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These Regulations may be cited as the Coroners Regulations 1994.
These Regulations shall come into operation on the commencement of the Coroners Act 1993.
In these Regulations, a reference to a form by number is a reference to the form so numbered in Schedule 2.
A person may report a death to a coroner or a member of the
Police Force by telephone or by facsimile.
Where a person reports a death, he or she shall, not later than
24 hours after reporting the death, furnish information to the person he or she reported the death to in accordance with Form 1.
For the purposes of section 13 of the Act:
a person who reports a death shall give to the coroner investigating the death any information that may help the investigation; and
a member of the Police Force who has information relevant to an investigation into a death shall report it to the coroner investigating the death,
not later that 28 days after the death was reported.
(1) In considering which medical practitioner to direct to perform an autopsy, a coroner shall have regard to the following matters:
(a) an autopsy should be performed as soon as practicable after a death;
(b) a medical practitioner who performs an autopsy must conduct the autopsy on premises that are adequately equipped for the purposes of conducting an autopsy;
(c) a medical practitioner who performs an autopsy must have access to a laboratory with facilities for conducting pathological tests.
(2) The medical practitioner who is directed to perform the autopsy shall:
wherever possible, be a qualified forensic pathologist; or
(b) where a person referred to in paragraph (a) is not available, be a qualified pathologist who is, in the opinion of the coroner, suitably experienced to perform an autopsy.
(1) A medical practitioner who is directed to perform an autopsy by a coroner shall perform the autopsy as soon as practicable after being so directed.
(2) A medical practitioner who performs an autopsy shall, as far as is practicable, make arrangements for the preservation, for such period as the coroner considers necessary, of material he or she deals with in the course of the conduct of the autopsy which is, in his or her opinion, relevant to the cause of the death of the deceased person.
(3) On completion of an autopsy, the medical practitioner who conducted the autopsy shall, as soon as practicable, notify the coroner in writing:
of his or her preliminary findings as to the cause of the death;
that the cause of the death is undetermined; or
that the cause of the death is still under investigation,
whichever is the case.
(4) The medical practitioner who performs an autopsy shall, not later than 28 days after completing the autopsy, provide the coroner with a written report of his or her findings in respect of the autopsy but he or she shall not, unless authorised by the coroner, provide a copy of the report to any other person.
Where a coroner directs that an autopsy shall be performed on a body, he or she may, on being requested to do so, permit a person who demonstrates to the coroner a sufficient interest in the conduct of an autopsy to attend the autopsy.
Where a person referred to in subregulation (1) attends an autopsy, that person shall behave in such a manner so as not to interfere in any way in the performance of the autopsy.
Where a coroner holds an inquest into the death of a person held in custody, the inquest shall not be commenced in the absence of the senior next of kin of the deceased person, or other representative of the family of the deceased person nominated by the senior next of kin, unless the coroner is satisfied that the senior next of kin or the nominated representative does not wish to attend the inquest, that wish being advised to the coroner by the senior next of kin or the nominated representative, as the case may be, or by his or her legal practitioner, appearing before the coroner.
A member of the Police Force who has information relevant to an investigation into a disaster shall report it to the coroner investigating the disaster not later than 28 days after the disaster occurred.
Where a disaster occurs that is a fire, a police officer who has information relevant to an investigation into the fire shall make a report about the fire to a coroner in accordance with Form 2.
The person appointed to assist the coroner for the purposes of section 41(2) of the Act shall:
be a legal practitioner; and
if practicable, be experienced in coronial matters.
Where a coroner makes an order pursuant to section 42 of the Act that all or any persons shall go and remain outside and beyond the hearing of an inquest, the coroner shall, if requested to do so by a person who is affected by the order, give to the person as soon as practicable after receiving the request his or her written reasons for making the order.