Coroners Act of 1930 (21 Geo v No. 17) (Qld)

JUSTICES. 21 GEO. V. No. 17,1930. Coroners Act. 12937 INCOME (UNEMPLOYMENT RELIEF) TAX. See LABOUR. INDUSTRIAL CONCILIATION AND ARBITRATION. See LABOUR. INQUESTS OF DEATH. See JUSTICES. INQUESTS OF FIRES. See JUSTICES. IRRIGATION. See WATER. JUDGES-COMMONWEALTH-PAYMENTS TO. See SUPREME COURT. JUSTICES. Coroners Act of 1930 . . 21 Geo. V. No. 17 Children's Cmtrts Act Amendment Act of 1930 .. 21 Gea. V. No. 29 An Act to Consolidate and Amend the Law relating 21 Geo, V. No. 17. to the Holding of Inquests of Death and THE Inquests concerning Fires. CORONERS ACT OF 1930. [ASSENTED TO 23RD OCTOBER, 1930.J 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;- 1. This Act may be cited ~ s "The Ooroners Act of Short title 1930," and shall come into operation on a date to be : : e~ ~ ~ : ~ nt. proclaimed by the Governor in Council by proclamation published in the Gazette. 2. Without prejudice to the provisions of the R.epeal. Acts Shortening Acts, the several Acts set forth in the : ~ ~ ~ ~ u First Schedule to this Act are repealed.

12938 JUSTICES. ('orallus Act. 21 GEO. V. No. 17, Interpreta· 3. In this Act, unless the context otherwise tior.. . indicates or requires, the following terms have the meanings respectively assigned to them, that is to say:- District. " District ~ ' - A petty sessions district constituted under *" The Justices Acts, 1886 to 1929," or any Act amending the same; J llstices Acts. "Justices Acts"-*"The JU8tices Acts, 1886 to 1929," or any Act amending the same; Minister. " Minister "-The Attorney-General or other Minister of the Crown for the time being administering this Act ; Person. " Person" includes any corporation, company, society, or association, public authority, partnership, or firm, or any body of persoris corporate or unincorporate; Prescribed. " Prescribed "-Prescribed by this Act; 'This Act. " This Act "-This Act and all Orders in Council, Regulations, and Rules of Court made there- under. Appoint ment of '1)roner-s. 4. (1.) Subject as hereinafter provided, the follow- ing officers shall be and are hereby declared to be coroners for the State of Queensland, namely :- (a) Every police magistrate or an officer acting as police magistrate, by virtue of his office as police magistrate or acting police magis- trate, and in and for the district containing the place for the holding of courts of petty sessions at which place such police magistrate or acting police magistrate is stationed; (b) Every officer of the Public Service appointed pursuant to the provisions of t" The P1tblic Service Acts, 1922 to 1924," who is a justice of the peace, and who is clerk of petty sessions or acting clerk of petty sessions of the court in respect of a place appointed for the holding of courts of petty sessions (but to which place no police magistrate or acting police magistrate has been appointed) by virtue of his office as clerk of * 50 Vie. No. 17 and amending Acts, supra, pages 1132 et scq. t 13 Geo. V. No. 31 and 15 Geo. V. No. 24, supra, pages 10159 and 11089.

JUSTICES. 12939 1930. C01'oners Act. petty sessions or acting clerk of petty sessions,"and in and for the district contain- ing the place for the holding of courts of petty sessions at which such clerk of petty sessions or acting clerk of· petty sessions is stationed: Provided always that if at any time it is not possible for such police magistrate or acting police magistrate or clerk of petty sessions or acting clerk of petty sessions, as the case may be, to exercise the jurisdiotion, powers, and authority of a coroner under this Act, such police magistrate or acting police magis- trate or clerk of petty sessions or acting clerk of petty sessions, as the case may be, is hereby authorised and empowered to request any justice of the peace to act as a coroner, and to hold the inquest as specified in such request, and the jurisdiction, powers, and authority of a coroner and the provisions of this Act relating to coroners shall extend and apply with respect to such justice of the peace,who shall be and is hereby declal'ed to be a coroner in regard to such inquest as specili8d in such request accordingly. (2.) (a) Notwithstanding anything hereinbeforecoroner.may contained jt shall be lawful for the Governor in Councilf; r~ lFe° b~ ~ ; d to appoint any person, being a justice of the peace, to of Brisbane. be the coroner stationed at the City of Brisbane as defined by *"The Oity of BrisbaneAet of 1924," and in like manner to appoint any person being a justice of the peace to be the deputy coroner stationed at the said City of Brisbane, :md the jurisdiction, powers, and authority of a coroner and the provisions of this Act relating to coroners shall extend and apply with respect to any such coroner or deputy coroner so appointed accordingly. (b) The provisions of this subsection may be Provision extended by the Governor in Council by Order in : ~ ~ n~ ~ d to Council to any other city or town jn the State, to the other cities intent that a coroner and/or deputy coroner may be or towns. appointed in like manner for such city or town. (e) The Governor in Council may prescribe the Salary. salary to be payable to any coroner or deputy coroner appointed pursuant to the provisions of this subsection. * 15 Geo. V. No. 32, supra, page 11140.

