Coroners Act 2009

This section provides for the circumstances in which—

a new inquest (a fresh inquest) concerning the death or suspected death of a person may be held even though the death or suspected death was previously the subject of another inquest (a previous inquest), and

a new inquiry (a fresh inquiry) concerning a fire or explosion may be held even though the fire or explosion was previously the subject of another inquiry (a previous inquiry).

A fresh inquest may be held if—

a previous inquest was terminated before its conclusion because it appeared to the coroner that the person did not die, or

a previous inquest was concluded and the coroner’s finding, or the jury’s recorded verdict, was that the person did not die or that it is uncertain whether the person had died.

If the remains of a person are found in the State, a fresh inquest may be held concerning the death of the person even though a previous inquest was held concerning the suspected death of the person.

A fresh inquest or inquiry must be held if—

an application for a fresh inquest or inquiry is made under this section, and

on the basis of the application, the State Coroner is of the opinion that the discovery of new evidence or facts makes it necessary or desirable in the interests of justice to hold a fresh inquest or inquiry.

An application for a fresh inquest or inquiry may only be made by a police officer or by a person who was granted leave to appear or be represented at a previous inquest or inquiry.

If a successful application for a fresh inquest or inquiry is made under this section, the State Coroner can hold the fresh inquest or inquiry or can direct another coroner to hold it.

The findings on the fresh inquest or inquiry may be expressed to be in addition to or in substitution for the findings on any previous inquest or inquiry (even if the previous inquest or inquiry was a fresh inquest or inquiry).

This section does not limit or otherwise affect any other power of a coroner (including the State Coroner) to hold a fresh inquest or inquiry and does not limit or affect the provisions of this Act with respect to the termination or suspension of inquests.