Coroners Regulations 1994 (NT)
NORTHERN TERRITORY OF AUSTRALIA
Coroners regulations 1994
As in force at 28 November 2022
northern territory of australia
As in force at 28 November 2022
CORONERS regulations 1994
Regulations under the Coroners Act 1993
These Regulations may be cited as the
These Regulations shall come into operation on the commencement of the
In these Regulations, a reference to a form by number is a reference to the form so numbered in Schedule 2.
(1) A person may report a death to a coroner or a member of the Police Force by telephone or by facsimile.
(2) Where a person reports a death, he or she shall, not later than 24 hours after reporting the death, furnish information to the person he or she reported the death to in accordance with Form 1.
For the purposes of section 13 of the Act:
(a) a person who reports a death shall give to the coroner investigating the death any information that may help the investigation; and
(b) a member of the Police Force who has information relevant to an investigation into a death shall report it to the coroner investigating the death,
not later that 28 days after the death was reported.
(1) In considering which medical practitioner to direct to perform an autopsy, a coroner shall have regard to the following matters:
(a) an autopsy should be performed as soon as practicable after a death;
(b) a medical practitioner who performs an autopsy must conduct the autopsy on premises that are adequately equipped for the purposes of conducting an autopsy;
(c) a medical practitioner who performs an autopsy must have access to a laboratory with facilities for conducting pathological tests.
(2) The medical practitioner who is directed to perform the autopsy shall:
(a) wherever possible, be a qualified forensic pathologist; or
(b) where a person referred to in paragraph (a) is not available, be a qualified pathologist who is, in the opinion of the coroner, suitably experienced to perform an autopsy.
7 Duties of medical practitioner (1) A medical practitioner who is directed to perform an autopsy by a coroner shall perform the autopsy as soon as practicable after being so directed.
(2) A medical practitioner who performs an autopsy shall, as far as is practicable, make arrangements for the preservation, for such period as the coroner considers necessary, of material he or she deals with in the course of the conduct of the autopsy which is, in his or her opinion, relevant to the cause of the death of the deceased person.
(3) On completion of an autopsy, the medical practitioner who conducted the autopsy shall, as soon as practicable, notify the coroner in writing:
(a) of his or her preliminary findings as to the cause of the death;
(b) that the cause of the death is undetermined; or
(c) that the cause of the death is still under investigation,
whichever is the case.
(4) The medical practitioner who performs an autopsy shall, not later than 28 days after completing the autopsy, provide the coroner with a written report of his or her findings in respect of the autopsy but he or she shall not, unless authorised by the coroner, provide a copy of the report to any other person.
(1) Where a coroner directs that an autopsy shall be performed on a body, he or she may, on being requested to do so, permit a person who demonstrates to the coroner a sufficient interest in the conduct of an autopsy to attend the autopsy.
(2) Where a person referred to in subregulation (1) attends an autopsy, that person shall behave in such a manner so as not to interfere in any way in the performance of the autopsy.
Where a coroner holds an inquest into the death of a person held in custody, the inquest shall not be commenced in the absence of the senior next of kin of the deceased person, or other representative of the family of the deceased person nominated by the senior next of kin, unless the coroner is satisfied that the senior next of kin or the nominated representative does not wish to attend the inquest, that wish being advised to the coroner by the senior next of kin or the nominated representative, as the case may be, or by his or her legal practitioner, appearing before the coroner.
(1) A member of the Police Force who has information relevant to an investigation into a disaster shall report it to the coroner investigating the disaster not later than 28 days after the disaster occurred.
(2) Where a disaster occurs that is a fire, a police officer who has information relevant to an investigation into the fire shall make a report about the fire to a coroner in accordance with Form 2.
The person appointed to assist the coroner for the purposes of section 41(2) of the Act shall:
(a) be a legal practitioner; and
(b) if practicable, be experienced in coronial matters.
Where a coroner makes an order pursuant to section 42 of the Act that all or any persons shall go and remain outside and beyond the hearing of an inquest, the coroner shall, if requested to do so by a person who is affected by the order, give to the person as soon as practicable after receiving the request his or her written reasons for making the order.
