule 1.3[4] to that Act commences.
Schedule 3.4[2]–[4] commence—
(a) if the Local Courts Act 1982 is repealed on or before the date of assent to this Act—on the date of assent to this Act, or
(b) if the Local Courts Act 1982 is repealed after the date of assent to this Act—on the day on which the Local Courts Act 1982 is repealed.
The objects of this Act are as follows—
(a) to provide for the appointment of coronial officers,
(b) to provide that Magistrates are coroners by virtue of office,
(c) to enable coroners to investigate certain kinds of deaths or suspected deaths in order to determine the identities of the deceased persons, the times and dates of their deaths and the manner and cause of their deaths,
(d) to enable coroners to investigate fires and explosions that destroy or damage property within the State in order to determine the causes and origins of (and in some cases, the general circumstances concerning) such fires and explosions,
(e) to enable coroners to make recommendations in relation to matters in connection with an inquest or inquiry (including recommendations concerning public health and safety and the investigation or review of matters by persons or bodies),
(f) to provide for certain kinds of deaths or suspected deaths to be reported and to prevent death certificates being issued in relation to certain reportable deaths,
(g) to prohibit the disposal of human remains without appropriate authority.
(cf Coroners Act 1980, s 4)
In this Act—
(a) the person to whom a person is legally married (including the husband or wife of a person), or
(b) a de facto partner,
but where more than one person would so qualify as a spouse, means only the last person so to qualify.
“De facto partner” is defined in section 21C of the Interpretation Act 1987.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
Notes included in this Act do not form part of this Act.
For the purposes of comparison, a number of provisions of this Act contain bracketed notes in headings drawing attention (“cf”) to equivalent or comparable (though not necessarily identical) provisions of the Coroners Act 1980 as in force immediately before its repeal by this Act.
(cf Coroners Act 1980, s 4(1) and (5))
For the purposes of this Act, a
(a) the spouse of that person, a parent of that person, a person who stands in loco parentis to that person, a guardian of that person or a child of that person, or
(b) if there is no relative, as defined in paragraph (a), of that person—a brother or sister of that person.
A reference in subsection (1)(a) to the child of a person includes, if the person was in a de facto relationship, or a domestic relationship within the meaning of the Property (Relationships) Act 1984, a reference to the following—
(a) a child born as a result of sexual relations between the parties to the relationship,
(b) a child adopted by both parties,
(c) in the case of a de facto relationship between a man and a woman, a child of the woman of whom the man is the father or of whom the man is presumed, by virtue of the Status of Children Act 1996, to be the father (except where the presumption is rebutted),
(d) in the case of a de facto relationship between 2 women, a child of whom both of those women are presumed to be parents by virtue of the Status of Children Act 1996,
(e) a child for whose long-term welfare both parties have parental responsibility (within the meaning of the Children and Young Persons (Care and Protection) Act 1998).
“De facto relationship” is defined in section 21C of the Interpretation Act 1987.
A reference in subsection (1)(a) to a parent includes a reference to a party to a relationship referred to in subsection (2) of which the deceased, or suspected deceased, was by virtue of subsection (2) a child.
(cf Coroners Act 1980, ss 12B(1)(a)–(g) and 13(1)(a)–(c), (e)–(h) and (2))
For the purposes of this Act, a person’s death is a
(a) the person died a violent or unnatural death,
(b) the person died a sudden death the cause of which is unknown,
(c) the person died under suspicious or unusual circumstances,
(d) (Repealed)
(e) the person died in circumstances where the person’s death was not the reasonably expected outcome of a health-related procedure carried out in relation to the person,
(f) the person died while in or temporarily absent from a declared mental health facility within the meaning of the Mental Health Act 2007 and while the person was a patient at the facility for the purpose of receiving care, treatment or assistance under the Mental Health Act 2007 or the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
(Repealed)
In this section—
For the purposes of this Act, the
(a) the deceased person’s spouse, or
(b) if the deceased person did not have a spouse or a spouse is not available—any of the deceased person’s children who are adults, or
(c) if the deceased person did not have a spouse or child or a spouse or child is not available—either of the deceased person’s parents, or
(d) if the deceased person did not have a spouse, child or living parent or a spouse, child or parent is not available—any of the deceased person’s brothers or sisters who are adults, or
(e) if the deceased person did not have a spouse, child, living parent, brother or sister or a spouse, child, parent, brother or sister is not available—
(i) any person who is named as an executor in the deceased person’s will, or
(ii) any person who was the deceased person’s legal personal representative immediately before the deceased person’s death.
A coroner may treat a person who was a deceased person’s legal personal representative immediately before the deceased person’s death as the deceased person’s senior next of kin for the purposes of this Act if the coroner is satisfied that the person who is available to act as senior next of kin is unable to do so.
(cf Coroners Act 1980, s 4A(1)–(3), (5) and (7))
The Governor may appoint any qualified person to be the State Coroner or a Deputy State Coroner.
A person is qualified to be appointed as the State Coroner or a Deputy State Coroner only if the person is a Magistrate.
An appointment is to be made by the commission of the person’s appointment as a Magistrate or by a subsequent commission under the public seal of the State.
More than one person may hold the office of Deputy State Coroner at any one time.
The State Coroner or a Deputy State Coroner holds office for such period (not exceeding 5 years) as may be specified in the commission that appointed the State Coroner or Deputy State Coroner to the office, but is eligible (if otherwise qualified) for re-appointment.
The State Coroner has, while holding office as such, the same status as a Deputy Chief Magistrate.
The State Coroner and a Deputy State Coroner are coroners for the purposes of this Act.
Parts 1 and 3 of Schedule 1 contain general provisions dealing with the vacation of the office of State Coroner or a Deputy State Coroner, remuneration and the effect of an appointment to such offices on other offices held by the person appointed.
(cf Coroners Act 1980, s 4F(1A) and (2))
The Minister may appoint a Deputy State Coroner to be Acting State Coroner during the absence from duty of the State Coroner.
The Minister may make any appointment for a particular absence or for any absence that occurs from time to time.
An Acting State Coroner has the functions of the State Coroner and, for the purposes of this or any other Act or law, is taken to be the State Coroner.
In this section,
(cf Coroners Act 1980, s 4E)
The State Coroner may delegate to a Deputy State Coroner or to another coroner the exercise of any of the State Coroner’s functions under this Act, except as provided by subsection (2).
Section 49 of the Interpretation Act 1987 contains general provisions relating to the delegation of functions.
The State Coroner may not—
(a) delegate the power of delegation conferred by subsection (1), or
(b) delegate to a coroner who is not a Deputy State Coroner the exercise of any jurisdiction conferred or imposed on the State Coroner by Division 2 of Part 3.2.
(cf Coroners Act 1980, ss 4D and 4F(1))
The functions of the State Coroner are—
(a) to oversee and co-ordinate coronial services in the State, and
(b) to ensure that all deaths, suspected deaths, fires and explosions concerning which a coroner has jurisdiction to hold an inquest or inquiry are properly investigated, and
(c) to ensure that an inquest or inquiry is held whenever it is required by this Act to be held or it is, in the State Coroner’s opinion, desirable that it be held, and
(d) to issue guidelines to coroners to assist them in the exercise or performance of their functions, and
(e) to exercise such other functions as are conferred or imposed on the State Coroner by or under this or any other Act.
The State Coroner is, in the exercise of a function under this section, subject to the control and direction of the Chief Magistrate.
The functions of a Deputy State Coroner are—
(a) to exercise any functions delegated to the Deputy State Coroner by the State Coroner, and
(b) to exercise such other functions as are conferred or imposed on a Deputy State Coroner by or under this or any other Act.
The State Coroner and each Deputy State Coroner is to support and assist the Domestic Violence Death Review Team in the exercise of its functions under Chapter 9A.
The State Coroner or a Deputy State Coroner may be appointed as Convenor of the Team under section 101E.
(cf Coroners Act 1980, s 4G(1))
The State Coroner may issue general directions to coroners requiring them to give to the State Coroner information they receive concerning deaths, suspected deaths, fires or explosions.
(cf Coroners Act 1980, ss 5 and 6)
The Governor may, by instrument in writing on the recommendation of the Minister, appoint any qualified person to be a coroner.
A person is qualified to be appointed as a coroner only if the person is an Australian lawyer.
An instrument of appointment may provide that the person appointed as a coroner is appointed for such period (if any) as may be specified in the instrument.
A person who is aged 72 years old or older may not be appointed as a coroner unless—
(a) the Minister recommends to the Governor that the person’s appointment is appropriate, and
(b) the appointment is made for such term (not exceeding 3 years) as is specified in the person’s instrument of appointment.
A coroner appointed as provided by subsection (4) is eligible for re-appointment from time to time as provided by that subsection.
The Governor may, for any cause that seems to the Governor sufficient, remove any coroner appointed under this section from office.
Parts 2 and 3 of Schedule 1 contain general provisions dealing with the vacation of the office of a coroner appointed under this section, remuneration and the effect of an appointment to such an office on other offices held by the person appointed.
(cf Coroners Act 1980, s 5A(1) and (2))
The Minister may, by instrument in writing, appoint a person employed in the Department of Communities and Justice to be an assistant coroner.
An instrument of appointment may provide that the person appointed as an assistant coroner is appointed for such period (if any) as may be specified in the instrument.
The Minister may, for any cause that seems to the Minister sufficient, remove any assistant coroner from office.
Parts 2 and 3 of Schedule 1 contain general provisions dealing with the vacation of the office of an assistant coroner, remuneration and the effect of an appointment to such an office on other offices held by the person appointed.
(cf Coroners Act 1980, s 8)
A coroner appointed under this Act—
(a) has all the jurisdiction and functions conferred or imposed on coroners by or under this Act, but
(b) does not have any of the jurisdiction or functions of the State Coroner or a Deputy State Coroner unless appointed to such an office under this Act.