12940 JUSTICES. Coronet·s Act. 21 GEO. V. No. 17, JoInufqrciusoedrosietnsteiorosnn. out Q 5 u . e ( e 1 n .) slEavndertyocionrqounierreshinaltlohtahveemjuarnisndeirctaionndtcharousuegho-f death. the death of any person who- (a) Is killed; or (b) Is found drowned; or (c) Dies a sudden death of which the cause is unknown; or (d) Dies under any suspicious or unusual circum- stances; or (e) Dies while under an anrosthetic in the course of a medical, surgical, or dental operation or operation of a like nature; or (f) Dies, but no cert.ificate of a medical prac- titioner has been given as to the cause of , death; or (g) Dies within a year and a day from the date of any accident where the cause of death is directly attributable to such accident; or (h) Dies under such circumstances that, in the opinion of the Minister, the cause of death and the circumstances of such death should be more clearly and definitely ascertained; or (i) Dies in any prison hospital, hospital for the insane, or any institution, under such circum- stances as to require an inquest in pursuance of this Act or any other Act; (j) Dies, not having been attended by a medical practitioner at any period within three months prior to his death. Duty of (2.) It shall be the duty of every coroner to inquire cinoqrounireer itnoto forthwith into the manner and cause of any death manner and occurring under the circumstances as set forth jn sub- cdaeuasteh.of section one of this section in the district for which he is coroner by virtue of this Act: Provided that no inquest shall be held after the expiration of twelve months from the date of death, or after the expiration of twelve months from the date of the finding of the dead body, unless the Minister otherwise orders. Medi~ a~ (3.) Subject to this Act a medical practitioner shall practItIOner. not, unless with the consent of the coroner, give a

JUSTICES. 12941 1930. Ooroners Act. medical certificate as to the cause of death in respect of any death which occurs under the circumstances referred to in paragraph (a), (b), (c), (e), or (j) of subsection one. Any medical practitioner offending against the provisions of this subsection shall be liable to a penalty not exceeding two hundred pounds, to be recovered in a summary way by complaint under the Justices Acts. 6. (1.) The coroner holding any inquest shall Coro~ er to examine on oath all persons who are summoned to give ~ ~ : : . me on evidence at such inquest. (2.) The coroner shall reduce to writing the evidence Depositions given before him, and the deposition of each witness so to ~~ in 'taken shall be read over to the witness and shall be wrltmg. signed by him and the coroner. (3.) The coroner shall forward the depositions to Coroner to d theeat h Minaipspteerndweidth tahecreerttoifim . catethoef tfhoermsupopfostehde caSuesceonodf t r o d e e p t Mo ur Si ~ nI t i ' Isoten. rs. Schedule to this Act, and shall at the same time send a duplicate of such certificate to the Commissioner of Police and to the Registrar-General. 7. (1.) Every coroner shall have jurisdiction to Inquests on inquire and shall inquire into- fires. The cause and origin of any fire whereby any property of any kind whatsoever is destroyed or damaged-. (a) If he is. of opinion that such an inquiry ought to be held; or (b) I~ t~ e Minister directs him to hold an mqUIry. (2.) The coroner shall examine on oath, touching the cause and origin of the fire concerned, all persons who are summoned to giVJ evidence at such inquest. (3.) The coroner han reduce to writing the evidence given before him, an the deposition of each witness so taken shall be read 0 er by the witness and be signed by him and the coroner. (4.) The coroner shall forward the depositions to the Minister, with a certificate of the supposed cause of the fire appended thereto in the form of the Third Schedule Third to this Act, and shall at the same time send a duplicate Schedule. of such certificate to the Commissioner of Police.

