Coroners Amendment Act 2005 (TAS)

Coroners Amendment Act 2005

An Act to amend the Coroners Act 1995

[Royal Assent 15 December 2005]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Coroners Amendment Act 2005 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Coroners Act 1995 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3 of the Principal Act is amended by inserting after subparagraph (x) in paragraph (a) of the definition of reportable death the following subparagraph: (xi) that occurs at, or as a result of an accident or injury that occurs at, the deceased person’s place of work, and does not appear to be due to natural causes; or 5Section 24 amended (Jurisdiction of coroner to hold inquest into a death) Section 24(1) of the Principal Act is amended by inserting after paragraph (e) the following paragraph: (ea) the deceased died at, or as a result of an accident or injury that occurred at, his or her place of work and the coroner is not satisfied that the death was due to natural causes; or 6Section 26A insertedAfter section 26 of the Principal Act , the following section is inserted in Part 5: 26ADecision by coroner to hold an inquest into a workplace death (1)  A coroner who decides to hold an inquest pursuant to section 24(1)(ea) must – (a) record the decision in writing; and (b) specify the reasons for the decision; and (c) as soon as practicable after making the decision, notify the senior next of kin of the deceased person, in writing, of the decision, including the reasons for the decision. (2)  Within 14 days after receiving notice of a decision under subsection (1) , the senior next of kin of the deceased person may, in writing, request the coroner not to hold the inquest. (3)  If the senior next of kin makes that request, the coroner, despite section 24(1)(ea) , may decline to hold the inquest if he or she is satisfied that it would not be contrary to the public interest or the interests of justice if the inquest were not held.

[Second reading presentation speech made in:

House of Assembly on 8 NOVEMBER 2005

Legislative Council on 30 NOVEMBER 2005]