Coroners Regulations 1997 (WA)
Western Australia
Coroners Act 1996
Western Australia
Coroners Act 1996
These regulations may be cited as the
These regulations come into operation on the day on which the
In these regulations —
For the purposes of the Act a pathologist is a doctor with a qualification in pathology recognized by the Royal College of Pathologists of Australasia.
The oath or affirmation of office for the State Coroner referred to in section 9 of the Act is to be in the form of Form 1 or 2.
The State Coroner is not to delegate the power to conduct an inquest to a coroner’s registrar.
For the purposes of the
For the purposes of the
(a) a document issued by the court in accordance with regulation 5C is authenticated if the electronic document identifies the person who issued it; and
(b) a document filed with the court in accordance with regulation 5D is authenticated if the name of the person who signed the document is stated in the electronic version of the document at any place where a signature appears in the paper version of the document.
For the purposes of the
(a) if the person is an authorised user of the ECMS — by means of the ECMS; or
(b) if the person provides an email address for service — by email.
(1) For the purposes of the
Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 12, a person who is required or authorised under the Act to file a document with the court may file the document in electronic form —(a) if the person is an authorised user of the ECMS — by means of the ECMS; or
(b) by email to an email address provided by the court.
(2) A document that does not comply with the requirements of the ECMS is taken —
(a) not to have been filed with the court; and
(b) not to be part of the court’s record.
(3) If an authorised user of the ECMS files a document with the court in electronic form by means of the ECMS but does so in error, the court may, with the consent of the authorised user, remove the document from the court’s record.
A document issued in accordance with regulation 5C or filed in accordance with regulation 5D —
(a) by means of the ECMS, is taken to have been issued or filed on the day and at the time recorded by the ECMS; or
(b) by email, is taken to have been issued or filed —
(i) if the email is sent before 4 pm on a working day — on that day;
(ii) otherwise, on the next working day after the day on which the email is sent.
A record of investigation into a death to be kept under section 26(1) of the Act is to be in the form of Form 3.
A certificate permitting burial, cremation or other disposal to be issued under section 29(1) of the Act is to be in the form of Form 4.
A request to a coroner under section 36(1) of the Act to direct that a post mortem be performed on a body is to be made in writing and is to specify the reason why the post mortem is sought.
Before giving a direction to a pathologist or doctor to perform a post mortem on a body under section 34(1) of the Act, the coroner is to take into account all of the medical information then available concerning the last illness of the deceased person, if it appears that the illness may be relevant to the death.
An order by the State Coroner under section 38(1) of the Act that a body be exhumed, is to be in the form of Form 5.
A request under section 38(3) of the Act to the State Coroner asking that a body not be exhumed is to be made in writing and is to specify reasons why the body should not be exhumed.
A notice under section 32(4) of the Act is to be in the form of Form 6.
Agreement by a coroner under section 32(2) of the Act to a restriction imposed by a coroner’s investigator is to be in the form of Form 7.
(1) An authorisation to a coroner’s investigator under section 33(3) of the Act is to be in the form of Form 8.
(2) A request to a coroner to release any thing under section 33(5) of the Act is to be in writing and is to specify reasons why the release of the thing is sought.
(3) An undertaking given under section 33(5) of the Act is to be in the form of Form 9.
A request under section 24 of the Act to a coroner to hold an inquest into a death is to be made in writing and is to specify the reason why the inquest is sought.
(1) A summons issued under section 46(1) of the Act requiring a person to attend as a witness or to produce any document or other material is to be in the form of Form 10.
(2) A summons under section 46(1) of the Act is to be —
(a) served personally; or
(b) left at the person’s usual or last known place of abode with a person who is, or appears to be, over the age of 16 years.
(3) A warrant of apprehension issued under section 46(4) of the Act is to be in the form of Form 11.
The following persons are interested persons for the purposes of section 44(3) of the Act —
(a) a spouse, de facto partner, child, parent or other personal representative of the deceased person;
(b) any of the deceased person’s next of kin under section 37(5) of the Act;
(c) a beneficiary under a policy of insurance issued on the life of the deceased person;
(d) an insurer who issued such a policy of insurance;
(e) a person whose act or omission, or the act or omission of an agent or servant of that person, may in the opinion of the coroner have caused, or contributed to, the death of the deceased person;
(f) a person appointed by an organization of employees to which the deceased person belonged at the time of death, if the death of the deceased person may have been caused by an injury received in the course of employment or by an industrial disease;
(g) the Commissioner of Police appointed under the
Police Act 1892 .
