Coroners Act Amendment Act of 1943 (7 Geo Vi No. 8) (Qld)

106 JUSTICES. Coroners Act Amendment Act. 7 GEO. VI. No. 8, INDUSTRIAL CONCILIATION AND ARBITRATION. See LABOUR. INSURANCE OF MOTOR VEHICLES. See TRAFFIC. JURIES, WAR EMERGENCY. See W AB LEGISLATION. JUSTICES. (1) Coroners Act Amendment Act of 1943 (2) Justices Acts Amendment Act of 1942 .. 7 Gea. VI. No. 8 .. 6 Geo. VI. No. 17 7 GEO. VI. An Act to Amend "The Coroners Act of 1930" in No.8. THB I CORONBRS certain particulars. ACT AxENDMliINT [ASSENTED TO 22ND APRIL, 1943.] ACT OF 1943. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- Short title 1. (1.) This Act may be cited as "The Ooroners and Act Amendment Act of 1943," and shall be read as one cOllBtruction. with *" The Ooroners Act of 1930," herein referred to as . the Principal Act. Collective (2.) The Principal Act and this Act may collectively title. be cited as " The Ooroners Acts, 1930 to 1943." Amendments of the Principal Act. Amendment 2. Section three of the Principal Act is amended as of s. 3. follows :_. Coroner. (a) The following definition is inserted before the definition of "District," namely:- " "Coroner "-Includes a deputy coroner, or any person appointed a coroner, or any person authorised under this Act to act as a coroner, or any stipendiary magistrate, or any acting stipendiary magistrate, or clerk of petty sessions who, by virtue of his office is declared under this Act to be a coroner." * 21 G. 5 No. 17. See v. 4, p. 628.

1943. JUSTICES. Coroners Act Amendment Act. 107 (b) The following definition is inserted after the definition of " District," namely:- " " Inquest "-.Any inquest or inquiry under thisInqutm. Act." (c) The following definition is inserted after the definition of" Minister," namely:- " "Oath"-The term also includes a solemn Oath. affirmation as defined in section seventeen of the *" OathsAct of 1867." " . 3 Section four of the Principal Act is amended as AIDer ndmen~ c ~ o I I o w s : - o~ ~ (i.) Paragraph (a) of subsection one is repealed and the following new paragraph (a) is inserted in lieu thereof, namely:- "(a) Every stipendiary magistrate, or an officer acting as stipendiary magistrate, by virtue of his 'office as stipendiary magistrate or acting stipendiary magistrate, (who it is hereby declared shall for the purposes of this Act have jurisdiction, power, and authority as coroner, throughout the State.)" (ii.) Paragraph (b) of the said subsection one is amended by deleting the words "police magistrate n where they twice occur, and inserting the words " stipendiary magistrate" in lieu thereof. (ill.) In the proviso to the said subsection one, the words "police magistrate" wherever occurring are repealed and the words" stipendiary magistrate" are included in lieu thereof. (iv.) A new'paragraph (d) is added to subsection two of the said section, namely :- " (d) Any appointment of coroner and/or deputy coroner under this section shall not prejudice or affect the powers, authorities, or jurisdiction of any stipendiary magistrate or acting stipendiary magistrate while acting as a coroner, in pursuance of paragraph (a) of subsection one of this section." 4. Section five of the Principal Act is amended as Amendmen. follows :_ of B. 5. (i.) Subsection two is amended as follows:- * 31 V. No. 12. See v. 6, p. 799.