(cf Coroners Act 1980, s 9)
An assistant coroner has the following functions—
(a) the function of providing administrative assistance to a coroner under the control and direction of the coroner,
(b) such of the following functions as may be delegated in writing to the assistant coroner by the State Coroner—
(i) the function of issuing orders for the disposal of the remains of deceased persons,
(ii) the function of issuing post mortem investigation directions,
(iii) the function of dispensing with the holding of inquests if death results from natural causes,
(iv) the function of dispensing with the holding of inquiries if a fire or explosion does not occur in suspicious circumstances,
(v) the function of dispensing with the holding of inquiries if a fire involved only a motor vehicle,
(c) such other functions as may be conferred or imposed on an assistant coroner by or under this or any other Act.
Section 49 of the Interpretation Act 1987 contains general provisions relating to the delegation of functions.
An assistant coroner cannot hold an inquest or inquiry and the function of holding an inquest or inquiry cannot be delegated to an assistant coroner by the State Coroner.
This section does not authorise an assistant coroner to exercise any function conferred or imposed on a coroner, except as specifically provided for by delegation under this section or by this or any other Act.
(cf Coroners Act 1980, ss 6A(4) and 10)
A Magistrate who has not been appointed to any of the offices of State Coroner, Deputy State Coroner or coroner under this Act—
(a) has, by virtue of his or her office as a Magistrate, all of the jurisdiction and functions that are conferred or imposed on coroners by or under this or any other Act, and
(b) is taken to be a coroner,
but does not have any of the jurisdiction or functions of the State Coroner or a Deputy State Coroner.
A Magistrate who is taken to be a coroner by reason of the operation of subsection (1) ceases to have the jurisdiction and functions of a coroner, and ceases to be taken to be a coroner, on ceasing to be a Magistrate.
Despite anything to the contrary in this Act, the Chief Magistrate may (but need not) comply with any direction given by the State Coroner under this Act in relation to the exercise by the Chief Magistrate of any function conferred or imposed on the Chief Magistrate by operation of subsection (1).
In this Chapter—
(a) Part 3.2 confers jurisdiction on coroners to hold inquests concerning certain deaths and suspected deaths of persons, and
(b) Part 3.3 confers jurisdiction on coroners to hold inquiries concerning certain fires and explosions that do not involve deaths or suspected deaths, and
(c) Part 3.4 deals with miscellaneous matters relating to the exercise of any such jurisdiction.
Subject to this Act, the jurisdiction conferred by this Chapter extends to deaths, suspected deaths, fires and explosions occurring before the commencement of this section.
Section 19 provides that there is no jurisdiction to hold an inquest concerning a death or suspected death if it occurred more than 100 years ago. Also, Part 2 of Schedule 2 makes savings and transitional arrangements in connection with inquests and inquiries concerning deaths, suspected deaths, fires and explosions occurring before the commencement of this Act.
(cf Coroners Act 1980, s 13C)
A coroner does not have jurisdiction to hold an inquest concerning a death or suspected death unless it appears to the coroner that—
(a) the remains of the person are in the State, or
(b) the death or suspected death or the cause of the death or of the suspected death occurred in the State, or
(c) the death or suspected death occurred outside the State but the person had a sufficient connection with the State, as referred to in subsection (2).
A person had a sufficient connection with the State if the person—
(a) was ordinarily resident in the State when the death or suspected death occurred, or
(b) was, when the death or suspected death occurred, in the course of a journey to or from some place in the State, or
(c) was last at some place in the State before the circumstances of his or her death or suspected death arose.
(cf Coroners Act 1980, s 13B)
A coroner does not have jurisdiction to hold an inquest concerning a death or suspected death unless it appears to the coroner that (or that there is reasonable cause to suspect that) the death or suspected death occurred within the last 100 years.
Any jurisdiction of a coroner to hold an inquest concerning a death or suspected death, or an inquiry concerning a fire or explosion, arises even if the death, suspected death, fire or explosion has not been reported to a coroner or other person in accordance with a requirement to do so under this Act.
(cf Coroners Act 1980, s 13)
A coroner has jurisdiction to hold an inquest concerning the death or suspected death of a person if it appears to the coroner that—
(a) the person’s death is (or there is reasonable cause to suspect that the person’s death is) a reportable death, or
(b) a medical practitioner has not given (or there is reasonable cause to suspect that a medical practitioner has not given) a certificate as to the cause of death.
The reference to a medical practitioner in subsection (1)(b) includes, if it appears to the coroner that the death or suspected death occurred at a place outside the State, a reference to a person entitled under the law in force in that place to issue a certificate as to the cause of death.
(cf Coroners Act 1980, ss 13A(2) and 13AB(2))
The jurisdiction conferred by this Division is conferred exclusively on any coroner who holds office as the State Coroner or a Deputy State Coroner (a
If jurisdiction to hold an inquest concerning a death or suspected death arises both under this Division and Division 1, an inquest concerning the death or suspected death may be held only by a senior coroner.
(cf Coroners Act 1980, s 13A(1))
A senior coroner has jurisdiction to hold an inquest concerning the death or suspected death of a person if it appears to the coroner that the person has died (or that there is reasonable cause to suspect that the person has died)—
(a) while in the custody of a police officer or in other lawful custody, or
(b) while escaping, or attempting to escape, from the custody of a police officer or other lawful custody, or
(c) as a result of police operations, or
(d) while in, or temporarily absent from, any of the following institutions or places of which the person was an inmate—
(i) a detention centre within the meaning of the Children (Detention Centres) Act 1987,
(ii) a correctional centre within the meaning of the Crimes (Administration of Sentences) Act 1999,
(iii) a lock-up, or
(e) while proceeding to an institution or place referred to in paragraph (d), for the purpose of being admitted as an inmate of the institution or place and while in the company of a police officer or other official charged with the person’s care or custody.
In this section—
(cf Coroners Act 1980, s 13AB(1), (3) and (4))
A senior coroner has jurisdiction to hold an inquest concerning the death or suspected death of a person if it appears to the coroner that the person was (or that there is reasonable cause to suspect that the person was)—
(a) a child in care, or
(b) a child in respect of whom a report was made under Part 2 of Chapter 3 of the Children and Young Persons (Care and Protection) Act 1998 within the period of 3 years immediately preceding the child’s death, or
(c) a child who is a sibling of a child in respect of whom a report was made under Part 2 of Chapter 3 of the Children and Young Persons (Care and Protection) Act 1998 within the period of 3 years immediately preceding the child’s death, or
(d) a child whose death is or may be due to abuse or neglect or that occurs in suspicious circumstances, or
(e) a person (whether or not a child) who, at the time of the person’s death, was living in, or was temporarily absent from, specialist disability accommodation or an assisted boarding house, or
(f) a person, other than a child in care, who—
(i) is a person in the relevant group, and
(ii) receives assistance of a kind prescribed by the regulations from a service provider to enable the person to live independently in the community.
If jurisdiction to hold an inquest concerning the death of a child arises under this section or section 23, the senior coroner must use his or her best endeavours to notify the following persons of any right that they have to legal representation at the inquest—
(a) the persons having parental responsibility for the child,
(b) the child’s parents (if they do not have that responsibility),
(c) such family members as would be reasonably expected to have an immediate interest in the outcome of the inquest.
In this section—
(a) premises that would be an assisted boarding house within the meaning of that Act but for an exemption for the premises granted under section 40 of, or given by the regulations under, that Act, and
(b) premises that were a residential centre for disabled persons (within the meaning of this section before it was amended by that Act) at the time of the death concerned.
(a) who is under the parental responsibility of the Minister administering the Children and Young Persons (Care and Protection) Act 1998, or
(b) for whom the Secretary of the Department of Family and Community Services or a designated agency has the care responsibility under section 49 of the Children and Young Persons (Care and Protection) Act 1998, or
(c) who is a protected person within the meaning of section 135A of the Children and Young Persons (Care and Protection) Act 1998, or
(d) who is the subject of an out-of-home care arrangement under the Children and Young Persons (Care and Protection) Act 1998 or the Children’s Guardian Act 2019, or
(d1) who is in specialised substitute residential care within the meaning of the Children’s Guardian Act 2019, or
(e) who is the subject of a sole parental responsibility order under section 149 of the Children and Young Persons (Care and Protection) Act 1998, or
(f) who is otherwise in the care of a service provider.
(a) enrolled under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020 of the Commonwealth, section 26, and
(b) that is, or is a type of premises, prescribed by the regulations to be specialist disability accommodation, and
(c) that is not, or is not a type of premises, prescribed by the regulations to not be specialist disability accommodation.
For this Act, a
(a) is attributable to an intellectual, cognitive, neurological, psychiatric, sensory or physical impairment, or a combination of those impairments, and
(b) is permanent or likely to be permanent, and
(c) results in a significant reduction in the person’s functional capacity in one or more areas of major life activity, including, for example, communication, social interaction, learning, mobility, decision-making, self-care and self-management, and
(d) results in the need for support, whether or not of an ongoing nature.
To avoid doubt, each of the following persons, within the meaning of the Mental Health Act 2007, is a person in the relevant group if the person has a disability referred to in subsection (1)—
(a) an involuntary patient or a forensic patient,
(b) a person subject to a community treatment order,
(c) a person under detention in a mental health facility.
A person in the relevant group includes a child under 6 years of age who has developmental delay within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth.
To avoid doubt, a person with a permanent disability is a person in the relevant group even if the severity of the person’s impairment because of the disability may diminish over time or the person’s condition may improve.
In this section—
(a) help the person undertake the person’s day to day activities,
(b) increase the person’s independence,
(c) facilitate the person’s social and economic inclusion in the community.
(cf Coroners Act 1980, s 14)
A coroner who has jurisdiction to hold an inquest concerning the death or suspected death of a person may dispense with the inquest unless an inquest is required to be held under this Part.
Without limiting subsection (1), a coroner who has jurisdiction to hold an inquest concerning the death of a person may dispense with the inquest if the coroner is satisfied (after obtaining relevant advice from police officers and medical practitioners and consulting with a senior next of kin of the deceased person and any other person that the coroner considers appropriate) that—
(a) the deceased person died of natural causes (whether or not the precise cause of death is known), and
(b) a senior next of kin of the deceased person has indicated to the coroner that it is not the wish of the deceased person’s family that a post mortem examination be conducted on the deceased to determine the precise cause of the deceased’s death.
