Coroners Act 2009

Inquiries limited to investigating causes and origins A coroner is required to hold an inquiry concerning the cause and origin of a fire or explosion that has destroyed or damaged property within the State if—

the coroner has been requested to hold the inquiry by an authorised public official, or

the State Coroner gives a direction under this section that the coroner hold the inquiry.

The State Coroner may direct that a coroner hold an inquiry concerning the cause and origin of a fire or explosion that has destroyed or damaged property within the State if—

in the case where a coroner has dispensed with the holding of an inquiry—the State Coroner, after considering the coroner’s reasons for dispensing with the inquiry and any other matters that the State Coroner considers relevant, is of the opinion that an inquiry should nonetheless be held, or

in any other case—the State Coroner is of the opinion that the inquiry should be held.

General inquiries A coroner is required to hold a general inquiry concerning a fire or explosion that has destroyed or damaged property within the State if the State Coroner gives a direction under this section for such a general inquiry to be held.

The State Coroner must direct that a coroner hold a general inquiry concerning a fire or explosion that has destroyed or damaged property within the State if—

an authorised public official has made a request to the State Coroner for a general inquiry to be held, or

the State Coroner is of the opinion that a general inquiry should be held.

General provisions relating to directions An inquiry is to be held in accordance with the direction.

The State Coroner is not to give such a direction to a coroner who is a Judge (other than a coroner who dispensed with the holding of the inquiry) without the Chief Judge’s consent.

The State Coroner may hold the inquiry instead of directing another coroner to hold the inquiry.

Definition In this section—

if the fire or explosion occurred in a fire district within the meaning of the Fire and Rescue NSW Act 1989—the Commissioner of New South Wales Fire Brigades,

if the fire is a bush fire within the meaning of the Rural Fires Act 1997—the Commissioner of the NSW Rural Fire Service,

the Minister.