108 JUSTICES. Coroners Act Amendment Act. 7 GEO. VI. No. 8, The words "subject as is hereinafter provided" are inserted before the words "It shall be the duty" occurring at the commencement of the said subsection. (ii.) The following new subsection (2A) is inserted after the said subsection two, as follows :- yvnen t "[2A.] (1.) Notwithstanding anything to the con- m be qudeisspemnsaeyd t rary conta'lned'In subsectI' on t wo 0 f thI' S sectI'On where with. after considering any information as to any death in respect of which an inquest is, by subsection two aforesaid required to be. held, the coroner considers that no good purpose will be served by the holding of an inquest, he shall forward to the Minister a certificate in the form ~ ! ~ : dule. of the Fifth Schedule or to the like effect, and stating the reason for coming to that decision. A copy of such certificate shall be sent by the coroner to the Commis- sioner of Police and the Registrar-General. The coroner shall at the same time forward to the Minister a copy of the medical certificate, or as the case may be, the post-mortem certificate showing the cause of death, together with any report in his possession made by a member of the Police Force in connection with such death. (2.) Nothing in this subsection shall be deemed to relieve a coroner from the obligation of holding an inquest where pursuant to any Act the coroner is required to hold an inquest, or where under the pro- visions of this Act, the Minister has ordered that an inquest shall be held." Repeal of 5. Section six of the Principal Act is repealed and and new s. 6. the following new section six is inserted in lieu thereof, namely:- Procedure "[6.] (1.) Where an inquest concerning the death aonndinquests of any person is held- powers of coroner. (a) The coroner holding the inquest shall examine on oath all persons who are summoned to give evidence at such inquest. (b) After hearing the evidence, the coroner shall give his decision or finding and certify it by an inquisition, called the" coroner's inquisition," in writing in the form in the Second Schedule, or to the like effect, setting forth so far as such particulars have been proved:- (i.) Who the deceased was; (ii.) How, when, and where the deceased came by his death; and

1943. JUSTICES. Coroners Act Amendment Act. 109 (iii.) If the deceased came by his death by wilful murder, murder or manslaughter, the person, if any, suspected or accused of having caused such death by wilful murder, murder or man- slaughter." 6. The following new section 6A is inserted after New s. 6A. section six of the Principal Act, as follows : - " [6A.] (1.) Every coroner upon any inquest by or Depositions. before him taken shall put into writing, or cause to be put in writing the evidence given before him. (2.) The deposition of each witness so taken shall be read over to the witness and shall be signed by him, and the coroner shall subscribe the same. (3.) The depositions so taken shall, on the trial of any person be admissible in evidence, subject to all just exceptions, in the like manner and to the same extent as are depositions taken on the preliminary hearing by justices in petty sessions of an indictable offence. (4.) The coroner shall, at the conclusion of an Coroner to inquest, and whether a person is committed for trial or ~ e~ : ~ r~ ons not, forward the depositions to the Minister with the to Minister. certificate called the "coroner's inquisition," as herein- before referred to, and shall at the same time send a duplicate of such certificate to the Commissioner of Police and the Registrar-General." 7. A new section (6B) is inserted after section 6A New s. 6B. of the Principal Act previously inserted, as follows : - " [6B.] (1.) It shall be lawful for the coroner by Suspected W hom an I.nquest ' IS heId to cause to be apprehended 'poerrsaoccnussed and to commit for trial any person suspected or accused may be of having caused such death by wilful murder, murder, : ~ arehended or manslaughter: committed for trial. Provided that whenever it can be done the evidence shall be given and all proceedings incidental to commit- ment for trial shall be taken in the presence of the accused: Provided further that the aforesaid powers, authority, and jurisdiction of a coroner shall not extend to a justice of the peace holding an inquest where he is specifically requested to hold such an inquest as specified in such request pursuant to the proviso to subsection one of section four of this Act.