(1) An order made under section 45(1) of the Act excluding persons from an inquest is to be in the form of Form 12.
(2) Where a coroner makes an order under section 45(1) of the Act he or she is to notify the State Coroner that the order has been made.
(1) Before the completion of an investigation into a death, a coroner may direct that part or all of the record of the investigation of the death be made available to such persons or class of persons as the coroner directs.
(2) After the completion of an inquest into a death the coroner’s record of the investigation of the death is to be open to public access unless the coroner orders otherwise.
The oath or affirmation to be administered to witnesses at an inquest is to be in the form of Form 13 or 14.
(1) The fee to be paid to a doctor who carries out a service referred to in an item of Schedule 2 is as set out opposite the relevant item in that schedule.
(2) A doctor is not entitled to a fee set out in Schedule 2 if the doctor is in receipt of a salary from the State or is entitled to any other payment in respect of the service set out opposite the fee, unless the State Coroner agrees otherwise.
(1) The fees set out in Schedule 3 are payable in respect of the matters specified in that Schedule.
(2) In relation to a matter specified in an item in Schedule 3 —
(a) the fee payable by an individual who is not an eligible individual is the fee shown in column A for that item; or
(b) the fee payable by an eligible individual is the eligible individual fee for that item.
A person is not required to pay a fee in respect of a matter if —
(a) a written law provides that the person is not required to pay a fee in respect of a matter of that type; or
(b) the person has not reached 18 years of age on the day the fee would otherwise be payable.
(1) In this regulation —
(2) An eligible individual is —
(a) an individual who holds one or more of the following cards issued by Centrelink —
(i) a health care card;
(ii) a health benefit card;
(iii) a pensioner concession card;
(iv) a Commonwealth seniors health card;
or
(b) an individual who holds any other card issued by Centrelink or the Department of Veterans’ Affairs of the Commonwealth that certifies entitlement to Commonwealth health concessions; or
(c) an individual who is in receipt of a youth training allowance, or an AUSTUDY allowance, as defined in the
Social Security Act 1991 (Commonwealth) section 23(1); or(d) an individual who is in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme; or
(e) an individual who has been granted legal aid under the
Legal Aid Commission Act 1976 or a legal aid scheme or service established under a Commonwealth, State or Territory law in respect of the proceedings in relation to which a fee would otherwise be payable; or(f) an individual who a coroner or a coroner’s registrar has directed is an eligible individual under regulation 23D(1).
(1) A person may apply for a direction under regulation 23D(1) that, in respect of a matter specified in Schedule 3, the person is an eligible individual described in regulation 23B(2)(f).
(2) An application is to be in the approved form and is to specify the matter in respect of which the individual is seeking to pay the eligible individual fee.
(3) Despite anything else in these regulations, a fee is not to be charged in respect of an application under subregulation (1).
(1) On an application under regulation 23C(1) a coroner or a coroner’s registrar may direct that a person is an eligible individual described in regulation 23B(2)(f) if satisfied that the person should be required to pay only an eligible individual fee in respect of the matter for either, or both, of the following reasons —
(a) financial hardship;
(b) the interests of justice.
(2) A coroner or a coroner’s registrar may, before an application is determined, direct the applicant to provide to the coroner or the registrar further information relating to the application.
(3) A direction to provide further information —
(a) may be made in writing or orally; and
(b) may require that the information is provided either in writing or orally.
(1) A person who makes a statement or representation in an application made under these regulations, or provides further information in relation to an application, that the person knows or has reason to believe is false or misleading in a material particular commits an offence.
Penalty for this subregulation: a fine of $1 000.
(2) A coroner or a coroner’s registrar may revoke a direction made under regulation 23D(1) if satisfied, having given the person an opportunity to make a written submission, that the person has contravened subregulation (1).