12942 JUSTICES. Coroners Act. 21 GEO. V. No. 17, Request for (5.) Notwithstanding anything herein contained, an inquest. inquest concerning the cause and origin of a fire shall be held at the request of any person upon payment by him to the coroner of the sum of ten pounds or such sum as may be prescribed, and at the same time on giving an undertaking to pay such further costs which may be entailed in the holding of such inquiry, the amount of which costs shall be as certified by the coroner holding the inquiry. Any such further costs so certified may be recovered by the Crown in any court of competent· jurisdiction. Any such sum so paid or recovered shall be paid into and shall form pa,rt of the Consolidated Revenue. Repeal of (6.) Section twenty-six of *"The Insu1'ance Act or s V . . 2 N 6, o 7 . G 27 e . o. 1916" is repea:led. ~ nq~ er to 8. Any inquest concerning a death or a fire shall be c~ ro~ e~ r: n~y. held by a coroner sitting alone, and, notwithstanding any provision in any law to the contrary, shall be held without a jury. View of body not necessary. 9. Unless a view is ordered by the Minister, 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: Provided always that the coroner shall forthwith notify the Minister of his intention not to view the body. Meaning of view. 10. For the purposes of this Act a view of the body shall mean and include any view by the coroner of such body, whether such view shall take place before burial, or whether such view shall take pJace by exhumation after burial. Post- 11. The Minister or a coroner may in his discretion m ex o a r m t~ m m atI'On order a post-mortem examination of any dece • a . sed pe . rson may be for the purpose of an inquest, and the MInISter may b or o d d ~ I r es ed and order the body of any deceased person to be exhumed ' exhumed. and for that purpose the coroner may, with such assistants as he may require, enter and break open any ground, cemetery, or place for the purpose aforesaid. Medical 12. Whenever a coroner shall hold an inquest he tteostbiemtoankyen shall, if there be any reasonable doubt as to the cause when of death and it be possible to obtain such testimony, practicable. take the testimony of a medical practitioner thereon. * 7 Geo. V. No. 27, 8upra, page 7497.

JUSTICES. 12943 1930. Coroners Act. 13. (1.) In addition to the powers, authorities, and Further jurisdiction of a coroner under this Act, every coroner ~ ~~ ~ :~ f shall, subject to this Act, have generally the powers and authorities and jurisdiction of a police magistrate under the Justices Acts in relation to the holding of any inquest under this Act. (2.) Without limiting the generality of such pro- Open court. visions, it is hereby declared that the room or place in which a coroner conducts an inquest shall be deemed an open and public' court to which all persons may 'have access so far as the same can conveniently contain them. (3.) No witness shall be permitted to be present in Witnesses to the ~ oom or place in which the c~ roner ~ s c~n~ ucti~ g Z:c~ ~~ l~~ ~ n the Inquest except when such WItness IS gIVIng Ius gi,:ing evidence and after he has given his evidence at such : : t~ ~ : r inquest: having given Provided that if the coroner shall consider any evidence. person whether subpamaed as a witness or not has any particular interest in the proceedings, or if the coroner shall consider the conduct or act of any such person was in any material way relevant to the subject matter of the inquest, he .may permit such person to be present in such room or place; and in such case such person shall be entitled to be represented by counsel or solicitor and to examine and cross-examine witnesses in relation to the subject matter of such inquest. (4.) In any case in which in the opinion of the Po~er. of coroner the I.nt erest sof publ l ' C moral 1 'ty requI.Te that any excluslOn. persons should be excluded from the room or place in which the coroner is conducting the inquest the coroner may exclude such persons therefrom accordingly; but such power shall not be exercised for the purpose of excluding any counsel or solicitor: Provided further that the coroner shall not under the provisions of this subsection exclude representatives of newspapers from such room or place; but the coroner shall in any case have power and authority to make an order forbidding the publication of any report or account of the evidence, or other proceedings therein, either as to the whole or portion thereof, and the breach of any such order, or any colourable or attempted evasion thereof, shall be an offence under this Act, and shall render the offender liable on conviction to a penalty not exceeding