(1) During the conduct of an investigation or inquest by the coroner under the Act, the coroner may direct that a person or class of persons may inspect or copy the record and file of the investigation or inquest, and only that person or such persons may do so.
(2) Where a coroner orders pursuant to section 43 of the Act that a report of an inquest, of part of the proceedings or of evidence given at an inquest shall not be published, the coroner shall also order that the record and file of the inquest shall not be open to inspection by, or otherwise available to, any person other than a party to the proceedings or a member of the family of a person whose death was a subject of the inquest.
(3) At the completion of an investigation, the coroner may order that the record and file of the investigation is not to be open to inspection by, or otherwise available to, any person other than a party to the proceedings or a member of the family of a deceased person whose death was investigated.
(1) A failure to comply with the Regulations does not render a document, a step taken or a proceeding commenced for the purposes of the Act or these Regulations a nullity.
(2) A coroner may dispense with compliance with a requirement of these Regulations whether before or after the occasion for compliance arises.
(3) Where there has been a failure to comply with these Regulations in relation to a document, a step taken or a proceeding commenced for the purposes of the Act or these Regulations, a coroner may, in such manner and upon such terms as he or she thinks fit:
(a) dispense with compliance with the requirement;
(b) make an appropriate amendment; or
(c) make an appropriate order.
15 Table of forms Forms 3 to 12 inclusive are to be used for the purposes of the Act by reference to and in accordance with the Table in Schedule 1.
A person who contravenes or fails to comply with a provision of these Regulations commits an offence against these Regulations.
Maximum penalty: 17 penalty units.
regulation 15
Section of Act | Description of Form | Number of Form |
11 | Record in relation to an investigation | 3 |
17 | Certificate permitting the disposal of a body | 4 |
19(2) | Written authorisation of a member f the Police Force to enter a specified place, &c. | 5 |
19(4) | Undertaking to comply with conditions of release | 6 |
20 | Direction to medical practitioner to perform an autopsy | 7 |
24(1) | Order to exhume body | 8 |
32(1) | Notice of restriction of access to the place where a disaster has occurred | 9 |
33(2) | Written authorisation of a member of the Police Force to enter a specified place, &c. | 5 |
33(4) | Undertaking to comply with conditions of release | 6 |
41(1) | Summons to attend as a witness or to produce a document or materials | 10 |
41(4) | Warrant to arrest a person who does not appear | 11 |
42 | Exclusion Order | 12 |
FORM 1
regulation 4
NORTHERN TERRITORY OF AUSTRALIA
section 12
INITIAL NOTIFICATION OF DEATH FOR CORONER
Details of Deceased
Name:
Address:
Sex: M/F*
Age:
D.O.B:
Occupation:
D.O.D:
Apparent cause of death (Tick where applicable):
Suicide | Poisons/Drugs | Road/MVA | Other |
Natural Causes | Gas Poisoning | Industrial Accident | |
Violence | Electrocution | Mining Accident |
Did Doctor attend? Yes/No*
Can Doctor certify cause of death? Yes/No*
Did deceased suffer previous injury or illness? Yes/No*
If yes – particulars:
Circumstances of death:
Any suspicious circumstances? Yes/No*
Any person to be charged in relation to death? Yes/No*
If yes – particulars:
Person who reported death
Name:
Address:
Where body found:
The body is at:
Member Reporting (print) | Reg No. | Rank | Station | Date | Divisional Officer Signature |
Reporting member shall:
1. Notify death in first instance to Coroner’s Constable and Divisional Officer by telephone/telex/radio etc.
2. Complete form in triplicate before completion of tour of duty: Side A – Death, Side B – Fires.
3. Ensure original and duplicate forms are delivered to Coroner:
(a) within Darwin/Alice Springs by 0900 hours the day immediately following death or fire.
(b) in country areas forward original immediately to coroner at centre nearest to where death or fire occurred.
4. Forward triplicate copy immediately to Divisional Officer.
5. Ensure deceased identified as soon as possible.
6. Remember that this is only an initial report. Complete a full report and comply with other relevant provisions contained in General Order "Coroners and Inquests" – Code C9.
