Coroners Act 2009

This Act is the Coroners Act 2009.

This Act commences on a day or days to be appointed by proclamation, except as provided by subsections (2) and (3).

Schedule 3.4[1] commences—

if Schedule 1.3[4] to the Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009 commences on or before the date of assent to this Act—on the date of assent to this Act, or

if Schedule 1.3[4] to the Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009 commences after the date of assent to this Act—on the day on which Schedule 1.3[4] to that Act commences.

Schedule 3.4[2]–[4] commence—

if the Local Courts Act 1982 is repealed on or before the date of assent to this Act—on the date of assent to this Act, or

if the Local Courts Act 1982 is repealed after the date of assent to this Act—on the day on which the Local Courts Act 1982 is repealed.

The objects of this Act are as follows—

to provide for the appointment of coronial officers,

to provide that Judges of the Local Court are coroners by virtue of office,

to enable coroners to investigate certain kinds of deaths or suspected deaths in order to determine the identities of the deceased persons, the times and dates of their deaths and the manner and cause of their deaths,

to enable coroners to investigate fires and explosions that destroy or damage property within the State in order to determine the causes and origins of (and in some cases, the general circumstances concerning) such fires and explosions,

to enable coroners to make recommendations in relation to matters in connection with an inquest or inquiry (including recommendations concerning public health and safety and the investigation or review of matters by persons or bodies),

to provide for certain kinds of deaths or suspected deaths to be reported and to prevent death certificates being issued in relation to certain reportable deaths,

to prohibit the disposal of human remains without appropriate authority.

(cf Coroners Act 1980, s 4)

In this Act—

adult means an individual who is aged 18 years old or older.

Australian law has the same meaning as it has in the Evidence Act 1995.

Chief Judge has the same meaning as in the Local Court Act 2007.

civil penalty has the same meaning as it has in the Evidence Act 1995.

Coronial Medical Officer means a medical practitioner appointed under section 92.

coronial proceedings—see section 46.

Deputy Chief Judge has the same meaning as in the Local Court Act 2007.

Domestic Violence Death Review Team means the Domestic Violence Death Review Team constituted under Chapter 9A.

exercise a function includes perform a duty.

function includes a power, authority or duty.

inquest means an inquest concerning the death or suspected death of a person.

inquiry means an inquiry concerning a fire or explosion.

Judge has the same meaning as in the Local Court Act 2007.

place includes any land, building, mine, ship, vehicle or aircraft or any other vessel or vehicle.

post mortem investigation direction—see section 89.

post mortem investigation report—see section 89(7).

practice note means a practice note issued under section 52.

relative, in relation to a person who has or is suspected to have died—see section 5.

remains of a deceased person means the body or the remains of the body (or any part of the body or remains of the body) of the person.

reportable death—see section 6.

senior coroner—see section 22(1).

senior next of kin—see section 6A.

spouse means—

the person to whom a person is legally married (including the husband or wife of a person), or

a de facto partner,

but where more than one person would so qualify as a spouse, means only the last person so to qualify.

Note.

“De facto partner” is defined in section 21C of the Interpretation Act 1987.

stillbirth and stillborn child have the same meanings as in the Births, Deaths and Marriages Registration Act 1995.

the State means the State of New South Wales.

tissue includes an organ, or part, of a human body and a substance extracted from, or from a part of, a human body (including bodily fluid).

whole organ of a deceased person means the whole or a substantial part of a visibly recognisable structural unit of the person’s body.

Note.

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

Notes included in this Act do not form part of this Act.

Note.

For the purposes of comparison, a number of provisions of this Act contain bracketed notes in headings drawing attention (“cf”) to equivalent or comparable (though not necessarily identical) provisions of the Coroners Act 1980 as in force immediately before its repeal by this Act.

(cf Coroners Act 1980, s 4(1) and (5))

For the purposes of this Act, a relative, in relation to a person who has or is suspected to have died, is an adult who is—

the spouse of that person, a parent of that person, a person who stands in loco parentis to that person, a guardian of that person or a child of that person, or

if there is no relative, as defined in paragraph (a), of that person—a brother or sister of that person.

A reference in subsection (1)(a) to the child of a person includes, if the person was in a de facto relationship, or a domestic relationship within the meaning of the Property (Relationships) Act 1984, a reference to the following—

a child born as a result of sexual relations between the parties to the relationship,

a child adopted by both parties,

in the case of a de facto relationship between a man and a woman, a child of the woman of whom the man is the father or of whom the man is presumed, by virtue of the Status of Children Act 1996, to be the father (except where the presumption is rebutted),

in the case of a de facto relationship between 2 women, a child of whom both of those women are presumed to be parents by virtue of the Status of Children Act 1996,

a child for whose long-term welfare both parties have parental responsibility (within the meaning of the Children and Young Persons (Care and Protection) Act 1998).

Note.

“De facto relationship” is defined in section 21C of the Interpretation Act 1987.

A reference in subsection (1)(a) to a parent includes a reference to a party to a relationship referred to in subsection (2) of which the deceased, or suspected deceased, was by virtue of subsection (2) a child.