(3) If a direction is revoked under subregulation (2), the coroner or coroner’s registrar may —
(a) order that the person in respect of whom the direction was made pay the difference between the fee the person paid and the fee that would otherwise have been payable by the person; and
(b) make an order to enforce the order for the payment.
(4) An order under subregulation (3)(b) may include orders relating to the future conduct of the matter to which the fees relate or the effect of anything that has been done in respect of the matter until the sum ordered to be paid has been paid.
(1) A coroner or a coroner’s registrar presiding in a proceeding may order the refund of the difference between the amount of a fee paid by a person in respect of the proceeding and the amount of the fee that the person was entitled to be charged under these regulations in respect of the proceedings.
(2) A coroner’s registrar may direct the refund to a person of the amount of a fee, or part of a fee, paid by the person if the amount was paid in error.
The Court or a registrar may waive a fee referred to in Schedule 3 item 1 or 4 if the Court or registrar is satisfied that the waiving of the fee would assist in the efficient operation of the Court.
(1) If a question arises as to the fee payable or applicable in a particular case, the question is to be determined by the State Coroner.
(2) An application for a determination under subregulation (1) is to be in an approved form.
Any unpaid fee is a debt due to the State and may be recovered by action in a court of competent jurisdiction.
[Reg. 4]
(Section 9)
I ................................................... (person’s name) ............................................... do solemnly, sincerely and truly swear that I will well and truly serve the State, according to law, in the office of State Coroner, and I will do right to all manner of people after the laws and usages of this State, without fear or favour, affection or ill will.
So help me God!
[Reg. 4]
(Section 9)
I .................................................. (person’s name) ............................................... do solemnly, sincerely and truly declare and affirm that I will well and truly serve the State, according to law, in the office of State Coroner, and I will do right to all manner of people after the laws and usages of this State, without fear or favour, affection or ill will.
[Reg. 6]
(Section 26(1))
Ref. No.
I, ............................................................................, Coroner, having investigated:
1. The death of .................................................................................................
2. *Without holding an inquest.
*With an inquest held at ..............................................................................
on .................................................................................................... 20........
3. *Find that —
*The identity of the deceased person was .............................................. and that death occurred on / / at ........................................ from (
4. *Decide not to continue to investigate the death having determined under section 19A(1) of the
5. *Make no finding as to how the death occurred having determined under section 25(1A)(b) of the
Comments:
Coroner.
* Delete those not required.
[Reg. 7]
(Section 29(1))
I, ............................................................................................., Coroner, PERMIT
*Burial.
*Cremation.
*Other disposal, namely ......................................................................................... of the body of .........................................................................................................
Dated at .......................... the .......................... day of .............................. 20........
Coroner.
* Delete those not required.
[Reg. 10]
(Section 38(1))
Ref. No.
To:
Postcode:
Information about the deceased person
Name of |
Information about the death
When Where | Time Day Month Year |
Information about the burial of the body
When Where |
Postcode |
Information about the making of this order
The body must be exhumed and taken to ................. and held until I order that it may be buried again. |
Information about the order
Made by When Signature | State Coroner
|
[Reg. 12]
(Section 32(4))
RESTRICTED AREA
NO ENTRY WITHOUT CORONER’S AUTHORITY
PENALTY: $2 000 FINE
[Reg. 13]
(Section 32(2))
Investigation into the death of ................................................................................
Description of area to which access has been restricted by Coroner’s investigator —
.................................................................................................................................
.................................................................................................................................
Reasons for seeking restriction of access —
.................................................................................................................................
.................................................................................................................................
.................................................................................................................................
.................................................................................................................................
.................................................................................................................................
Is access being restricted at the present time: Yes p No p
If Yes, specify the time and date when the restriction first imposed .....................
Period for which restriction is sought ....................................................................
Restriction agreed with p
Restriction not agreed with p
....................................
Signature of Coroner
Date: / / .
[Reg. 14(1)]
(Section 33(3))
I, ..........................................................................., Coroner, reasonably believing it necessary for investigating —
the death of .............................................................................................................
AUTHORISE ....................................................................................., a coroner’s investigator —
* to enter (
* to inspect (
* to take a copy of (
* to take possession of (
Dated at .................... the ......................... day of ..................................... 20........
Coroner.
* Delete those not applicable.