A coroner who has previously dispensed with the holding of an inquest concerning a death or suspected death may subsequently hold an inquest concerning the death or suspected death if the coroner is of the opinion that the discovery of new evidence or facts makes it necessary or desirable in the interests of justice to hold the inquest.
(cf Coroners Act 1980, s 14D)
A coroner who dispenses with an inquest must, on request by any of the following persons, give the person the coroner’s written reasons for dispensing with an inquest—
(a) the State Coroner,
(b) the Minister,
(c) any person who, in the opinion of the coroner, has a sufficient interest of any kind in the circumstances of the death or suspected death.
A coroner who refuses a request to give reasons because the person making it does not, in the opinion of the coroner, have a sufficient interest of any kind in the circumstances of the death or suspected death, is required, at the written request of the person, to give the person the reasons for the refusal.
(cf Coroners Act 1980, s 14B)
An inquest concerning the death or suspected death of a person is required to be held in any of the following circumstances—
(a) if it appears to the coroner concerned that the person died or might have died as a result of homicide (not including suicide),
(b) if the jurisdiction to hold the inquest arises under section 23,
(c) if it appears to the coroner concerned that—
(i) it has not been sufficiently disclosed whether the person has died, or
(ii) the person’s identity and the date and place of the person’s death have not been sufficiently disclosed,
(d) if it appears to the coroner concerned that the manner and cause of the person’s death have not been sufficiently disclosed (unless the case is one in which an inquest has been suspended or continued under section 78).
An inquest is not required to be held under this section if it appears to the coroner concerned that an inquest or other official inquiry concerning the death or suspected death has been held, or is to be held, outside the State.
(cf Coroners Act 1980, s 14A)
An inquest is required to be held if the Minister or the State Coroner directs that it be held.
(cf Coroners Act 1980, s 14E)
If a coroner has dispensed with an inquest, the State Coroner may (after considering the coroner’s reasons for dispensing with the inquest and any other matters that the State Coroner considers relevant) direct a coroner to hold the inquest if the State Coroner is of the opinion that an inquest should nonetheless be held.
An inquest is to be held in accordance with the direction.
The State Coroner is not to give such a direction to a coroner who is a Magistrate (other than the coroner who dispensed with the holding of the inquest) without the Chief Magistrate’s consent.
The State Coroner may hold the inquest instead of directing another coroner to hold the inquest.
(cf Coroners Act 1980, s 15(1))
A coroner has jurisdiction to hold an inquiry concerning the cause and origin of a fire or explosion if the coroner is satisfied that the fire or explosion has destroyed or damaged any property within the State.
A coroner has jurisdiction to hold a general inquiry concerning a fire or explosion that has destroyed or damaged any property within the State, but only if the State Coroner gives a direction under this Part that such a general inquiry be held.
The jurisdiction of a coroner to hold a general inquiry concerning a fire or explosion extends to the examination of all of the circumstances concerning the fire or explosion (including, but not limited to, an examination of its cause and origin).
(cf Coroners Act 1980, ss 15(2) and 15A(1))
A coroner who has jurisdiction to hold an inquiry concerning a fire or explosion may, unless an inquiry is required to be held under this Part, dispense with the inquiry if the coroner is of the opinion that—
(a) the cause and origin of the fire or explosion are sufficiently disclosed, or
(b) an inquiry into the cause and origin of the fire or explosion is unnecessary.
A coroner who dispenses with the holding of an inquiry must, if requested to do so by the State Coroner, give the State Coroner written reasons for doing so.
A coroner who has previously dispensed with the holding of an inquiry concerning a fire or explosion may subsequently hold an inquiry concerning the fire or explosion if the coroner is of the opinion that the discovery of new evidence or facts makes it necessary or desirable in the interests of justice to hold the inquiry.
(cf Coroners Act 1980, ss 15(3), 15A(2)–(5) and 15B)
A coroner is required to hold an inquiry concerning the cause and origin of a fire or explosion that has destroyed or damaged property within the State if—
(a) the coroner has been requested to hold the inquiry by an authorised public official, or
(b) the State Coroner gives a direction under this section that the coroner hold the inquiry.
The State Coroner may direct that a coroner hold an inquiry concerning the cause and origin of a fire or explosion that has destroyed or damaged property within the State if—
(a) in the case where a coroner has dispensed with the holding of an inquiry—the State Coroner, after considering the coroner’s reasons for dispensing with the inquiry and any other matters that the State Coroner considers relevant, is of the opinion that an inquiry should nonetheless be held, or
(b) in any other case—the State Coroner is of the opinion that the inquiry should be held.
A coroner is required to hold a general inquiry concerning a fire or explosion that has destroyed or damaged property within the State if the State Coroner gives a direction under this section for such a general inquiry to be held.
The State Coroner must direct that a coroner hold a general inquiry concerning a fire or explosion that has destroyed or damaged property within the State if—
(a) an authorised public official has made a request to the State Coroner for a general inquiry to be held, or
(b) the State Coroner is of the opinion that a general inquiry should be held.
An inquiry is to be held in accordance with the direction.
The State Coroner is not to give such a direction to a coroner who is a Magistrate (other than a coroner who dispensed with the holding of the inquiry) without the Chief Magistrate’s consent.
The State Coroner may hold the inquiry instead of directing another coroner to hold the inquiry.
In this section—
(a) if the fire or explosion occurred in a fire district within the meaning of the Fire and Rescue NSW Act 1989—the Commissioner of New South Wales Fire Brigades,
(b) if the fire is a bush fire within the meaning of the Rural Fires Act 1997—the Commissioner of the NSW Rural Fire Service,
(c) the Minister.
(cf Coroners Act 1980, s 16)
If a coroner is unavailable to hold an inquest or inquiry concerning a death, suspected death, fire or explosion of which the coroner has been informed, the coroner may, with the consent of another coroner (and subject to any direction given by the State Coroner under this section), refer the matter to the other coroner to be dealt with.
If the State Coroner is satisfied that a coroner is unavailable to hold an inquest or inquiry concerning a death, suspected death, fire or explosion of which the coroner has been informed, the State Coroner may direct that another coroner hold the inquest or inquiry.
The State Coroner is not to give such a direction to a coroner who is a Magistrate without the Chief Magistrate’s consent.
For the purposes of this section, a coroner is
(a) illness,
(b) absence from the place where the coroner ordinarily acts as coroner,
(c) the coroner is unable or unwilling to deal with the matter for any other non-jurisdictional reason.
This section does not apply in relation to a coroner who, under this Act, dispenses with the holding of an inquest or inquiry.
(cf Coroners Act 1980, s 16A)
A coroner must, for the purpose of enabling registration of the death of a person to be effected or completed, give written notice to the Registrar of Births, Deaths and Marriages of such particulars as are known to the coroner relating to the death of the person if the coroner—
(a) holds an inquest concerning the death, or
(b) dispenses with the holding of an inquest concerning the death, or
(c) suspends an inquest concerning the death.
If a coroner is satisfied (whether before or during an inquest concerning the death of a person) that there will be a delay in concluding the inquest and that the coroner is able, on the basis of such evidence as the coroner considers sufficient, to determine the particulars relating to the death of the person, the coroner may, for the purpose of enabling registration of the death of the person to be effected or completed, make that determination and give written notice of the determination to the Registrar of Births, Deaths and Marriages.
A notice under this section must not include any matter that incriminates any person.
For the purposes of this section,
(a) the identity of the deceased person, and
(b) the date, place and cause of death of the deceased person.
(cf Coroners Act 1980, s 12A(1)–(2A) and (3))
This section applies to any person who has reasonable grounds to believe that a death or suspected death of another person—
(a) is a reportable death or occurred in circumstances that would be examinable under Division 2 of Part 3.2, and
(b) has not been reported in accordance with subsection (2).
A person to whom this section applies must report the death or suspected death concerned to a police officer, a coroner or an assistant coroner as soon as possible after becoming aware of the grounds referred to in subsection (1).
Maximum penalty (subsection (2)): 10 penalty units.
A police officer to whom a death or suspected death is reported under this section is required to report the death or suspected death to a coroner or assistant coroner as soon as possible after the report is made.
An assistant coroner to whom a death or suspected death is reported under this section is required to report the death or suspected death to a coroner as soon as possible after the report is made.
A coroner to whom a death or suspected death is reported under this section is required to inform the State Coroner of the report as soon as practicable after the report is made.
(cf Coroners Act 1980, s 12A(3A) and (3B))
The State Coroner is to provide the Ombudsman with all relevant material held by the State Coroner relating to—
(a) any death or suspected death of a person in any of the circumstances referred to in section 24(1), or
(b) any death of a person who is less than 18 years old in the circumstances referred to in section 23(1)(d).
The State Coroner is to provide the Commissioner of the NDIS Quality and Safeguards Commission under the National Disability Insurance Scheme Act 2013 of the Commonwealth with all relevant material held by the State Coroner relating to any death or suspected death of a person in the circumstances referred to in section 24(1)(e) or (f).
The relevant material is to be provided as soon as practicable after—
(a) a decision is made not to hold an inquest concerning the death or suspected death, or
(b) if an inquest is held—the conclusion or suspension of the inquest.
The requirements of this section are in addition to any requirements of Part 6 of the Community Services (Complaints, Reviews and Monitoring) Act 1993.
(cf Coroners Act 1980, s 12A(4)–(8))
The State Coroner is to make a written report to the Minister containing a summary of the details of the deaths or suspected deaths that—
(a) the State Coroner has been informed about under section 35 or 38, and
(b) appear to the State Coroner to involve the death or suspected death of a person in circumstances referred to in section 23.
A report under subsection (1) is to be made for the period of 12 months commencing on 1 January of each year. A report is to be made within 4 months after the end of the period to which it relates.
The Minister is to cause a copy of the report made to the Minister under subsection (1) to be tabled in each House of Parliament within 21 days after the report is made.
If a House of Parliament is not sitting when the Minister seeks to cause a copy of the report to be tabled before it, the Minister is to cause a copy of the report to be presented to the Clerk of that House of Parliament.