(cf Coroners Act 1980, ss 12B(1)(a)–(g) and 13(1)(a)–(c), (e)–(h) and (2))

For the purposes of this Act, a person’s death is a reportable death if the death occurs in any of the following circumstances—

the person died a violent or unnatural death,

the person died a sudden death the cause of which is unknown,

the person died under suspicious or unusual circumstances,

(Repealed)

the person died in circumstances where the person’s death was not the reasonably expected outcome of a health-related procedure carried out in relation to the person,

the person died while in or temporarily absent from a declared mental health facility within the meaning of the Mental Health Act 2007 and while the person was a patient at the facility for the purpose of receiving care, treatment or assistance under the Mental Health Act 2007 or the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.

(Repealed)

In this section—

health-related procedure means a medical, surgical, dental or other health-related procedure (including the administration of an anaesthetic, sedative or other drug), but does not include any procedure of a kind prescribed by the regulations as being an excluded procedure.

For the purposes of this Act, the senior next of kin of a deceased person is—

the deceased person’s spouse, or

if the deceased person did not have a spouse or a spouse is not available—any of the deceased person’s children who are adults, or

if the deceased person did not have a spouse or child or a spouse or child is not available—either of the deceased person’s parents, or

if the deceased person did not have a spouse, child or living parent or a spouse, child or parent is not available—any of the deceased person’s brothers or sisters who are adults, or

if the deceased person did not have a spouse, child, living parent, brother or sister or a spouse, child, parent, brother or sister is not available—

any person who is named as an executor in the deceased person’s will, or

any person who was the deceased person’s legal personal representative immediately before the deceased person’s death.

A coroner may treat a person who was a deceased person’s legal personal representative immediately before the deceased person’s death as the deceased person’s senior next of kin for the purposes of this Act if the coroner is satisfied that the person who is available to act as senior next of kin is unable to do so.

(cf Coroners Act 1980, s 4A(1)–(3), (5) and (7))

The Governor may appoint any qualified person to be the State Coroner or a Deputy State Coroner.

A person is qualified to be appointed as the State Coroner or a Deputy State Coroner only if the person is a Judge.

An appointment is to be made by the commission of the person’s appointment as a Judge or by a subsequent commission under the public seal of the State.

More than one person may hold the office of Deputy State Coroner at any one time.

The State Coroner or a Deputy State Coroner holds office for such period (not exceeding 5 years) as may be specified in the commission that appointed the State Coroner or Deputy State Coroner to the office, but is eligible (if otherwise qualified) for re-appointment.

The State Coroner has, while holding office as such, the same status as a Deputy Chief Judge.

The State Coroner and a Deputy State Coroner are coroners for the purposes of this Act.

Parts 1 and 3 of Schedule 1 contain general provisions dealing with the vacation of the office of State Coroner or a Deputy State Coroner, remuneration and the effect of an appointment to such offices on other offices held by the person appointed.

(cf Coroners Act 1980, s 4F(1A) and (2))

The Minister may appoint a Deputy State Coroner to be Acting State Coroner during the absence from duty of the State Coroner.

The Minister may make any appointment for a particular absence or for any absence that occurs from time to time.

An Acting State Coroner has the functions of the State Coroner and, for the purposes of this or any other Act or law, is taken to be the State Coroner.

In this section, absence from duty includes a vacancy in the office of State Coroner.

(cf Coroners Act 1980, s 4E)

The State Coroner may delegate to a Deputy State Coroner or to another coroner the exercise of any of the State Coroner’s functions under this Act, except as provided by subsection (2).

Note.

Section 49 of the Interpretation Act 1987 contains general provisions relating to the delegation of functions.

The State Coroner may not—

delegate the power of delegation conferred by subsection (1), or

delegate to a coroner who is not a Deputy State Coroner the exercise of any jurisdiction conferred or imposed on the State Coroner by Division 2 of Part 3.2.

(cf Coroners Act 1980, ss 4D and 4F(1))

The functions of the State Coroner are—

to oversee and co-ordinate coronial services in the State, and

to ensure that all deaths, suspected deaths, fires and explosions concerning which a coroner has jurisdiction to hold an inquest or inquiry are properly investigated, and

to ensure that an inquest or inquiry is held whenever it is required by this Act to be held or it is, in the State Coroner’s opinion, desirable that it be held, and

to issue guidelines to coroners to assist them in the exercise or performance of their functions, and

to exercise such other functions as are conferred or imposed on the State Coroner by or under this or any other Act.

The State Coroner is, in the exercise of a function under this section, subject to the control and direction of the Chief Judge.

The functions of a Deputy State Coroner are—

to exercise any functions delegated to the Deputy State Coroner by the State Coroner, and

to exercise such other functions as are conferred or imposed on a Deputy State Coroner by or under this or any other Act.

The State Coroner and each Deputy State Coroner is to support and assist the Domestic Violence Death Review Team in the exercise of its functions under Chapter 9A.

Note.

The State Coroner or a Deputy State Coroner may be appointed as Convenor of the Team under section 101E.

(cf Coroners Act 1980, s 4G(1))

The State Coroner may issue general directions to coroners requiring them to give to the State Coroner information they receive concerning deaths, suspected deaths, fires or explosions.