Section 25 — Definitions — Coroners Act 2009 (New South Wales) — Barrister AI

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Section 25 — Definitions — Coroners Act 2009 (New South Wales) — Barrister AI

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s 1Name of Act s 2Commencement s 3Objects of Act s 4Definitions s 5Meaning of “relative”s 6Meaning of “reportable death”s 6AMeaning of “senior next of kin”s 7State Coroner and Deputy State Coroners s 8Acting State Coroner s 9Delegation by State Coroner s 10Functions of State Coroner and Deputy State Coroners s 11Information to be given to State Coroner s 12Coroners s 13Assistant coroners s 14Appointed coroners have full coronial jurisdiction and functions s 15Functions of assistant coroners s 16Judges have coronial functions by virtue of office s 17Coronial jurisdiction generally s 18Jurisdiction concerning death requires connection with the State s 19No jurisdiction concerning death or suspected death unless occurring within last 100 years s 20Jurisdiction does not depend on making of report s 21Inquests concerning deaths or suspected deaths s 22Division confers exclusive jurisdiction s 23Jurisdiction concerning deaths in custody or as a result of police operations s 24Jurisdiction concerning deaths of children and disabled persons s 24AMeaning of “person in the relevant group”s 25Coroner may dispense with inquest unless inquest required s 26Reasons to be given for dispensing with inquest s 27General circumstances in which inquest required to be held s 28Minister or State Coroner may direct that inquest be held s 29Direction to hold inquest where coroner has dispensed with inquest s 30Inquiries concerning fires and explosions s 31Coroner may dispense with inquiry unless inquiry required s 32When inquiry is required to be held s 33Coroners who are unavailable to exercise jurisdiction s 34Notice of particulars of death to be given to Registrar of Births, Deaths and Marriages s 35Obligation to report death or suspected death s 36State Coroner to inform Ombudsman and others about certain child and disability deaths s 37State Coroner to report on deaths in custody s 38Medical practitioner must not certify cause of death if death is reportable s 39Definitions s 40Order establishing coronial investigation scene s 41Establishment of coronial investigation scene s 42Exercise of powers at coronial investigation scene s 43Coronial investigation scene powers s 44Obstruction or hindrance of person executing coronial investigation scene order s 45Chapter does not limit other powers s 46Meaning of “coronial proceedings”s 47Hearings in coronial proceedings generally to be open to public s 48Coronial proceedings may be conducted with jury only if State Coroner directs s 49Case management directions by coroner s 50State Coroner may assume and give directions concerning exercise of jurisdiction s 51Directions concerning investigations s 52Practice notes and approval of forms s 53Power to obtain documents and things for purposes of coronial investigation s 54Time and place of inquest or inquiry s 55Coroner may view deceased person’s remains or scene of fire or explosion s 56Coroner’s right to possession of deceased person’s remains s 57Representation in coronial proceedings s 58Rules of procedure and evidence s 59Witnesses may be required to give evidence on oath or affirmation s 60Persons granted leave may apply for witness to be examined s 61Privilege in respect of self-incrimination s 62Refusal of witness to be examined s 63Documentary evidence s 64Fresh inquest or inquiry—admission of previous depositions s 65Records of evidence s 66Subpoena for appearance or warrant for arrest of witness s 67Form of subpoena s 68Manner of service of subpoena s 69Arrest warrants for non-appearance in response to subpoena s 70Form of warrant s 71Arrest of witness under arrest warrant s 72Certain defects immaterial s 73Meaning of “published”s 74Powers of coroner to clear court and prevent publication of evidence or submissions s 75Powers of coroner in relation to reports or proceedings concerning self-inflicted deaths s 76Publication of certain questions, warnings, objections, submissions and comments s 77Certain matters not prohibited or prevented s 78Procedure at inquest or inquiry involving indictable offence s 79Procedure following suspension of inquest or inquiry s 80Procedure at inquest if finding that person did not die s 81Findings of coroner or jury verdict to be recorded s 82Coroner or jury may make recommendations s 83When fresh inquests and inquiries may be conducted s 84Orders