[Reg. 14(3)]
(Section 33(5))
I, ...................................., Coroner, having taken possession of the certain things, or classes of things, pursuant to section 33 of the
Authorise the release of: .................... (
To ............. (
Of ............. (
On condition that ............. (
I, ............. (
Signature of person entering undertaking.
I am satisfied that, before releasing the thing/s specified in this undertaking, ............. (
Undertaking entered on / / at in the State of Western Australia before me
Coroner.
[Reg. 16(1)]
(Section 46(1))
To:
Postcode:
An inquest is to be held into—
The death of Which happened on |
|
What you must do
You must go to the inquest and p Give evidence p Bring the following documents and materials |
Information about the inquest
Where you must go To be held at When | The Coroner’s Court of Western Australia Time Day Month Year |
Information about this summons
Issued at By Signature | Date / / State Coroner Coroner Coroner’s Registrar |
If further information is required, telephone: ..................
[Reg. 16(3)]
(Section 46(4))
In the Coroner’s Court of Western Australia
at .............................................................................................................................
INQUEST INTO THE DEATH OF: .....................................................................
To all members of the Police Force of the State of Western Australia.
The witness who has failed to appear is .................................................................
of ............................................................................................................................
THE WITNESS has neglected to appear at the time and place appointed in and by a Summons to attend as witness or to produce documents or other materials and it is proved to me, the undersigned Coroner, upon oath, that the said Summons was served on the witness.
I AUTHORISE you to enter and search at any time with all force as may be necessary any dwelling‑house, building, premises, ship, aircraft or any place where the witness is suspected to be present AND I ORDER that you apprehend the witness and bring the witness before the said Coroner’s Court to answer the said Summons and to be further dealt with according to law.
Dated at .......................... the ................... day of ................................ 20.............
Coroner.
[Reg. 18(1)]
(Section 45(1))
This inquest is being held into—
The death of Which happened on |
|
Information about this order
Who does it apply to? How long does it apply? | The Coroner has ordered that the following people: must not enter the room where the inquest is being held. This order applies— p From Time Day Month Year p To Time Day Month Year p 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 this order
Made by Where When Signature |
Time Day Month Year |
[Reg. 20]
Do you solemnly, sincerely and truly swear that the evidence that you give at this inquest touching the death (or suspected death) of ......................................... shall be the truth, the whole truth, and nothing but the truth?
So help you God!
[Reg. 20]
Do you solemnly, sincerely and truly declare and affirm that the evidence that you give at this inquest touching the death (or suspected death) of ...................... shall be the truth, the whole truth and nothing but the truth?
[r. 21]
1. | Post mortem by a pathologist ...................................... | $390 |
2. | Post mortem by a doctor who is not a pathologist ........ | $265 |
3. | Attendance by doctor, between the hours of 8.30 am and 6 pm, to state whether life is extinct ...................... | $56 |
4. | Attendance by doctor, outside the hours referred to in item 3, to state whether life is extinct .......................... | $72 |
[r. 22]
1. | Copy of document or exhibit — for each page or part of a page | 2.75 | 0.85 |
2. | Copy of record of investigation into a death — | ||
(a) for 1 copy on the request of a person who is an interested person under regulation 17(a) or (b) | No fee | No fee | |
(b) for each additional copy on the request of a person who is an interested person under regulation 17(a) or (b) — for each page or part of a page | 2.20 | 0.65 | |
(c) for each copy on the request of any other person — for each page or part of a page | 2.20 | 0.65 | |
3. | Certifying under seal that a document is a true copy | 30.30 | 9.10 |