A copy of the report presented to the Clerk of a House of Parliament under this section—
(a) is, on presentation and for all purposes, taken to have been laid before the House, and
(b) may be printed by authority of the Clerk of the House, and
(c) if so printed, is taken to be a document published by or under the authority of the House, and
(d) is to be recorded—
(i) in the case of the Legislative Council—in the Minutes of the Proceedings of the Legislative Council, and
(ii) in the case of the Legislative Assembly—in the Votes and Proceedings of the Legislative Assembly,
on the first sitting day of the House after receipt of the copy of the report by the Clerk.
(cf Coroners Act 1980, ss 12A(2), (2A) and (3) and 12B)
A medical practitioner must not give a certificate as to the cause of death of a person for the purposes of notification of the cause of death under the Births, Deaths and Marriages Registration Act 1995 if the medical practitioner is of the opinion that—
(a) the person’s death is a reportable death, or
(b) the person died in circumstances that would be examinable under Division 2 of Part 3.2.
Despite subsection (1), a medical practitioner may give a certificate as to the cause of death of a person if the medical practitioner is of the opinion that the person—
(a) was aged 72 years old or older, and
(b) died in circumstances other than in any of the circumstances referred to in paragraphs (b)–(f) of the definition of
reportable death in section 6(1) or in section 23 or 24(1), and(c) died after sustaining an injury from an accident, being an accident that was attributable to the age of that person, contributed substantially to the death of the person and was not caused by an act or omission by any other person.
A medical practitioner may not certify the cause of death of a person in accordance with subsection (2) if, before the certificate is given, a relative of the deceased person indicates to the medical practitioner that he or she objects to the giving of the certificate.
If a medical practitioner certifies the cause of death of a person in accordance with subsection (2), the certificate must state that it is given in pursuance of that subsection.
A medical practitioner who is prevented from certifying the cause of death of a person because of this section must, as soon as practicable after the death, report that death to a police officer.
A police officer to whom a death is reported under this section is required to report the death to a coroner or assistant coroner as soon as possible after the report is made.
An assistant coroner to whom a death is reported under this section is required to report the death to a coroner as soon as possible after the report is made.
A coroner to whom a death is reported under this section is required to inform the State Coroner of the report as soon as practicable after the report is made.
(cf Coroners Act 1980, s 23C)
In this Chapter—
(cf Coroners Act 1980, s 23D)
If a coroner considers that an investigation should, for the purposes of an inquest or inquiry, be carried out at a particular place, a coroner may issue an order (a
(a) establish a coronial investigation scene at a specified place, and
(b) exercise coronial investigation scene powers in accordance with this Chapter, and
(c) enter and stay at the place for those purposes.
A coronial investigation scene order may be made—
(a) before the commencement of an inquest or inquiry, or
(b) after the commencement but before the completion of an inquest or inquiry.
This Chapter applies to a place of any kind, whether or not a public place.
A person acting under the authority of a coronial investigation scene order may, for the purposes of exercising coronial investigation scene powers, obtain the assistance of any other person.
A coronial investigation scene order authorises a police officer or other person specified in the order (or a person assisting the person acting under the authority of the order) to enter any place referred to in that order.
A copy of a telephone coronial investigation scene order is to be provided to the police officer or other person to whom it is issued.
In this section—
(cf Coroners Act 1980, s 23E)
A police officer or other person may establish a coronial investigation scene at a place pursuant to a coronial investigation scene order in any way that is reasonably appropriate in the circumstances.
A police officer or other person who establishes a coronial investigation scene must, if reasonably appropriate in the circumstances, give the public notice that the place is a coronial investigation scene.
(cf Coroners Act 1980, s 23F)
A police officer or other person may exercise any of the coronial investigation scene powers if—
(a) a coronial investigation scene has been established, and
(b) the police officer or other person exercising the power suspects on reasonable grounds that it is necessary to do so to preserve evidence relevant to an investigation by the coroner.
A police officer or other person may exercise the coronial investigation scene powers for the period of time specified in the coronial investigation scene order concerned.
(cf Coroners Act 1980, s 23G)
A police officer or other person may, in accordance with this Chapter and a coronial investigation scene order, exercise the following functions at, or in relation to, a coronial investigation scene—
(a) direct a person to leave the coronial investigation scene or remove a vehicle, vessel or aircraft from the coronial investigation scene,
(b) remove from the coronial investigation scene a person who fails to comply with a direction to leave the coronial investigation scene or a vehicle, vessel or aircraft a person fails to remove from the coronial investigation scene,
(c) direct a person not to enter the coronial investigation scene,
(d) prevent a person from entering a coronial investigation scene,
(e) prevent a person from removing evidence from, or otherwise interfering with, the coronial investigation scene or anything in it and, for that purpose, detain and search the person,
(f) remove or cause to be removed an obstruction from the coronial investigation scene,
(g) perform any necessary investigation, including, for example, search the coronial investigation scene and inspect anything in it to obtain evidence in relation to the inquest or inquiry,
(h) for the purpose of performing any necessary investigation, conduct any examination or process,
(i) open anything at the coronial investigation scene that is locked,
(j) take electricity, gas or any other utility, for use at the coronial investigation scene,
(k) direct the occupier of the place or a person apparently involved in the management or control of the place to maintain a continuous supply of electricity at the place,
(l) photograph or otherwise record the coronial investigation scene and anything in it,
(m) seize and detain all or part of a thing that might provide evidence in relation to the inquest or inquiry or provide evidence of the commission of an offence,
(n) dig up anything at the coronial investigation scene,
(o) remove wall or ceiling linings or floors of a building, or panels of a vehicle,
(p) take possession of the remains of a deceased person on behalf of the coroner, including body tissue, clothing and items apparently in the possession of the deceased person,
(q) remove or cause the removal of the remains of a deceased person to any location nominated by the coroner,
(r) any other function reasonably necessary or incidental to a function conferred by this section.
The power conferred by this section to seize and detain a thing includes—
(a) a power to remove the thing from the coronial investigation scene when it is found, and
(b) a power to guard the thing in or on the coronial investigation scene.
Nothing in this Chapter prevents a police officer or other person who is lawfully at a place from exercising a coronial investigation scene power or doing any other thing, if the occupier of the place consents.
(cf Coroners Act 1980, s 23H)
A person must not, on production to the person of a coronial investigation scene order, obstruct or hinder the person to whom the order was issued in the exercise of his or her powers under this Chapter arising by virtue of the order.
Maximum penalty—100 penalty units or imprisonment for 2 years, or both.
(cf Coroners Act 1980, s 23I)
Nothing in this Chapter limits any power that a police officer or other person has apart from this Chapter to enter a place or to do any other thing when at the place.
In this Act,
Without limiting subsection (1), coronial proceedings include the following—
(a) the holding of an inquest or inquiry,
(b) proceedings to determine whether or not to hold, or to continue to hold, an inquest or inquiry,
(c) proceedings of an interlocutory or similar nature (including proceedings to deal with evidential matters or case management issues).
(cf Coroners Act 1980, s 30)
Any hearing conducted in coronial proceedings is to be open to the public, except as provided by this section and section 74.
See also section 74 for situations in which a coroner may order all or any persons to go and remain outside the room or building in which coronial proceedings are being heard.
Nothing in subsection (1) prevents a coroner hearing coronial proceedings in a room or building that is not open to the public (such as a room or building in a correctional centre, hospital, private residence or other place not normally open to the public) if the coroner is of the opinion that special circumstances make it necessary or desirable to do so.
In such a case, the coroner is to note on the record of the proceedings the special circumstances that in the coroner’s opinion make such a course of action necessary or desirable.
(cf Coroners Act 1980, ss 18 and 28)
Coronial proceedings are to be conducted without a jury, except as provided by subsection (2).
An inquest or inquiry is to be held before a coroner with a jury if the State Coroner directs it.
The State Coroner may direct that an inquest or inquiry be held before a coroner with a jury only if—
(a) the State Coroner is to act as the coroner for the inquest or inquiry, and
(b) the State Coroner considers that there are sufficient reasons to justify the inquest or inquiry being held with a jury.
An inquest or inquiry that would, but for this subsection, be held before a coroner and a jury at a place that is not a place for which a jury district is constituted under the Jury Act 1977 is to be held at the nearest place for which there is a jury district constituted.
The State Coroner must notify the Sheriff of the need for a jury for an inquest or inquiry as soon as practicable after the State Coroner gives a direction under this section that the inquest or inquiry is to be held before a jury.
Subject to any relevant practice notes, a coroner in coronial proceedings may give such directions as the coroner thinks fit for the speedy determination of the real issues with which the proceedings are concerned.
In particular, the coroner may do any one or more of the following—
(a) direct relevant persons in the proceedings to take specified steps in relation to the proceedings,
(b) direct relevant persons in the proceedings as to the time within which specified steps in the proceedings must be completed,
(c) give such other directions with respect to the conduct of proceedings as the coroner considers appropriate.
In this section, a
(a) any person who is appearing in the proceedings personally,
(b) any person who is being represented in the proceedings,
(c) any person who is acting as a representative of another person in the proceedings,
(d) any person assisting the coroner in conducting the proceedings.
(cf Coroners Act 1980, s 17A)
The State Coroner may do any one or more of the following—
(a) give directions requiring a specified coroner to conduct coronial proceedings that have not yet commenced,
(b) personally assume the jurisdiction to conduct particular coronial proceedings,
(c) direct that a specified coroner assume the jurisdiction to hold particular coronial proceedings from another coroner in circumstances where the other coroner has been informed of the matter that gives rise to the jurisdiction,
(d) direct that a coroner from whom jurisdiction has been assumed (the
former coroner ) following a direction under paragraph (c) is to provide the coroner who assumes the jurisdiction with all relevant information concerning the matter that the former coroner has received.
The State Coroner may only give a direction concerning the assumption of a coroner’s jurisdiction before the coroner—
(a) decides to dispense with the holding of an inquest or inquiry, or
(b) commences an inquest or inquiry in exercise of that jurisdiction.
The State Coroner is not to give a direction to a coroner who is a Magistrate to assume jurisdiction without the Chief Magistrate’s consent.
(cf Coroners Act 1980, ss 17B and 17C)
The State Coroner may give to a coroner directions concerning investigations to be carried out for the purposes of any coronial proceedings or proposed coronial proceedings.