* Delete if not applicable.
FORM 2
regulation 10(2)
NORTHERN TERRITORY OF AUSTRALIA
section 31
INITIAL NOTIFICATION OF FIRE FOR CORONER
Location of Fire:
Date: Time:
Type of Fire:
Fire Brigade Notified by:
Time Brigade Attended:
Fire Officers Reported By:
Suspected Cause:
How Extinguished:
Description of Property Destroyed or Damaged:
Yes/No Insured: Name of Insurance Company:
Value of Property:
If person Injured/Deceased*
Name:
D.O.B:
Address:
Nature of Injury:
*Note – If deceased complete Side "A" as well
Give Brief Summary of Circumstances:
Member Reporting (print) | Reg No. | Rank | Station | Date | Divisional Officer Signature |
Reporting member shall:
1. Notify Coroner’s Constable and Divisional Officer of fire in first instance by telephone/telex/radio etc.
2. Complete form in triplicate before completion of tour of duty: Side A – Death, Side B – Fires.
3. Ensure original and duplicate forms are delivered to Coroner:
(a) within Darwin/Alice Springs by 0900 hours the day immediately following death or fire.
(b) in country areas forward original immediately to coroner at centre nearest to where death or fire occurred.
4. Forward triplicate copy immediately to Divisional Officer.
5. Ensure deceased identified as soon as possible.
6. Remember that this is only an initial report. Complete a full report and comply with other relevant provisions contained in General Order "Coroners and Inquests" – Code C9.
* Delete if not applicable
FORM 3
regulation 15
NORTHERN TERRITORY OF AUSTRALIA
section 11
RECORD OF INVESTIGATION INTO DEATH OR DISASTER
I, , Coroner, having investigated:
1. *The death of
*A disaster which occurred at
2. *Without holding an inquest.
*With an inquest held at
on 19 .
3. *Find that:
*The identity of the deceased was
and that death occurred in / / at
from (
*The cause and origin of the disaster was and the circumstances in which the fire occurred were:
4. And I further find that
contributed to:
*the cause of death/the disaster.
5.
Coroner
* Delete if not applicable
FORM 4
regulation 15
NORTHERN TERRITORY OF AUSTRALIA
section 17
CORONER’S CERTIFICATE
Case No:
Rel No:
IJIS ID:
Full name of deceased:
Usual residence of deceased person:
I, the undersigned, hereby certify that the death of was duly reported to a coroner on .
In the medical report of it was stated that the cause of death was:
I have authorised the disposal of human remains, and I am satisfied that no circumstance exists that can render necessary any further examination of the remains, any analysis of any body part or the making of any toxicological examination. There is no reason why the remains should not be buried, cremated, disposed of or taken out of the Territory for disposal.
Dated 19 .
Coroner
FORM 5
regulation 15
NORTHERN TERRITORY OF AUSTRALIA
sections 19(2)
and 33(2)
CORONER’S AUTHORITY TO A MEMBER OF THE POLICE FORCE
Case No.
I, , coroner, reasonably believing it necessary for investigating:
*the death of
*a disaster
AUTHORISE , a member of the Police Force:
*to enter (specify place)
*to inspect (specify place)
and anything in it.
*to take a copy of (specify documents or classes of documents)
*to take possession of (specify things or classes of things) at or between the hours of and during the period commencing the day of 19 and concluding on the day of 19 (such period not to exceed one month after the date of this authority).
Dated at the day of 19 .
Coroner
* Delete those not applicable
FORM 6
regulation 15
NORTHERN TERRITORY OF AUSTRALIA
sections 19(4)
and 33(4)
UNDERTAKING TO COMPLY WITH CONDITIONS OF RELEASE
Description of things
Kept pursuant to section 19 or 33
I, , coroner, having taken possession of the things specified above pursuant to section 19 or 33 of the
*A disaster which occurred at
*The death of
Authorise the release of
To
Of
On conditions that
I, , enter this undertaking and acknowledge receipt of a copy thereof setting out my obligations concerning the conditions of release of the things specified in this undertaking and I acknowledge that if I fail to comply with these conditions that I am liable to a penalty.
