Coroners Act 1993

This Act may be cited as the Coroners Act 1993.

This Act shall come into operation on a date to be fixed by the

Administrator by notice in the Gazette.

In this Act:

Attorney-General means the Minister responsible for the Agency administering this Act.

Chief Executive Officer, see section 3(1) of the Public Sector Employment and Management Act 1993.

coroner includes a deputy coroner.

death includes suspected death.

disaster means an occurrence due to natural or other causes that:

(b) in any way substantially endangers the safety of the public in any part of the Territory.

disposal, in relation to a body, includes burial, cremation and any other process for the disposal of human remains under the Burial and Cremation Act 2022.

investigation includes an inquest.

married includes being in a de facto relationship.

person held in care, see section 12(1).

person held in custody, see section 12(1).

reportable death means a death mentioned in section 12(1).

senior next of kin, in relation to a deceased person, means:

(a) where a person was, immediately before death, married – the person's spouse; or

(b) where the person was not, immediately before death, married or, if married, the spouse is not available – the person's son or daughter of or over 18 years; or

(c) where a spouse, son or daughter is not available – the person's parent; or

(d) where a spouse, son, daughter or parent is not available – the person's brother or sister of or over 18 years; or

(e) where a person is an Aborigine – a person who, according to the customs and tradition of the community or group to which the person belongs, is an appropriate person; or

(f) where paragraphs (a) to (e) do not apply or a person who would be the senior next of kin under those paragraphs is not available – a person who immediately before the death of the deceased person had a relationship with the deceased person that, in the opinion of the coroner, is sufficient for the purpose of being the senior next of kin.

spouse includes a person's de facto partner.

(2) The Administrator may appoint a Local Court Judge to be the Territory Coroner.

(a) ensure that the coronial system in the Territory is administered and operates efficiently; and

(c) ensure that all reportable deaths reported to a coroner are investigated; and

(d) ensure that an inquest into a death is held where there is a duty to do so under this Act or where it is desirable that an inquest be held.

(2) The Territory Coroner has the power to do all things necessary and convenient to be done for or incidental to the performance of his or her functions.

(1) The Administrator may, in writing, appoint a Local Court Judge to act in the office of the Territory Coroner:

(b) during any period, or all periods, when the person holding the office is absent from duty or unable to perform the duties of the office.

(a) the expiry of the period (not exceeding 12 months) specified in the appointment; or

(3) An acting Territory Coroner has all the functions and powers of the Territory Coroner.

(3) A deputy coroner must take an oath of office in accordance with Schedule 1 before proceeding to exercise the powers or discharge the duties of office.

(4) A deputy coroner may resign by notice in writing given to the Attorney-General.

(1) A coroner has jurisdiction to investigate a death or disaster, or to hold an inquest into a death or disaster, in accordance with this Act.

(3) Subject to subsection (4) and a limitation or condition mentioned in section 5(2), a deputy coroner has the same jurisdiction, powers and duties as a coroner.

(ii) caused or contributed to by injuries sustained while the person was held in custody; or

A person exercising the jurisdiction of a coroner has the same protection and immunity as a Local Court Judge has in the performance of his or her duties as a Local Court Judge.

A coroner may, by instrument in writing, delegate to a coroner's clerk any of his or her powers and functions under this Act other than the power to conduct an inquest and this power of delegation.

(1) The function of the coroner's clerk is to assist a coroner to exercise his or her jurisdiction.

(a) on behalf of a coroner, receive information about a death or disaster; and

(c) issue a summons requiring a witness to attend an inquest to give oral evidence or to produce documents.