Coroners Regulation 2021 (NSW)

1Name of Regulation

This Regulation is the Coroners Regulation 2021.

2Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Note—

This Regulation repeals and replaces the Coroners Regulation 2010, which would otherwise be repealed on 1 September 2021 by the Subordinate Legislation Act 1989, section 10(2).

3Definition

In this Regulation—

the Act means the Coroners Act 2009.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

4Guidelines about reporting fires and explosions

For the purposes of exercising the function specified in the Act, section 10(1)(b), the State Coroner may issue guidelines about the reporting of fires and explosions.

4AMeaning of “specialist disability accommodation”—the Act, s24(3)(1)

For the Act, section 24(3), definition of specialist disability accommodation, paragraph (b), premises are prescribed to be specialist disability accommodation if—

• (a)

  the premises are residential, and

• (b)

  the premises are under the control, direction or management of a registered NDIS provider, within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth, and

• (c)

  the registered NDIS provider provides supported independent living at the premises.

(2)

For the Act, section 24(3), definition of specialist disability accommodation, paragraph (c), nursing homes are prescribed not to be specialist disability accommodation.

(3)

In this clause—

nursing home means a facility at which residential care within the meaning of the Aged Care Act 1997 of the Commonwealth is provided.

supported independent living has the same meaning as in the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018 of the Commonwealth.

cl 4A: Ins 2022 No 35, Sch 2.4.

5Fees payable to odontologists(1)

For the purposes of the Act, section 93(2), the prescribed fees payable to an odontologist are—

• (a)

  the rate payable to the odontologist for performing a service, as specified in Schedule 1, and

• (b)

  the amount of GST payable for the service, being no greater than 10% of the rate payable.

(2)

In this clause—

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.

6Domestic Violence Death Review Team

For the purposes of the Act, section 101E(3A), in appointing representatives of an organisation to the Domestic Violence Death Review Team, the Minister must be satisfied that the members of the Team will have, between them, qualifications, experience or expertise in each of the following areas—

• (a)

  child protection,

• (b)

  corrective services,

• (c)

  drug and alcohol treatment and rehabilitation,

• (d)

  housing,

• (e)

  Indigenous affairs,

• (f)

  juvenile justice,

• (g)

  mental health,

• (h)

  the advancement of women.

7Repeal and savings(1)

The Coroners Regulation 2010 is repealed.

(2)

Any act, matter or thing that, immediately before the repeal of the Coroners Regulation 2010, had effect under that Regulation continues to have effect under this Regulation.

Schedule 1Rates payable to odontologists

Clause 5

Service	Rate payable $
1	Carrying out, and preparing a report on, a dental examination of a dead person by an odontologist	600.00
2	Travelling to and from, and attending and giving evidence at, an inquest in relation to an examination referred to in item 1—
(a) for the first 2 hours or part of 2 hours	177.90
(b) for each subsequent half hour or part of a half hour	26.80
(c) the maximum amount payable per day under paragraphs (a) and (b)	547.40
3	Travelling by private motor vehicle to carry out an examination referred to in item 1 or to give evidence at an inquest in relation to the examination—per kilometre	0.97

Historical notesTable of amending instruments

Coroners Regulation 2021 (211). LW 7.5.2021. Date of commencement, on publication on LW, cl 2. This Regulation has been amended as follows—

2022 No 35 Disability Inclusion Amendment Act 2022. Assented to 1.7.2022. Date of commencement, assent, sec 2.

Table of amendments

Cl 4A Ins 2022 No 35, Sch 2.4.