Signature of person entering undertaking
I satisfied myself before releasing the things specified in this undertaking that understood the nature and extent of his/her obligations under the conditions of this undertaking and the consequences of his/her failure to comply with them.
Undertaking entered on / / at in the Northern Territory before me.
Coroner
* Delete if not applicable
FORM 7
regulation 15
NORTHERN TERRITORY OF AUSTRALIA
section 20
DIRECTION TO PERFORM AUTOPSY
Case No:
Rel No:
IJIS ID:
I, , a coroner for the Northern Territory, hereby order you, , a medical practitioner, to perform an autopsy upon the body of which is now lying at the Mortuary, in .
Dated 19 at in the Northern Territory.
Coroner
FORM 8
regulation 15
NORTHERN TERRITORY OF AUSTRALIA
section 24(1)
ORDER TO TAKE AND REMOVE HUMAN REMAINS FOR AUTOPSY
To a member of the Police Force of the Northern Territory of Australia and to all others whom it may concern.
Whereas under the
whose remains are at present lying at
And whereas I have directed that an autopsy of the remains be made.
I therefore, charge and command you that you forthwith with such assistance as may be necessary take and remove the remains of
to
so that an autopsy can there be made upon the remains according to law and for so doing this is your warrant.
Given under my hand this day of 19 .
Coroner
(
FORM 9
regulation 15
NORTHERN TERRITORY OF AUSTRALIA
section 32(1)
NOTICE RESTRICTING ACCESS TO DISASTER AREA
"RESTRICTED AREA
NO ENTRY WITHOUT
CORONER’S AUTHORITY
MAXIMUM PENALTY: 40 PENALTY UNITS OR IMPRISONMENT FOR 6 MONTHS
FORM 10
regulation 15
NORTHERN TERRITORY OF AUSTRALIA
section 41(1)
SUMMONS TO ATTEND AS A WITNESS OR TO PRODUCE MATERIALS
To of :
You are required to appear before me, the undersigned, a coroner (or deputy coroner) for the Northern Territory of Australia, at in the Territory on the day of at o’clock in the , then and there to testify what you know concerning the death of (
Dated at this day of 19 .
Coroner
(
FORM 11
regulation 15
NORTHERN TERRITORY OF AUSTRALIA
section 41(4)
WARRANT FOR THE ARREST OF A PERSON WHO DOES NOT APPEAR
To the members of the Police Force of the Northern Territory of Australia:
Whereas of
in that Territory, having been duly summoned to appear before me and my inquest at on the day of 19 , at in the Territory, to give evidence (or produce materials) concerning the death of (
These are therefore to command you forthwith to apprehend the abovenamed
and bring him before me to be dealt with according to law.
Given under my hand this day of 19 .
Coroner
(
FORM 12
regulation 15
NORTHERN TERRITORY OF AUSTRALIA
section 42
ORDER EXCLUDING PEOPLE FROM AN INQUEST
Ref. No.
This inquest is being held into
The death of
Which happened on Day Month Year
The disaster at Postcode
Which happened on Day Month Year
Information about the order
Who does it apply to?
The Coroner has ordered that the following people:
must not enter the room where the inquest is being held.
How long does it apply?
This order applies:
From Time Day Month Year
To Time Day Month Year
For the whole of the inquest.
What if I have been summoned?
You must wait outside the room until you are called in to give evidence or deliver documents or other materials.
Information about the making of the order
Made by State Coroner
coroner
Where
• When Time Day Month Year
Signature
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Notified | 31 March 1994 |
Commenced | 3 April 1994 (r 2, s 2 |
Assent date | 17 May 2007 |
Commenced | s 10: 1 July 2007 ( |
Assent date | 20 May 2010 |
Commenced | 1 July 2010 ( |
Assent date | 9 August 2022 |
Commenced | 28 November 2022 ( |
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
4 LIST OF AMENDMENTS
r 9 amd Act No. 7, 2007, s 16
r 16 amd Act No. 12, 2010, s 3
Sch 2 amd Act No. 12, 2010, s 3; Act No. 16, 2022, s 222
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