Coroners Amendment Act 2000 (WA)

Western Australia

Coroners Amendment Act 2000

Western Australia

Coroners Amendment Act 2000

CONTENTS

1.	Short title	1
2.	The Act amended	2
3.	Section 3 amended	2
4.	Section 7 replaced	2

7.	Deputy State Coroner	2
7A.	Acting Deputy State Coroner	3

5.	Section 21 amended	4
6.	Section 29 amended	4
7.	Section 36 amended	5
8.	Section 37 amended	5
9.	Section 38 amended	7

Western Australia

Coroners Amendment Act 2000

No. 8 of 2000

An Act to amend the Coroners Act 1996, and for related purposes.

[Assented to 12 May 2000]

The Parliament of Western Australia enacts as follows:

1.             Short title

This Act may be cited as the Coroners Amendment Act 2000.

Coroners Amendment Act 2000

s. 2

2.             The Act amended

The amendments in this Act are to the Coroners Act 1996*.

[* Act No. 2 of 1996.

For subsequent amendments see 1998 Index to Legislation of

Western Australia, Table 1, p. 52, and Act No. 40 of 1998.]

3.             Section 3 amended

Section 3 is amended by inserting, in the appropriate

alphabetical position, the following definition —

“

“Deputy State Coroner” means the person appointed

under section 7;

”.

4.             Section 7 replaced

Section 7 is repealed and the following sections are inserted

instead —

“

7.             Deputy State Coroner

(1)

The Attorney General, on the recommendation of the

State Coroner, is to appoint a coroner to be Deputy

State Coroner for such period as is specified in the

instrument of appointment.

(2)

A person appointed under subsection (1) is to perform such functions of the State Coroner as are assigned by the State Coroner.

(3)

Where the State Coroner is absent from duty or the office of State Coroner is vacant, the Deputy State Coroner may act in the office of State Coroner and

Coroners Amendment Act 2000

s. 4

when so acting has all the functions of the State

Coroner.

(4)

The Deputy State Coroner may not practise as a

practitioner as defined by the Legal

Practitioners Act 1893 or be directly or indirectly

concerned in such practice.

(5)

In the exercise of that office the Deputy State Coroner

has the same protection and immunity as a Judge has in

respect of proceedings in the Supreme Court.

(6)

The Deputy State Coroner may at any time, by written

notice addressed to the Attorney General, resign as

Deputy State Coroner.

7A. Acting Deputy State Coroner

(1)

The Attorney General, on the recommendation of the

State Coroner, may appoint a coroner to act in the

office of Deputy State Coroner for such period as is

specified in the instrument of appointment.

(2)

A person appointed under subsection (1) is to act in the office of Deputy State Coroner when the Deputy State Coroner is absent from duty or the office of Deputy

State Coroner is vacant and when so acting has all the functions of the Deputy State Coroner.

(3)

The person appointed as acting Deputy State Coroner

may at any time, by written notice addressed to the

Attorney General, resign from that office.

”.

Coroners Amendment Act 2000

s. 5

5.             Section 21 amended

Section 21(2) is amended by inserting after “that death” —

“

or a direction to make such findings as are possible

under section 25(1) in relation to that death by a day

specified in the direction

”.

6.             Section 29 amended

Section 29 is amended as follows:

(a) in subsection (2) by deleting “an application made under section 24 is disposed of or the time for making such an application has expired.” and inserting instead —

“

—

(a)	an application made under section 36(3) is disposed of;
(b)	the time specified in section 36(3) for making an application has expired; or
(c)

if the coroner investigating the death has notice section 36(3a) for an extension of time, the application is disposed of or any extension of time granted under section 36(3a) has expired.

”;

(b) in subsection (3) by deleting “24” and inserting instead —

“ 36(4) ”.

Coroners Amendment Act 2000

s. 7

7.             Section 36 amended

Section 36 is amended as follows:

(a) in subsection (3) after “Within 2” by inserting —

“ clear working ”;

(b) in subsection (3) after “refusal,” by inserting —

“

or before the end of any extension of time granted by

the Supreme Court,

”;

(c) after subsection (3) by inserting the following subsection —

“

(3a)	The Supreme Court may grant an extension of time within which a person may apply to the Court for an order that a post mortem examination be performed if it
is satisfied that exceptional circumstances exist so that it is necessary or desirable in the interests of justice to grant the extension.

”;

(d) in subsection (4)(b) after “disposal” by inserting — “

of the body until the post mortem examination

has been conducted, or, if the body has been

buried, directing that the body be exhumed

”.

8.             Section 37 amended

Section 37 is amended as follows:

(a) in subsection (2) after “until 2” by inserting —

“ clear working ”;

Coroners Amendment Act 2000

s. 8

(b) in subsection (2) after “decision” by inserting —

“

or until after the end of any extension of time granted

by the Supreme Court under subsection (3a)

”;

(c) after subsection (2) the following subsection is inserted —

“

(2a)

The coroner may direct that a post mortem examination

be performed if a senior next of kin who has asked the

coroner not to direct a post mortem examination

withdraws the request.

”;

(d) in subsection (3) after “Within 2” by inserting —

“ clear working ”;

(e) in subsection (3) after “decision,” by inserting —

“

or before the end of any extension of time granted by

the Supreme Court,

”;

(f) after subsection (3) by inserting the following subsection —

“

(3a)

On the application of the senior next of kin, the

Supreme Court may grant an extension of time within

which the senior next of kin may apply to the Court for

an order that no post mortem be performed if the post

mortem examination has not been performed and it is

satisfied that exceptional circumstances exist so that it

is necessary or desirable in the interests of justice to

grant the extension.

”.

Coroners Amendment Act 2000

s. 9

9.             Section 38 amended

Section 38 is amended as follows:

(a) in subsection (2) after “at least 2” by inserting —

“ clear working ”;

(b) in subsection (3) after “until 2” by inserting —

“ clear working ”;

(c) in subsection (4) after “within 2” by inserting —

“ clear working ”;

(d) in subsection (6) by deleting “be postponed until 2 days after that notice is received by the senior next of kin.” and inserting instead —

“

not take place —

(a)	until 2 clear working days after that notice is received by the senior next of kin; or
(b)	if an application for an extension of time has been made, until the application is refused or the application for an order that the body not be

exhumed is dealt with.

”;

(e) in subsection (7) after “Within 2” by inserting —

“ clear working ”;

(f) in subsection (7) after “subsection (5),” by inserting —

“

or before the end of any extension of time granted by

the Supreme Court,

”;

Coroners Amendment Act 2000

s. 9

(g) after subsection (7) by inserting the following subsection —

“

(7a)	The Supreme Court may grant an extension of time within which a person may apply to the Court for an order that the body not be exhumed if the exhumation
has not taken place and it is satisfied that exceptional circumstances exist so that it is necessary or desirable in the interests of justice to grant the extension.

”;

(h) after subsection (8) by inserting the following subsection —

“

(9) Section 38 does not apply if the Supreme Court by order under section 36(4)(b) directs that a body be exhumed.

”.