for inquests or inquiries s 85Orders for fresh inquests or inquiries s 86Notification of application s 86AIntervention by Minister in application s 87State Coroner to be served with orders s 88Dignity of deceased person to be respected s 88APreliminary examination of remains of deceased person s 89Coroner may give certain post mortem investigation directions s 90Retention and use of human tissue pursuant to direction s 91Warrant for exhumation of deceased’s remains s 92Coronial Medical Officers s 93Remuneration of medical practitioners and other persons s 94Protection for persons acting under coroner’s direction s 95Meaning of “relevant post mortem investigative function”s 96Objections by senior next of kin to exercise of relevant post mortem investigative functions s 97Applications to Supreme Court by senior next of kin s 98Senior next of kin may authorise another person to exercise functions s 99Objection to exercise of relevant post mortem investigative functions by other persons s 100Unauthorised disposal of human remains s 101Order authorising disposal of human remains s 101AObject of Chapter s 101BInterpretation s 101C(Repealed)s 101DEstablishment of Team s 101EMembers of Team s 101FFunctions of Team s 101GMatters to be considered in reviews s 101HReferral of cases for review to Team s 101IAppointment of expert advisers s 101JReports s 101KReporting to Parliament s 101LDuty of persons to assist Team s 101MConfidentiality of information s 101NExecution of documents s 101OProtection from liability s 101PReview of Chapter s 102Assistance to and from coroners in other jurisdictions s 102ASharing of information with coronial database s 103Contempt s 103ADisrespectful behaviour in coronial proceedings s 104Regulations s 105Service or giving of documents s 106Nature of proceedings for offences s 107Offences by corporations s 108(Repealed)s 109Review of Act s 1Public Service employment provisions excluded s 2Vacation of office as State Coroner or Deputy State Coroner(cf Coroners Act 1980, s 4B)s 3Remuneration(cf Coroners Act 1980, s 4C)s 4Part-time arrangements(cf Coroners Act 1980, s 5(3))s 5Vacation of office as an appointed coroner or assistant coroner(cf Coroners Act 1980, ss 5A(3) and 6A(1)–(3))s 6Oaths or affirmations to be taken or made by coroners and assistant coroners(cf Coroners Act 1980, s 7)s 7Remuneration s 8Definitions s 9Effect of appointment and service as coroner(cf Coroners Act 1980, s 4A(6) and (8))s 10Continuation of proceedings after vacation of office s 1Regulations s 2Definitions s 3Current State Coroner and Deputy State Coroners s 4Senior Deputy State Coroner s 5Current appointed coroners and assistant coroners s 6Current Coronial Medical Officers s 7Existing commissions and other instruments that appoint persons to office on or after repeal day s 8Oaths of office required for certain coronial officers appointed before repeal day s 9Reporting of deaths occurring before repeal day s 10Death certificates in relation to deaths occurring before repeal day s 11Provision of information to Ombudsman s 12Annual reports on deaths in custody s 13Jurisdiction in relation to matters occurring before repeal day s 14Pending or part completed inquests or inquiries s 15Re-opening inquests and inquiries and use of depositions taken in former proceedings s 16Orders of Supreme Court under section 47 of former Act s 17Existing warrants and subpoenas s 18Continuation of Coroners Regulation 2005 s 19References to former Act and this Act s 20General savings provision s 21Definition s 22Direction not to resume suspended inquest or inquiry s 23Interventions by Minister s 24Objections by senior next of kin s 25Definitions s 26Application of amendment to section 6 s 27Application of section 88A s 28Bail decisions continue in force s 29Definitions s 30Continuation of offices of State Coroner and Deputy State Coroner s 1Definitions s 2Terms of office of members s 3Remuneration s 4Deputies s 5Vacancy in office of member s 6Filling of vacancy in office of member s 7Effect of certain other Acts s 8General procedure s 9Quorum s 10Presiding member s 11Voting s 12Transaction of business outside meetings or by telephone

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25

Definitions

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25 Definitions

In this Part—

amending Act means the Justice Legislation Amendment Act 2019.

repeal day means the day on which section 6(1)(d) is repealed by the amending Act.

This Act’s bill:Explanatory memorandum Second reading speech

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