Coroners who are unavailable to exercise jurisdiction
33 Coroners who are unavailable to exercise jurisdiction
If a coroner is unavailable to hold an inquest or inquiry concerning a death, suspected death, fire or explosion of which the coroner has been informed, the coroner may, with the consent of another coroner (and subject to any direction given by the State Coroner under this section), refer the matter to the other coroner to be dealt with.
If the State Coroner is satisfied that a coroner is unavailable to hold an inquest or inquiry concerning a death, suspected death, fire or explosion of which the coroner has been informed, the State Coroner may direct that another coroner hold the inquest or inquiry.
The State Coroner is not to give such a direction to a coroner who is a Judge without the Chief Judge’s consent.
For the purposes of this section, a coroner is unavailable to hold an inquest or inquiry concerning a matter if he or she is unable to act as a coroner in relation to the matter because of any of the following reasons—
illness,
absence from the place where the coroner ordinarily acts as coroner,
the coroner is unable or unwilling to deal with the matter for any other non-jurisdictional reason.
This section does not apply in relation to a coroner who, under this Act, dispenses with the holding of an inquest or inquiry.
This Act’s bill:Explanatory memorandumSecond reading speech
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