110 JUSTICES. Coroner8 .Act .Amendment .Act. 7 GEO. VI. No. 8, General powers of coroner. (2.) Subject to this Act, a coroner shall have all the powers and authorities so far as applicable conferred upon justices by *" The Justices Acts, 1886 to 1942," in respect of the preliminary hearing of an indictable offence and the provisions of the said last-mentioned Acts relating or applicable to such proce~ dings before justices shall, mutatis mutandis, apply to inquests. (3.) Where a coroner's inquisition charges any person with the commission of any offence, he shall have the like powers and duties as to committing the person for trial including, inter alia, the granting of bail, as might be exercised by justices if he were charged before justices and the provisions of *" The Justices Acts, 1886 to 1942," and in particular sections one hundred and three to one hundred and twenty-five thereof shall, mutatis mutandis, apply accordingly. Copy of (4.) Any person who is committed for trial by a depositions. coroner under this Act shall be entitled to have on demand from the person who has the lawful custody thereof copies of the depositions of the witnesses giving evidence at the inquest concerned including where practicable copies of written exhibits adduced at such inquest, and the provisions of section seven hundred and five of t" The Criminal Code," shall, mutatis mutandis, apply. Saving of Justices Acts and Criminal Code. (5.) Nothing in this section shall prejudice or affect the provisions of Parts IV. and V. of *" The Justices Acts, 1886 to 1942," or t" The Criminal Code," and to the intent that a person may be arrested,charged, committed for trial, and tried under such Acts and t" The Criminal Code," for wilful murder, murder, or manslaughter, as the case may be, without the prior holding of an inquest, or in the event of an inquest being held, in any case where the coroner did not commit any person for trial for wilful murder, murder, or manslaughter, as the case may be." New s. 6c. Inquiries respecting missing persons. 8. The following new section, numbered 60, is inserted after section 6B of the Principal Act previously inserted, namely:- "[6o.] (1.) Where any person has, whether before, on or after the passing of t" The Coroners Act Amendment Act of 1943," been reported to the police as a missing * 50 V. No. 17 and amending Acts. See v. 4, p. 363. t 63 V. No. 9 Sch. I. See v. 2, p. 665. t This Act.

1943. JUSTICES. Coroners Act Amendment Act. friend and the police have not, within the period of twelve months next succeeding the date of such repqrt, found such Im~ ssing person or the body of such missing person, every coroner shall, if- (i.) He is of the opinion that such an inquiry ought to be held; or (ii.) The Minister directs him to hold an inquiry; or (iii.) A person authorised in that behalf by this section requests him to hold such inquiry, have jurisdiction to inquire into and shall inquire into the cause and circumstances of the disappearance of such missing person and into all such matters and things as will or will be likely to reveal whether such missing person is alive or dead and, if such person is alive or likely to be alive, the whereabouts of such person at the time of such inquiry. (2.) Without limit to the power conferred upon a coroner by this Act to summon any person to attend the inquiry and give evidence, any person who has or who alleges or has alleged that he has knowledge or informa· tion concerning any matter or thing relevant to an inquiry under this section, or whom the coroner has reason to believe has, or is alleging or has alleged that he has such knowledge or information, shall be a com· petent and compellable witness both as to such knowledge or information and as to the sources from which he obtained same. (3.) The coroner shall examine on oath all persons who are summoned to give evidence at such inquiry. (4.) (a) Every coroner upon any such inquiry by or before him shall put into writing, or cause to be put in writing, the evidence given before him or so much thereof as is material. (b) The depositions so taken shall be read over to or by and signed by the witnesses respectively who have been examined, and the coroner shall subscribe the same. (5.) After hearing the evidence the coroner shall give his decision or finding in writing signed by him and shall forward such decision or finding to the Minister together with the depositions. 111