12944 JUSTICES. Coroners Act. 21 GEO. V. No. 17, two hundred pounds, to be recovered in a summary way by complaint under the Justices Acts. Summons. Fourth Schedule. (5.) Without in any way limiting the operation of the above provision, every coroner shall have full power and authority to issue a summons in the form in the Fourth Schedule or to the like effect, to any person whose evidence he may deem necessary to obtain, to attend the inquest at the time and place named in the summons and then and there to give evidence and be examined; and the coroner, either in the summons or by an order in writing, may require any person to produce at the inquest any books, documents, or writings or any other thing whatever in his custody, possession, or control which the coroner thinks ought to be produced. Warrant. Moreover, if any person summoned as a witness neglects or refuses to appear at the time and place appointed by the summons and no just cause is offered to the satisfaction of the coroner for such neglect or refusal, then (after proof upon oath that the summons was duly served upon such person) such coroner may issue his warrant to bring and have such person at the time and place to be therein mentioned before him to testify as aforesaid, and the provisions of the Justices Acts relating to the enforcement of warrants shall, mutatis mutandis, apply and be extended for the purpose of the enforcement of such warrant accordingly. Adjourn- ment. 14. When it becomes necessary or advisable to defer the holding of an inquest, the coroner may adjourn such hearing to the same or some other place, for such period as the coroner in his discretion deems reasonable, and such inquest may be conducted by the same or such other coroner as shall be acting at the time or place appointed for continuing the conduct of such inquest. Pena~ ty 15. (1.) When any person who has been summoned noengwleIcttniensgs to t 0 attend any l.nquest - attend, &0. (a) Fails without reasonable excuse to appear at the inquest; or (b) Refuses without reasonable cause to give evidence at the inquest; or (c) When required by the coroner, either in the.- summons or by order in writing as aforesaid, fails or refuses without reasonable excuse to

1930. JUSTICES. C01'oners Act. . 12945 produce at the inquest any books, docu- ments, or writings or any other thing whatever in his custody, possession, or control which the coroner thinks ought to be produced, the coroner may impose on such person a penalty not exceeding twenty pounds. (2.) Nothing hereinbefore contained shall render anYNemo tenetur person compellable to answer any question tending to se ipsum incriminate himself or herself. accusare. (3.) If any person- (a) Insults the coroner during the holding of any Further inquest; offences. (b) Wilfully interrupts the proceedings at any inquest; (c) Obstructs or assaults any persons in attendance at any inquest; (d) Refuses or neglects to obey any lawful order of the coroner, the coroner may impose on such person a penalty not exceeding twenty pounds. 16. (1.) Every person duly summoned as a witness Witnesses' at an inquest shall, for every day during which he is expenses. required to attend and actually attends at such inquest, be entitled to receive such compensation for such attendance and for travelling expenses as may be prescribed: Provided that, unless otherwise prescribed, the amount of compensation shall be computed at rates in no case exceeding the rates for the time being allowed to witnesses for the Crown and to interpreters respectively in criminal cases in the Supreme Court, taking into consideration in regard to witnesses the different rates payable in the case of different classes of witness: (2.) Any coroner by whom any inquest is held shall Statement 8 t at e I·n an abst ract the names 0 f a 11 W ' l tnesses examI.ned of accounts. at the inquest, and shall annex thereto an account of all sums of money liable to be paid and the person to whom such payment shall be made on account of the inquest, and an account of the number of days during which the inquest or any adjournment thereof continued, and shall sign and forthwith transmit the abstracts and accounts to the Minister accordingly..

]294& JUS'l'ICES. Ooronet·s Act. 21 GEO. V. No. 17, Power of 17. (1.) On default in payment of any fine imposed ~ ' : ~ ~ ~ ~ ult of under this Act, the coroner may make out and sign a payment of certificate stating- fine. (a) The name, residence, and occupation of the person so making default; (b) The amount of the fine imposed; and (c) The cause of the fine; and transmit the said certificate to the clerk of petty sessions at the nearest place appointed for holding courts of petty sessions. (2.) In every case in which a certificate has been transmitted to a clerk of petty sessions in pursuance of this section, the payment of the fine shall be enforced as if such fine had been part of the fines imposed by justices sitting in petty sessions at such place appointed for the holding of courts of petty sessions. Regulations. 18. (1.) The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or' that may be necessary or expedient to carry out the objects and purposes of this Act. Without limiting the generality of the foregoing provision, such regulations may be made- (a) For the conduct of and procedure relating to inquests; (b) For altering any of the forms set out in the Schedules to this Act, and prescribing other and additional forms; and (c) Prescribing allowances to witnesses and interpreters attending inquiries; and (d) Generally as to any matters necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act. Effect ~ f (2.) All Orders in Council and regulations shall be g~~ :~ ll: nd published in the Gazette, and thereupon shall have the regulations. same. force and effect as if they were embraced in and formed part of this Act, and shall be judicially noticed, and shall not be questioned in any proceedings whatever.