A coroner may give a police officer directions concerning investigations to be carried out for the purposes of coronial proceedings or proposed coronial proceedings.
The Secretary of the Department of Communities and Justice may enter into a memorandum of understanding with the Commissioner of Police in relation to the regulation of costs associated with the carrying out of investigations by police officers pursuant to directions under this section.
The memorandum of understanding may be amended, revoked or replaced from time to time.
The functions of giving directions under subsection (2) and carrying out investigations pursuant to such directions must, as far as practicable, be exercised in conformity with the memorandum of understanding. However, a failure to comply with this subsection does not itself invalidate anything done by a coroner or police officer.
The State Coroner may—
(a) issue practice notes for or with respect to the practice and procedure to be followed in coronial proceedings, and
(b) approve forms for use in coronial proceedings.
The State Coroner may not issue a practice note under this section without the Chief Magistrate’s approval.
A practice note—
(a) must be published in the Gazette, and
(b) takes effect on the day on which it is published in the Gazette or, if a later day or days are specified in the practice note for that purpose, on the later day or days so specified.
A practice note issued under this section may be amended or repealed by a further practice note issued under this section.
Subject to subsection (6), sections 40 and 41 of the Interpretation Act 1987 apply to a practice note issued under this section in the same way as they apply to a statutory rule.
For the purpose of applying section 40 of the Interpretation Act 1987 to a practice note issued under this section, a reference in that section to the publication of a statutory rule is to be read as a reference to the publication of the practice note as provided by subsection (3).
(cf Coroners Act 1980, s 14F)
For the purpose of assisting a coroner in the investigation of a death, suspected death, fire or explosion, the coroner may, by notice in writing served on a person, direct the person to produce a document or other thing to the coroner or another person specified in the notice at a time and place specified in the notice.
The power to give such a direction includes (without limitation)—
(a) the power to direct that a document be produced relating to the medical care or treatment of a person, and
(b) the power to direct a person to provide any tissue in the person’s possession or under the person’s control that was taken from a deceased person before his or her death.
The coroner is to withdraw a direction under this section if it appears to the coroner that—
(a) any person would be entitled on grounds of privilege to refuse to produce the document or other thing in a court of law, and
(b) the person does not consent to compliance with the direction.
A natural person is excused from producing a document or other thing under this section on the ground that it may tend to incriminate the person, unless the document relates to the medical care or treatment of a person, in which case the person is not excused from producing it.
A person must not, without reasonable excuse, fail to comply with a notice served on the person under this section.
Maximum penalty (subsection (5)): 10 penalty units.
If a direction under this section requires the production of a document, the production of a copy of the document is taken to be sufficient compliance with the direction unless the direction expressly requires the production of the original document.
Nothing in this section limits any other power that a coroner may have under this Act to obtain evidence.
(cf Coroners Act 1980, s 17)
If an inquest or inquiry is to be held under this Act by a coroner, the coroner—
(a) must fix a time and place for the commencement of the inquest or inquiry, and
(b) must give particulars of the time and place to any person who has given notice in writing to the coroner of his or her intention to seek leave to appear or to be represented at the inquest or inquiry, and
(c) in the case of an inquest concerning the death or suspected death of a person—must give particulars of the time and place to the person’s next of kin if the coroner has been informed of the name and address of the next of kin, and
(d) may give particulars of the time and place to any person who has, in the opinion of the coroner, a sufficient interest in the subject-matter of the inquest or inquiry.
Without limiting subsection (1)(b), (c) or (d), the particulars that are to be given under any of those paragraphs are taken to be given if a notice specifying the particulars is sent by post to the person to whom the particulars are to be given.
(cf Coroners Act 1980, s 29)
A coroner may (but need not) view the remains of a deceased person, or the scene of a fire or explosion, with which coronial proceedings are concerned if the coroner considers it advisable to do so.
If an inquest or inquiry is being held before a jury, the coroner may (but need not) allow the jury to view the remains of the deceased person, or the scene of the fire or explosion, with which the inquest or inquiry is concerned.
(cf Coroners Act 1980, s 24)
A coroner has a right to take possession of and retain the remains of a deceased person whenever the coroner has jurisdiction to hold or is holding an inquest concerning the death or suspected death of the person.
This right of the coroner has priority over any other right to possession of the remains of a person but otherwise does not affect any other such right.
This section does not prevent the making of an order by a coroner under section 101 or the disposal of the remains of a deceased person in accordance with such an order.
This section does not limit any rights that the coroner has apart from this Act.
(cf Coroners Act 1980, s 32(1) and (2))
The coroner in coronial proceedings may grant leave to any person, who in the opinion of the coroner has a sufficient interest in the subject-matter of the proceedings, to appear in person in the proceedings or to be represented by an Australian legal practitioner.
Any person granted such leave may examine and cross-examine any witnesses on matters relevant to the proceedings.
A coroner holding an inquest concerning the death or suspected death of a person must grant leave under subsection (1) to any person who is a relative of the deceased person (or suspected deceased person) unless the coroner is satisfied that there are exceptional circumstances that justify the coroner refusing leave.
If an inquest or inquiry is held before a jury—
(a) a person appearing, and an Australian legal practitioner representing a person, at the inquest or inquiry is entitled to make an opening and a closing address to the jury, and
(b) the person assisting the coroner may make an opening and a closing address to the jury and in addition has a right of reply in respect of any closing address made pursuant to paragraph (a).
(cf Coroners Act 1980, s 33)
A coroner in coronial proceedings is not bound to observe the rules of procedure and evidence that are applicable to proceedings before a court of law.
Except as otherwise provided by this Act, a witness in coronial proceedings who is a natural person cannot be compelled to answer any question or produce any document that might tend—
(a) to incriminate the witness for an offence against or arising under an Australian law or a law of a foreign country, or
(b) to make the witness liable to a civil penalty.
(cf Coroners Act 1980, s 31)
The coroner in coronial proceedings may examine on oath or affirmation all persons who—
(a) tender evidence relevant to the proceedings, or
(b) are able, in the opinion of the coroner, to give evidence relevant to the proceedings.
For the purposes of subsection (1), the coroner—
(a) may require a person who appears in the proceedings to give evidence to take an oath or to make an affirmation in a form approved by the coroner, and
(b) may administer an oath to, or take an affirmation from, a person appearing in the proceedings.
(cf Coroners Act 1980, s 31A)
A person granted leave to appear or be represented in coronial proceedings may apply to the coroner to have a particular person examined in the proceedings. Such an application can be made before or during the hearing of the proceedings.
A coroner who refuses such an application must give the applicant the reasons for refusing the application.
The coroner is required to deal with such an application as soon as reasonably practicable after it is made and in any case before the proceedings are concluded.
(cf Coroners Act 1980, s 33AA)
This section applies if a witness in coronial proceedings 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.
The coroner in the coronial proceedings must determine whether or not there are reasonable grounds for the objection.
If the coroner determines that there are reasonable grounds for the objection, the coroner is to inform 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—
(i) the witness willingly gives the evidence without being required to do so under subsection (4), or
(ii) the witness gives the evidence after being required to do so under subsection (4), and
(c) of the effect of such a certificate.
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.
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 cause the witness to be given a certificate under this section in respect of the evidence.
The coroner is also to cause a witness to be given 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.
In any proceeding in a NSW court within the meaning of the Evidence Act 1995 or before any person or body authorised by a law of the State, or by consent of parties, to hear, receive and examine evidence—
(a) evidence given by a person in respect of which a certificate under this section has been given, and
(b) evidence of any information, document or thing obtained as a direct or indirect consequence of the person having given evidence,
cannot be used against the person. However, this does not apply to a criminal proceeding in respect of the falsity of the evidence.
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 concerned.
A reference in this section to doing an act includes a reference to failing to act.
A certificate under this section can only be given in respect of evidence that is required to be given by a natural person.
(cf Coroners Act 1980, ss 42 and 54(1))
A person who appears (whether or not on subpoena or warrant) to give evidence or to produce any document or thing in coronial proceedings must not, without lawful excuse—
(a) refuse to take the oath or affirmation, or
(b) refuse to be examined on oath or affirmation, or
(c) having taken the oath or made an affirmation, refuse to answer any question relevant to the subject-matter of the proceedings, or
(d) refuse or fail to produce the document or thing.
Maximum penalty—10 penalty units.
(cf Coroners Act 1980, s 34A)
Parts 3 and 4 of Chapter 6 of the Criminal Procedure Act 1986 apply to and in respect of any coronial proceedings in the same way as they apply to and in respect of proceedings before a court, and any function exercisable by an authorised person under those Parts may, for the purposes of coronial proceedings, be exercised by a coroner.
(cf Coroners Act 1980, s 33A)
A coroner holding a fresh inquest or inquiry may admit in evidence the depositions taken at any previous inquest or inquiry.
Subsection (1) is subject to the terms of an order made by a court for the holding of the fresh inquest or inquiry.
Section 83 provides for the circumstances in which a fresh inquest or inquiry concerning a matter may be held by a coroner following the termination or conclusion of a previous inquest or inquiry concerning the matter. Also, section 85 enables the Supreme Court to order that a fresh inquest or inquiry be held in certain circumstances.
(cf Coroners Act 1980, s 34)
The coroner in coronial proceedings is to ensure that the evidence of every witness in the proceedings is recorded.
Subject to this section, a coroner or assistant coroner is to supply a person with a copy of a coroner’s file (or a part of that file) at the request of the person if—
(a) the coroner or assistant coroner is satisfied that it is appropriate for the person to be granted access to the file (or a part of the file), and
(b) the person pays the fee that is payable in the Local Court for the provision of a copy of a document (other than a copy of a judgment or order or the reasons for a judgment or order) or such other fee as may be prescribed by (or calculated in accordance with) the regulations.
In determining whether it is appropriate to grant a person access to a coroner’s file (or a part of the file), the coroner or assistant coroner making the determination is to have regard to the following matters—
(a) the principle that coronial proceedings should generally be open to the public,
(b) if the coroner’s file relates to a deceased person—the impact on the relatives of the deceased person of allowing access,
(c) the connection that the person requesting access has to the proceedings concerned,
(d) the reasons why access is being sought,
(e) any other matter that the coroner or assistant coroner considers relevant.