4. | (a) For providing a transcript, part of a transcript or notes of evidence — | ||
(i) provided within 1 day after the day on which the fee is paid | 30.50 plus 12.60 per page | 9.15 plus 3.80 per page | |
(ii) provided within 2 days after the day on which the fee is paid | 30.50 plus 11.55 per page | 9.15 plus 3.45 per page | |
(iii) provided within 4 days after the day on which the fee is paid | 30.50 plus 10.90 per page | 9.15 plus 3.25 per page | |
(iv) provided within 7 days after the day on which the fee is paid | 30.50 plus 10.55 per page | 9.15 plus 3.15 per page | |
(v) provided within 14 days after the day on which the fee is paid | 30.50 plus 8.90 per page | 9.15 plus 2.65 per page | |
(vi) provided on a running basis (i.e. periodically throughout or following the day of the proceedings) | 30.50 plus 13.35 per page | 9.15 plus 4.00 per page | |
(b) For providing a copy of a transcript, or part of a transcript, or notes of evidence, if the transcript, part or notes has or have been provided to the person requesting the copy — | |||
(i) electronic format | 31.90 per copy | 9.55 per copy | |
(ii) paper copy | 3.20 per page | 0.95 per page |
This is a compilation of the
18 Mar 1997 p. 1551‑74 | 7 Apr 1997 (see r. 2 and | |
30 Jun 2003 p. 2581‑638 | 1 Jul 2003 (see r. 2 and | |
19 Apr 2005 p. 1294‑302 | 19 Apr 2005 | |
11 Mar 2008 p. 816 | r. 1 and 2: 11 Mar 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 12 Mar 2008 (see r. 2(b)) | |
4 Sep 2009 p. 3491‑3 | r. 1 and 2: 4 Sep 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 5 Sep 2009 (see r. 2(b)) | |
8 Mar 2011 p. 799‑800 | r. 1 and 2: 8 Mar 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 9 Mar 2011 (see r. 2(b)) | |
20 Dec 2011 p. 5392‑3 | r. 1 and 2: 20 Dec 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Dec 2011 (see r. 2(b)) | |
30 Nov 2012 p. 5801 | r. 1 and 2: 30 Nov 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Dec 2012 (see r. 2(b)) | |
12 Feb 2013 p. 921-2 | r. 1 and 2: 12 Feb 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 13 Feb 2013 (see r. 2(b)) | |
15 Nov 2013 p. 5252‑3 | r. 1 and 2: 15 Nov 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 16 Nov 2013 (see r. 2(b)(ii)) | |
27 Jun 2014 p. 2337 | r. 1 and 2: 27 Jun 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2014 (see r. 2(b)(i)) | |
19 Jun 2015 p. 2118‑19 | r. 1 and 2: 19 Jun 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b)(i)) | |
14 Jun 2016 p. 1849‑986 | 4 Jul 2016 (see r. 2(b)) | |
7 Jul 2017 p. 3721‑98 | 8 Jul 2017 (see r. 2(b)(ii)) | |
15 Jun 2018 p. 1963‑2049 | 1 Jul 2018 (see r. 2(b)) | |
20 Jul 2018 p. 2621‑30 | 21 Jul 2018 (see r. 2(b)) | |
7 Dec 2018 p. 4667‑74 | 18 Dec 2018 (see r. 2(b)(i)) | |
1 Feb 2019 p. 225‑6 | r. 1 and 2: 1 Feb 2019 (see r. 2(a)); Regulations other than r. 1 and 2: 2 Feb 2019 (see r. 2(b)) | |
12 Mar 2019 p. 666‑9 | 13 Mar 2019 (see r. 2(b)) | |
28 Jun 2019 p. 2553‑642 | 1 Jul 2019 (see r. 2(b)) | |
SL 2020/124 31 Jul 2020 | 1 Aug 2020 (see r. 2(b)) | |
SL 2021/101 29 Jun 2021 | 1 Jul 2021 (see r. 2(b)) | |
SL 2021/150 27 Aug 2021 | r. 1 and 2: 27 Aug 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 28 Aug 2021 (see r. 2(b)) | |
SL 2022/111 30 Jun 2022 | 1 Jul 2022 (see r. 2(b)) | |
SL 2023/120 2 Aug 2023 | 3 Aug 2023 (see r. 2(b)) | |
SL 2024/113 26 Jun 2024 | 1 Jul 2024 (see. r 2(b)) | |
SL 2025/111 25 Jun 2025 | 1 Jul 2025 (see r. 2(b)) | |
approved form............................................................................................................... 3A
authorised user............................................................................................................... 3A
Centrelink................................................................................................................ 23B(1)
ECMS.............................................................................................................................. 3A
eligible individual......................................................................................................... 3A
eligible individual fee................................................................................................... 3A
fee.................................................................................................................................... 3A
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