1930. JUSTICES. C01'Oners Act. 12947 (3.) Copies of such Orders in Council and regulations To be laid shall be laid before Parliament within fourteen sitting ~ : ~ ~ r: ment. days after such publication if Parliament is in session, or, if not, then within fourteen days after the com- mencement of the next session. 19. Section twenty-eight of *" The Reriistration of Amend~ ent Births Deaths and Marriages Act of 1855 " is amended as ~ o~ 93: ' 1: .. 28. follows :- (i.) In the said section all words from and including the words" and where an inquest" to and including ,the words "such magistrate" are repealed and the following words are inserted in lieu thereof :-"and where an inquest shall be held on any dead body pursuant to the provisions of "The Ooroners Act of 1930 " the coroner shall notify the district registrar by forwarding to him a copy of the "Certificate of Particulars-Inquest of Death" as set forth in the Second Schedule to such last-mentioned Act." (ii.) In section twenty-nine the words" coroner or magistrate" are repealed and the word "coroner" is inserted in lieu thereof. FIRST SCHEDULE. REPEAL OF ACTS. No. Title. Extent of Repeal. t25 Vic. No. 2 t27 Vic. No. 12 §30 Vic. No. 3 "The Ooroners Bail Act The whole Act. of 1861 " "Inquests on Fires Act of The whole Act. 1863 " "The Inquests of DeathSj The whole Act. Act of 1866 " * 19 Vie. No. 34, supra, page 3268. t 25 Vie. No. 2, supra, page 1195. t 27 Vie. No. 12, 8upra, page 1198. § 30 Vie. No. 3, supra, page 1196.

12948 JUSTICES. Ooroners Act. 21 GEO. V. No. 17, 1930. SECOND SCHEDULE. "The Ooroners Act of 1930." CERTIFICATE OF PARTICULARS-INQUEST OF DEATH. I hereby certify that on the day of an Inquest of Death at , in the district of that the following particulars were then disclosed :- Name of deceased: Profession or calling: Height: Colour of hair : Peculiar clothing : Any other -means of identity: Where found and when: Date of death: Supposed cause of death: Persons last seen in company of deceased: Names of suspected persons: Names, residences. and callings of witnesses: Suspicious circumstances: 19 I held , and Coroner. NOTB.-One copy of this certificate must be attached to the Inquest of Death Depositions and fot'warded to the Attorney-General, and a duplicate must be sent to the Commissioner of Police. A copy must also be forwarded, together with the "Certificate of Information," to the District Registrar of Births, Deaths, and Marriages of the district within which the death took place. THIRD SCHEDULE. "The Ooroners Act of 1930." CERTIFICATE OF PARTICULARS-INQUEST OF FIRES. I hereby certify that on the day of an Inquest on a Fire at in the district of that the following particulars were then disclosed :- 19 I held , a.nd Description of property: Where situate: Date of fire: Supposed cause of fire : Names, residences, and callings of witnesses: Suspicious circumstances. Coroner. [email protected] copy of this certificate must be attached to the Inquest of Fire Depositions and forwarded to the Attorney-General, and a duplicate must be sent to the Commissioner of Police.

JUSTICES. 21 GED. V. No. 29, 1930. Children's Oourts Act Amendment Act. FOURTH SCHEDULE. "The Coroners Act of 1930." SUMMONS TO A WITNESS. Queep.sland to wit: To of These are in His Majesty's name to require and command you , of ,to appear before me, the undersigned, one of the Coroners for Queensland, at ,in the said State, on the day of 19 , at o'clock in the noon, then and there on His Majesty's behalf to testify what you shall know concerning* (and also to bring the following books, documents, and other things : - or such of them as are in your possession or control). Dated at . this day of , 19 Coroner. *The death of one , or a certain fire which occurred at , a8 the case mny be. 12949 An Act to Amend "The Children's Courts Act 21 Geo. V. of 1907" in certain particulars. No. 29. THE [A SSENTED TO 4 TH D ECEMBER, 1930 . ] CCOHUILRDTSREANO' ST B ~ • . AMENDMENT h It enacted by the King's Most Excellent :Majesty, AOTOF 1930. by and with the advice and consent of the Legis- lative Assembly of Queenslandin Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Ohildren's Courts Short title Act Amendment Act of 1930," and shall be read as one and . with *" The Ohildren's Oourts Act of 1907" (as amended constructIOn. by t" The State Ohildren Act of 1911 "), herein referred . to as the Principal Act. The Principal Act and this Act may collectively be cited as "The Ohildren's Oourts Acts, 1907 to 1930." Amendments of the Principal Act. 2. The following words are added to the definition Amendment of "Children's Court" in section two of the Principal of s. 2. Act, namely:- "The term also includes the Children's Court as constituted by the appointment by * 7 Edw. VII. No. 3, supra, page 1199. t 2 Geo. V. No. 11, supra, page 5076. I