A coroner who conducts coronial proceedings may, by notation on the coroner’s file on the matter, direct that a copy of the whole or a particular part of the file is not to be supplied under this section.
A direction by a coroner under subsection (4) must include a statement of the coroner’s reasons for the direction.
A copy of a coroner’s file (or of any part of the file) is not to be supplied under this section in contravention of—
(a) a direction by a coroner under subsection (4), or
(b) an order made under section 74.
In this section—
(cf Coroners Act 1980, s 35)
If it appears to a coroner that any person is likely to be able to give material evidence in coronial proceedings, or is likely to have in his or her possession or power any document or thing required for the purposes of evidence in the proceedings, the coroner may issue any of the following subpoenas—
(a) a subpoena for the appearance of the person to be examined as a witness,
(b) a subpoena for the person to produce the document or thing,
(c) a subpoena both for the appearance of that person to be examined as a witness and to produce the document or thing.
However, if the coroner is satisfied by evidence on oath or affirmation that it is probable that the person will not comply with a subpoena unless compelled to do so, the coroner may issue a warrant in the first instance for the arrest of that person.
A coroner may exercise a function under this section in respect of coronial proceedings being conducted by another coroner, but only with the consent of that other coroner.
A person is not bound to produce any document or thing—
(a) not specified or otherwise sufficiently described in a subpoena or arrest warrant issued under this section in respect of the person, or
(b) that the person would not be bound to produce on a subpoena for production in the Supreme Court.
An assistant coroner may, at the direction of a coroner given in a particular case, exercise the power of the coroner to issue a subpoena or arrest warrant under this section.
(cf Coroners Act 1980, s 36)
A subpoena issued under this Part must—
(a) be signed by the coroner or assistant coroner issuing it, and
(b) be directed to the person whose appearance is required or who is required to produce a document or thing, and
(c) require that person to appear at a certain time and place before the coroner conducting the coronial proceedings concerned to testify what the person knows concerning the subject-matter of the proceedings or to produce any document or thing specified or described in the subpoena.
(cf Coroners Act 1980, s 37)
A subpoena issued under this Part must be served by—
(a) a police officer, or
(b) where the coroner or assistant coroner issuing the subpoena so directs—the Sheriff, or a sheriff’s officer, within the meaning of the Sheriff Act 2005.
Service of a subpoena may be effected—
(a) by handing it to the person to whom it is directed, or
(b) if the person is an inmate of a correctional centre (within the meaning of the Crimes (Administration of Sentences) Act 1999)—
(i) by handing it to the officer in charge of the correctional centre, or
(ii) by sending it by post or facsimile or other electronic transmission to the officer in charge at the correctional centre, or
(c) if the person is a police officer or a public officer—
(i) by sending it by post or facsimile to the person’s business address, or
(ii) by sending it by electronic communication to the person’s business email address, or
(d) if the person is not a police officer, public officer or inmate—
(i) by sending it by post or facsimile to the person’s residential address, or
(ii) by sending it by electronic communication to the person’s email address, or
(e) if the person is represented by a legal practitioner—by leaving it, with the consent of the relevant legal practitioner for the person, at the relevant legal practitioner’s address for service or by sending it to that address by post or facsimile or by sending it to the legal practitioner’s email address for service by electronic communication.
If, on tender of a subpoena, the person refuses to accept it, it may be served by putting it down in the person’s presence after the person has been told of the nature of the subpoena.
Service of a subpoena in the manner specified in subsection (2) or (3) may be proved by the oath or affirmation of the person who served it attending the coronial proceedings concerned, by his or her affidavit or otherwise.
In this section—
In this clause—
In this Part,
(a) the State Coroner,
(b) a Deputy State Coroner,
(c) a coroner appointed under this Act,
(d) a Magistrate exercising coronial jurisdiction conferred on the Magistrate by section 16,
(e) an assistant coroner,
and
(cf Coroners Act 1980, s 4A(6) and (8))
Except as provided by section 7(6), the appointment of a Magistrate as a coronial officer does not affect the Magistrate’s tenure of office, rank, title, status or precedence as a Magistrate.
The service of a Magistrate as a coronial officer is taken, for all purposes, to be service as a Magistrate.
A person who vacates office as a coronial officer otherwise than by death or having been removed from office may, despite vacating his or her office, continue to hear and determine and otherwise deal with any proceedings that have been heard, or partly heard, by the person before vacating his or her office.
While a person continues to deal with, under subclause (1), any proceedings that have been heard or partly heard by the person before vacating office, the person has all the entitlements and functions of a coronial officer that the person had immediately before vacating office and, for the purpose of those proceedings, is taken to continue to be a coronial officer holding the same coronial office as the person had immediately before vacating office.
Nothing in this clause operates to authorise a person who has vacated office as the State Coroner to continue to exercise the functions of the State Coroner generally.
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts—
• this Act
• Coroners Amendment (Domestic Violence Death Review Team) Act 2010
• any other Act that amends this Act
If the regulations so provide, any such provision may—
(a) have effect despite any specified provision of this Act (including a provision of this Schedule), and
(b) take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this Part—
A person who immediately before the repeal day held office as the State Coroner under the former Act is taken, on and from that day, to have been appointed and to hold office as the State Coroner under this Act until such time as he or she vacates office under this Act.
A person who immediately before the repeal day held office as a Deputy State Coroner under the former Act is taken, on and from that day, to have been appointed and to hold office as a Deputy State Coroner under this Act until such time as he or she vacates office under this Act.
A person to whom subclause (1) or (2) applies is taken to have been appointed to the office of the State Coroner or a Deputy State Coroner (as the case may be) under this Act for the balance of the term of office for which the person was appointed under the former Act.
The office of Senior Deputy State Coroner is abolished on the repeal day.
Any Deputy State Coroner who, immediately before the repeal day, held office as the Senior Deputy State Coroner under the former Act ceases on and from that day to hold that office.
A person who, by operation of this clause, ceases to hold office as the Senior Deputy State Coroner—
(a) is not entitled to any remuneration or compensation because of the loss of that office, and
(b) continues to hold the office of a Deputy State Coroner under this Act until such time as the person vacates that office.
Any person who immediately before the repeal day held office as a coroner appointed under the former Act—
(a) in the case of a person who is either a Magistrate or an Australian lawyer—is taken, on and from the repeal day, to have been appointed and to hold office as a coroner under this Act until such time as he or she vacates office under this Act, or
(b) in the case of a person who is neither a Magistrate nor an Australian lawyer (but is a member of staff of the Attorney General’s Department)—ceases to hold office as a coroner on the repeal day and is taken, on and from that day, to have been appointed and to hold office as an assistant coroner under this Act until such time as he or she vacates office under this Act, or
(c) in the case of a person who is neither a Magistrate nor an Australian lawyer and is not a member of staff of the Attorney General’s Department—ceases to hold office as a coroner on the repeal day.
Any person who immediately before the repeal day held office as an assistant coroner under the former Act—
(a) in the case of a person who is a member of staff of the Attorney General’s Department—is taken, on and from the repeal day, to have been appointed and to hold office as an assistant coroner under this Act until such time as he or she vacates office under this Act, or
(b) in any other case—ceases to hold office as an assistant coroner on the repeal day.
If a person to whom subclause (1)(a) or (b) applies was appointed as a coroner under the former Act for a specified term, the person is taken to have been appointed to the office of coroner or assistant coroner (as the case may be) under this Act for the balance of that term.
Any person who ceases to hold office as a coroner or assistant coroner by operation of this clause is not entitled to any compensation because of the loss of that office.
The State Coroner may give such directions as the State Coroner considers appropriate (whether generally or specifically) with respect to—
(a) the transfer to other coroners or assistant coroners of matters that were being dealt with by persons who have ceased to be coroners or assistant coroners by operation of this clause, and
(b) the continuation and resolution of proceedings arising from or involving such matters.
Any person who immediately before the repeal day held office as a Coronial Medical Officer for the purposes of the former Act is taken, on and from that day, to have been appointed and to be a Coronial Medical Officer for the purposes of this Act until such time as he or she vacates office as such.
A commission or other instrument of appointment made under or for the purposes of the former Act (an
An existing appointment instrument operates, on the day specified in the instrument, to appoint the person named in the instrument—
(a) in the case of the appointment of a person to the office of coroner where the person is not a Magistrate or Australian lawyer (but is a member of staff of the Attorney General’s Department)—to the office of assistant coroner under this Act, and
(b) in any other case (but subject to subclause (3))—to the office under this Act that corresponds to the office specified in the instrument.
An existing appointment instrument has no force or effect for the purposes of this Act if it provides for—
(a) the appointment of a person to the office of coroner where that person is not a Magistrate or Australian lawyer and not a member of staff of the Attorney General’s Department, or
(b) the appointment of a person to the office of assistant coroner where that person is not a member of staff of the Attorney General’s Department.
Clause 6 of Schedule 1 extends to a person appointed as a coroner or assistant coroner under the former Act who has not taken the oaths or made the affirmations required of them by section 7 of that Act as in force immediately before the repeal day.
A person who, immediately before the repeal day, had not complied with an obligation to report a death or suspected death imposed on the person by section 12A of the former Act is taken on and from the repeal day to be under an obligation to report the death or suspected death under section 35.
Nothing in subclause (1) prevents a person from being prosecuted or convicted for a contravention of section 12A(1) of the former Act that occurred before the repeal day.
Section 12B of the former Act, as in force immediately before the repeal day, continues to apply in relation to the giving of certificates as to the cause of any death that occurred before the repeal day.
The repeal of section 12A of the former Act does not affect any obligation that the State Coroner may have had under that section immediately before the repeal day to provide relevant material to the Ombudsman.
The State Coroner is to include in his or her first annual report to the Minister under section 37 any details of deaths or suspected deaths occurring before the repeal day that the State Coroner would have had to include in a report under section 12A(4) of the former Act had the former Act not been repealed.
Any death or suspected death that occurred (or is suspected to have occurred), or any fire or explosion that occurred, before the repeal day is examinable under this Act if it would have been examinable under the former Act had the former Act not been repealed.