112 JUSTICES. Coroners Act Amendment Act. 7 GEO. VI. No. 8, (6.) A statement or disclosure made by any witness upon an inquiry under this section in answer to any question put to him by or before the coroner shall not (except in proceedings for an offence against this Act) be admissible in evidence against him in any civil or criminal proceedings. (7.) The persons authorised to request the coroner to hold an inquiry under this section shall be the Com- missioner of Police, or an Inspector of Police, or the husband or wife, father, mother, sister, brother, son, daughter, or guardian of the missing person concerned." Repeal of 9. Section nine of the Principal Act is repealed and and new s. 9. the following new section nine is inserted in lieu thereof, namely:- Views of body. "[9.] It shall not be necessary for the coroner on any inquest of death to view the body of the deceased unless the coroner deems it advisable to do so." Amendment 10. Section eleven of the Principal Act is amended of s. 11. by adding a new subsection two thereto, as follows:- "(2.) Where the Minister or a coroner orders a post-mortem examination as aforesaid, it shall be lawful for any member of the Police Force on production of such order- (a) To enter in or upon any premises and take possession of the body; (b) To have such body conveyed to the morgue or other suitable place for the conduct of such post-mortem examination; (c) To arrange with a medical practitioner to perform such post-mortem examination. Any person who obstructs or hinders any member of the Police Force acting in the discharge of his duty under this section shall be guilty of an offence, and on conviction, shall be liable to a penalty not exceeding one hundred pounds, or to imprisonment for six months. Any person, other than a person authorised by the Minister or the coroner, who knowingly removes the body of any deceased person on which a post-mortem is ordered to be made before such post-mortem is in fact made, and with intent to prevent or hinder the making of such post-mortem examination shall be guilty

1943. JUSTICES. Coroners Act Amendment Act. 113 of an offence, and on conviction shall be liable to a penalty not exceeding one hundred pounds, or to imprisonment for six months." And section eleven is renumbered subsection one of section eleven, accordingly. 11. In subsection one of section thirteen of the Amendment Principal Act, the words "police magistrate" are ofs. 13. repealed, and the words" stipendiary magistrate" are included in lieu thereof. 12. Section fifteen of the Principal Act is amended Amendment as £ 0 11 ows:- of s. 15. (a) The following paragraph lettered (al) is inserted after paragraph (a) of subsection one thereof, namely:- "(aJ) Refuses to take an oath or to be examined at the inquest; or" (b) The words "Except upon an inquiry under section 60 of this Act" are inserted before the words "Nothing hereinbefore contained" in subsection two thereof. (c) A new subsection four is added to the said section, namely :- "(4.) If on the appearance of a person before a coroner at an inquiry held under section 60 of this Act either voluntarily or in obedience to a summons or upon being brought before such coroner by virtue of a warrant such person- (i.) Refuses without reasonable cause to give evidence at the inquiry; or (ii.) Without reasonable excuse refuses to take an oath or to be examined on oath at the inquiry; or (iii.) Being thereunto required by the coroner pursuant to this Act fails or refuses without reasonable excuse to produce at the inquiry any books, documents, or writings, or any other thing whatever in his custody, posses- sion, or control which the coroner thinks ought to be produced, and such person fails or refuses to do the same thing at or in respect of the same inquiry on some subsequent day, the coroner may (notwithstanding that he has or has not imposed on such persona penalty under this Act

114 JUSTICES. Ooroners Act Amendment Act. 7 GEO. VI. No. 8, 1943. for such failure or refusal on a previous day) by his warrant commit such person to gaol, there to remain until he consents to be examined and to answer concerning the matter or, as the case may be, to produce the books, documents, writings, or other thing whatever in question. All of the applicable provisions of the Justices Acts shall apply and extend to and in respect of warrants of commitment under this section." A mendments of Schedule. Amendment 13. (1.) The form "Certificate of Particulars oSfchSeedcuolned. Inquest of Death" is amended as follows:- (a) The title of the form shall be styled~ " The Coroner's Inquisition" ; (b) Two new headings are inserted after the heading " Suspicious Circumstances" namely:- " Name of suspected person " " Accused." Schedule 5 s.5 (2A). (2.) The Fifth Schedule shall be in the following form :- FIFTH SCHEDULE. " The Ooroners Acts, 1930 to 1943." CORONER'S CERTIFIOATE. Where an Inquest is Deemed Unnecessary. Queensland to wit : To the Attorney-General. I, the undersigned and a coroner, having made inquiry respecting the death of of who died at on the day of do hereby certify that there is not, in my opinion, any necessity for holding an inquest in the manner and cause of death of for the following reasons, that is to say:- and that the body of the said m,ay be buried_ Given under my hand this 19 day of .. Coroner. (The age, occupation, and last known place of abode of the deceased is to be endorsed on this certificate when possible).