If any such death, suspected death, fire or explosion would have been examinable under the former Act only by the State Coroner or a Deputy State Coroner, it continues to be examinable only by the State Coroner or a Deputy State Coroner under this Act.
Nothing in this clause prevents a matter being examinable under a provision of this Act even if the matter would not have been examinable under the former Act.
Subject to this Part and the regulations, this Act applies in relation to any inquest or inquiry under the former Act that was pending or part completed immediately before the repeal day (a
Without limiting subclause (1), the provisions of this Act dealing with functions of or in relation to juries extend to any current inquest or inquiry that was being held before a jury (or was required to be held before a jury under section 18 of the former Act) immediately before the repeal day as if—
(a) a direction for the use of the jury had been given by the State Coroner under section 48 of this Act, and
(b) in the case where the coroner for the current inquest or inquiry is not the State Coroner—section 48 of this Act authorised the coroner to preside over the current inquest or inquiry with the jury.
For the purpose of facilitating the continuation and conclusion of a current inquest or inquiry, the coroner holding the inquest or inquiry may give such directions concerning the conduct of the inquest or inquiry as seem appropriate to the coroner in the circumstances.
Subject to the regulations—
(a) the provisions of this Act that enable or require a fresh inquest or fresh inquiry to be held (or that enable or require a suspended or terminated inquest or inquiry to be resumed or continued) extend to inquests or inquiries that were previously held, suspended or terminated under the former Act (or any previous Act or other law dealing with coronial inquests or inquiries), and
(b) the provisions of this Act that enable a coroner who has dispensed with holding an inquest or inquiry concerning a matter to subsequently hold an inquest or inquiry concerning the matter extend to inquests or inquiries that the coroner dispensed with under the former Act (or any previous Act or other law dealing with coronial inquests or inquiries), and
(c) the provisions of section 64 of this Act extend to depositions taken at any inquest or inquiry previously held under the former Act (or any previous Act or other law dealing with coronial inquests or inquiries).
This clause applies to an order made by the Supreme Court under section 47 of the former Act if—
(a) the order is in force immediately before the repeal day, and
(b) the Minister administering the former Act has not, before the repeal day, endorsed the name of a coroner on a copy of the order for the purposes of that section.
Section 87 of this Act is taken to extend to an order to which this clause applies as if the State Coroner had been served with the order under that section on the repeal day.
Any warrant or subpoena in force under a provision of the former Act immediately before the repeal day is taken, on and from that day, to be a warrant or subpoena in force under the provision of this Act that corresponds or substantially corresponds to the provision in the former Act, and may be executed and enforced accordingly.
Without limiting subclause (1), a warrant for the apprehension of a person in force under the former Act immediately before the repeal day is taken, on and from that day, to be a warrant for the arrest of the person issued under Part 6.3 of this Act, and may be executed and enforced accordingly.
The Coroners Regulation 2005 is taken on and from the repeal day to be a regulation under this Act, and may be amended and repealed accordingly.
In any other Act or in any instrument made under another Act (and except as provided by subclauses (2) and (3))—
(a) subject to paragraph (b), a reference to the former Act is to be read on and from the repeal day as a reference to this Act, and
(b) a reference to a provision of the former Act is to be read on and from the repeal day as a reference to the provision or provisions (if any) of this Act that correspond or substantially correspond to the provision of the former Act.
Subclause (1) does not apply to a reference to the former Act in any of the following provisions—
(a) Schedule 3 to the Births, Deaths and Marriages Registration Act 1995,
(b) Schedule 1 to the Local Courts Act 1982,
(c) Schedule 8 to the Jury Act 1977,
(d) Schedule 1 to the Subordinate Legislation (Repeal) Act 1985,
(e) such other provisions of other Acts, or instruments made under other Acts, as may be prescribed by the regulations.
A reference to this Act in any of the following provisions is to be read as including a reference to the former Act—
(a) section 39(2) and (4) of the Births, Deaths and Marriages Registration Act 1995,
(b) section 45U(1)(c)(iii) of the Commission for Children and Young People Act 1998,
(c) such other provisions of other Acts, or instruments made under other Acts, as may be prescribed by the regulations.
Subject to this Part and the regulations, anything done under or for the purposes of a provision of the former Act is, to the extent that the thing has effect immediately before the repeal day, taken on and from that day to have been done under or for the purposes of the provision of this Act (if any) that corresponds or substantially corresponds to the provision of the former Act.
Without limiting subclause (1) (and subject to this Part and the regulations), any dispensation, delegation, notice, notification, notation, objection, request, order or direction in force or having effect under a provision of the former Act immediately before the repeal day is taken on and from that day to be a dispensation, delegation, notice, notification, notation, objection, request, order or direction in force or having effect under the provision of this Act (if any) that corresponds or substantially corresponds to the provision of the former Act.
In this Part—
The amendments made to section 79 by the amending Act extend to inquests or inquiries that were suspended (but which have not yet been resumed) before the commencement of those amendments.
Section 86A (as inserted by the amending Act) extends to applications for an order under Chapter 7 made (but not finally determined) before the commencement of the section.
The amendments made to sections 96 and 98 by the amending Act extend to requests made (but not determined by a coroner) before the commencement of those amendments.
In this Part—
A death of a kind referred to in section 6(1)(d) occurring before the repeal day continues to be a reportable death for the purposes of this Act despite the repeal of that paragraph by the amending Act.
Accordingly—
(a) any obligations under this Act immediately before the repeal day to report those deaths continue on and after that day, and
(b) section 38(2) continues to apply in relation to those deaths.
Section 88A (as inserted by the amending Act) applies only in relation to deceased persons who died on or after the day the section commenced.
A decision made under section 71 by an authorised justice or a coroner who is not a Magistrate about bail that is in force immediately before the commencement continues in force as if the amendment Act had not commenced.
In this clause—
(Section 101E(9))
In this Schedule—
Subject to this Schedule, a member (other than the State Coroner or a Deputy State Coroner) holds office for such period (not exceeding 2 years) as is specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
A member, other than the State Coroner, a Deputy Chief Magistrate, a Deputy State Coroner or a representative of a Public Service agency, the NSW Police Force or a statutory body, is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.
The Minister may, from time to time, appoint a person to be the deputy of a member (including the Convenor), and the Minister may revoke any such appointment.
A person is not eligible to be appointed as the deputy of a member unless the person has the same qualification that was required for appointment as that member.
In the absence of a member, the member’s deputy may, if available, act in the place of the member.
While acting in the place of a member, a person—
(a) has all the functions of the member and is taken to be a member, and
(b) is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.
For the purposes of this clause, a vacancy in the office of a member is taken to be an absence of the member.
The office of a member (other than the State Coroner or a Deputy State Coroner) becomes vacant if the member—
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the Minister, or
(d) is absent from 4 consecutive meetings of the Team of which reasonable notice has been given to the member personally or by post, except on leave granted by the Minister or unless the member is excused by the Minister for having been absent from those meetings, or
(e) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or
(f) becomes a mentally incapacitated person, or
(g) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or
(h) is the subject of a communication in writing to the Minister by the Minister that nominated the member, stating that he or she no longer represents that organisation.
The Minister may at any time remove a member (other than the Convenor) from office.
The Minister may at any time remove the Convenor from office.
If the office of any member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to a member.
If by or under any Act provision is made—
(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or
(b) prohibiting the person from engaging in employment outside the duties of that office,
the provision does not operate to disqualify the person from holding that office and also the office of a member or from accepting and retaining any remuneration payable to the person under this Act as a member.
The procedure for the calling of meetings of the Team and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Convenor.
The Team is to meet not less than 4 times in each calendar year.
The quorum for a meeting of the Team is a majority of the members of the Team for the time being.
The Convenor is to preside at a meeting of the Team.
If both the Convenor and the deputy of the Convenor are absent from any meeting, a member elected by the members present at the meeting is to preside at that meeting.
The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
A decision supported by a majority of the votes cast at a meeting of the Team at which a quorum is present is the decision of the Team.
The Team may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Team for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Team.
The Team may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.
For the purposes of—
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (2),
the Convenor and each member have the same voting rights as they have at an ordinary meeting of the Team.
A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Team.
Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.
(Repealed)
Coroners Act 2009 No 41. Assented to 19.6.2009. Date of commencement, Sch 3.4 [1]–[4] excepted, 1.1.2010, sec 2 (1) and 2009 (544) LW 27.11.2009; date of commencement of Sch 3.4 [1], 24.1.2010, sec 2 (2) (b) and 2010 (8) LW 22.1.2010; date of commencement of Sch 3.4 [2]–[4], 6.7.2009, sec 2 (3) (b) and 2009 (313) LW 3.7.2009. This Act has been amended by Sch 3.4 to this Act and as follows—
No 19 | Relationships Register Act 2010. Assented to 19.5.2010. Date of commencement of Sch 3, assent, sec 2 (2). | |
No 28 | Coroners Amendment (Domestic Violence Death Review Team) Act 2010. Assented to 9.6.2010. Date of commencement, 16.7.2010, sec 2 and 2010 (371) LW 16.7.2010. | |
No 59 | Statute Law (Miscellaneous Provisions) Act 2010. Assented to 28.6.2010. Date of commencement of Sch 2.19, 9.7.2010, sec 2 (2). | |
No 119 | Statute Law (Miscellaneous Provisions) Act (No 2) 2010. Assented to 29.11.2010. Date of commencement of Schs 2 and 4, 7.1.2011, sec 2 (2). | |
No 60 | Children Legislation Amendment (Child Death Review Team) Act 2011. Assented to 16.11.2011. Date of commencement, assent, sec 2. | |
No 24 | Coroners Amendment Act 2012. Assented to 8.5.2012. Date of commencement, 29.6.2012, sec 2 and 2012 (274) LW 29.6.2012. | |
No 74 | Boarding Houses Act 2012. Assented to 29.10.2012. Date of commencement of Sch 3.4, 1.7.2013, sec 2 and 2013 (324) LW 28.6.2013. | |
No 51 | Local Land Services Act 2013. Assented to 1.7.2013. Date of commencement of Sch 7, 1.1.2014, sec 2 (1). | |
No 80 | Crimes and Courts Legislation Amendment Act 2013. Assented to 29.10.2013. Date of commencement, assent, sec 2. | |
No 5 | Bail (Consequential Amendments) Act 2014. Assented to 12.3.2014. Date of commencement, 20.5.2014, sec 2 and 2014 (235) LW 24.4.2014. | |
No 14 | Courts and Other Legislation Amendment Act 2014. Assented to 20.5.2014. Date of commencement of Sch 5.1, assent, sec 2 (1). | |
No 41 | Disability Inclusion Act 2014. Assented to 26.8.2014. Date of commencement, 3.12.2014, sec 2 and 2014 (745) LW 28.11.2014. | |
No 58 | Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 3, 15.1.2016, sec 2 (3). | |
No 69 | Privacy and Personal Information Protection Amendment (Exemptions Consolidation) Act 2015. Assented to 24.11.2015. Date of commencement of Sch 2, 1.1.2016, sec 2 and 2015 (805) LW 18.12.2015. | |
No 26 | Courts Legislation Amendment (Disrespectful Behaviour) Act 2016. Assented to 7.6.2016. Date of commencement, 1.9.2016, sec 2 and 2016 (535) LW 26.8.2016. | |
No 33 | Crimes (Domestic and Personal Violence) Amendment (Review) Act 2016. Assented to 28.6.2016. Date of commencement of Sch 2, 22.8.2016, sec 2 and 2016 (513) LW 19.8.2016. | |
No 61 | Law Enforcement Conduct Commission Act 2016. Assented to 14.11.2016. Date of commencement of Sch 6.5, 1.7.2017, sec 2 (1) and 2017 (256) LW 16.6.2017. | |
No 28 | Miscellaneous Acts Amendment (Marriages) Act 2018. Assented to 15.6.2018. Date of commencement, assent, sec 2. | |
No 59 | Emergency Services Legislation Amendment Act 2018. Assented to 26.10.2018. Date of commencement of Sch 5, assent, sec 2 (1). | |
No 7 | Ageing and Disability Commissioner Act 2019. Assented to 25.6.2019. Date of commencement of Sch 1.2, 1.7.2019, sec 2 (1). | |
No 10 | Justice Legislation Amendment Act 2019. Assented to 26.9.2019. Date of commencement of Sch 1.4 [1] and [2], 20.1.2020, sec 2(2) and 2019 (586) LW 6.12.2019; date of commencement of Sch 1.4 [3] and [4], assent, sec 2 (1). | |
No 20 | Justice Legislation Amendment Act (No 2) 2019. Assented to 22.11.2019. Date of commencement of Sch 1.4, assent, sec 2(1). | |
No 25 | Children’s Guardian Act 2019. Assented to 4.12.2019. Date of commencement of Sch 5.14, 1.3.2020, sec 2(1). | |
No 12 | Mental Health and Cognitive Impairment Forensic Provisions Act 2020. Assented to 23.6.2020. Date of commencement, 27.3.2021, sec 2 and 2021 (116) LW 19.3.2021. | |
No 33 | Children’s Guardian Amendment Act 2022. Assented to 1.7.2022. Date of commencement of Sch 2, 1.9.2022, sec 2(b). | |
No 35 | Disability Inclusion Amendment Act 2022. Assented to 1.7.2022. Date of commencement, assent, sec 2. | |
No 35 | Statute Law (Miscellaneous Provisions) Act (No 2) 2023. Assented to 30.10.2023. Date of commencement of Sch 4, assent, sec 2(c). | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2024. Assented to 21.11.2024. Date of commencement of Sch 2.2, assent, sec 2(b). | |
No 61 | Local Court and Bail Legislation Amendment Act 2025. Assented to 28.10.2025. Date of commencement of Sch 3, assent, sec 2(a). |
This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.
Sec 4 | Am 2010 No 19, Sch 3.25 [1] [2]; 2010 No 28, Sch 1 [1]; 2012 No 24, Sch 1 [1]; 2018 No 28, Sch 1.11 [1]. |
Sec 5 | Am 2010 No 19, Sch 3.25 [3]. |
Sec 6 | Am 2012 No 24, Sch 1 [2]; 2019 No 10, Sch 1.4[1]; 2020 No 12, Sch 3.5. |
Sec 6A | Ins 2012 No 24, Sch 1 [3]. |
Sec 10 | Am 2010 No 28, Sch 1 [2]. |
Sec 13 | Am 2015 No 58, Sch 3.26 [1]; 2019 No 25, Sch 5.14[1]. |
Sec 23 | Am 2016 No 61, Sch 6.5 [1] [2]. |
Sec 24 | Am 2009 No 41, Sch 3.4 [1]; 2012 No 74, Sch 3.4 [1]–[3]; 2014 No 41, Sch 5.4 [1] [2]; 2015 No 58, Sch 3.26 [2]; 2019 No 7, Sch 1.2 [1] [2]; 2019 No 25, Sch 5.14[2]; 2022 No 33, Sch 2.3; 2022 No 35, Sch 2.3[1]–[3]. |
Sec 24A | Ins 2022 No 35, Sch 2.3[4]. |
Sec 32 | Am 2018 No 59, Sch 5.1. |
Sec 36 | Am 2019 No 7, Sch 1.2 [3]–[5]; 2024 No 82, Sch 2.2. |
Sec 37 | Am 2014 No 14, Sch 5.1. |
Sec 51 | Am 2015 No 58, Sch 3.26 [3]; 2019 No 25, Sch 5.14[1]. |
Sec 55 | Am 2010 No 59, Sch 2.19. |
Sec 65 | Am 2009 No 41, Sch 3.4 [2]. |
Sec 68 | Am 2013 No 51, Sch 7.7. |
Sec 71 | Am 2014 No 5, Sch 2.8 [1] [2]; 2025 No 61, Sch 3.5[1]–[3]. |
Sec 74 | Am 2012 No 24, Sch 1 [4]. |
Sec 75 | Am 2018 No 28, Sch 1.11 [2]. |
Sec 76 | Am 2012 No 24, Sch 1 [5]. |
Sec 79 | Am 2012 No 24, Sch 1 [6]–[8]; 2019 No 25, Sch 5.14[3]. |
Sec 86 | Am 2012 No 24, Sch 1 [9]. |
Sec 86A | Ins 2012 No 24, Sch 1 [10]. |
Sec 88A | Ins 2019 No 10, Sch 1.4[2]. |
Sec 92 | Am 2015 No 58, Sch 3.26 [4]. |
Sec 96 | Am 2012 No 24, Sch 1 [11] [12]. |
Sec 97 | Am 2012 No 24, Sch 1 [13]. |
Sec 98 | Am 2012 No 24, Sch 1 [14]. |
Chapter 9A | Ins 2010 No 28, Sch 1 [3]. |
Chapter 9A, Part 9A.1 | Ins 2010 No 28, Sch 1 [3]. |
Sec 101A | Ins 2010 No 28, Sch 1 [3]. |
Sec 101B | Ins 2010 No 28, Sch 1 [3]. Am 2011 No 60, Sch 2.3; 2013 No 80, Sch 1 [1]; 2016 No 33, Sch 2 [1]. |
Sec 101C | Ins 2010 No 28, Sch 1 [3]. Am 2013 No 80, Sch 1 [2]–[4]. Rep 2016 No 33, Sch 2 [2]. |
Chapter 9A, Part 9A.2 | Ins 2010 No 28, Sch 1 [3]. |
Sec 101D | Ins 2010 No 28, Sch 1 [3]. |
Sec 101E | Ins 2010 No 28, Sch 1 [3]. Am 2013 No 80, Sch 1 [5]; 2015 No 58, Sch 3.26 [5] [6]; 2016 No 33, Sch 2 [3]–[5]; 2019 No 10, Sch 1.4 [3]; 2019 No 20, Sch 1.4[1]–[3]; 2019 No 25, Sch 5.14[4]; 2023 No 35, Sch 4.7. |
Chapter 9A, Part 9A.3, Div 1 (secs 101F–101I) | Ins 2010 No 28, Sch 1 [3]. |
Chapter 9A, Part 9A.3, Div 2 | Ins 2010 No 28, Sch 1 [3]. |
Sec 101J | Ins 2010 No 28, Sch 1 [3]. Am 2016 No 33, Sch 2 [6]. |
Sec 101K | Ins 2010 No 28, Sch 1 [3]. |
Chapter 9A, Part 9A.4 | Ins 2010 No 28, Sch 1 [3]. |
Sec 101L | Ins 2010 No 28, Sch 1 [3]. Am 2015 No 58, Sch 3.26 [7]. |
Sec 101M | Ins 2010 No 28, Sch 1 [3]. Am 2013 No 80, Sch 1 [6]; 2015 No 58, Sch 3.26 [8] [9]; 2019 No 25, Sch 5.14[5]. |
Chapter 9A, Part 9A.5 (secs 101N–101P) | Ins 2010 No 28, Sch 1 [3]. |
Sec 102A | Ins 2015 No 69, Sch 2.1. |
Sec 103 | Am 2009 No 41, Sch 3.4 [3]. |
Sec 103A | Ins 2016 No 26, Sch 5. Am 2019 No 25, Sch 5.14[1] [3]. |
Sec 104 | Am 2010 No 28, Sch 1 [4]; 2010 No 119, Sch 2.14. |
Sec 106 | Am 2009 No 41, Sch 3.4 [4]. |
Sec 108 | Rep 1987 No 15, sec 30C. |
Sch 1 | Am 2015 No 58, Sch 3.26 [10]–[12]; 2019 No 25, Sch 5.14[6]. |
Sch 2 | Am 2010 No 28, Sch 1 [5]; 2012 No 24, Sch 1 [15] [16]; 2019 No 10, Sch 1.4 [4]; 2025 No 61, Sch 3.5[4]. |
Sch 3 | Ins 2010 No 28, Sch 1 [6]. Am 2015 No 58, Sch 3.26 [13] [14]; 2019 No 20, Sch 1.4[4]. |
Sch 3 (as originally enacted) | Am 1987 No 15, sec 30C. Rep 2010 No 119, Sch 4. |
Sch 4 | Rep 1987 No 15, sec 30C. |
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