Coroners Act 2003

This section applies in relation to a pre-commencement mining death if—

immediately before the commencement, the coroner investigating the death has not made all the findings of an investigation into the death; and

before the commencement—

the investigation has not gone to an inquest; and

a pre-inquest conference has not been held into the death; and

the coroner has not stopped investigating the death under section 12(2).

On the commencement, the State Coroner is taken to have reassigned the investigation of the pre-commencement mining death to the Mining and Resources Coroner under section 63.

This Act as in force from the commencement applies to the pre-commencement mining death as if the death were a mining related reportable death.

However, despite new section 27(1)(a)(iv) and subsection (5), the Mining and Resources Coroner must comply with a decision or order of the State Coroner made under section 30, or a subsequent decision or order of the District Court made under section 30, in relation to the pre-commencement mining death, whether the decision or order was or is made before or after the commencement.

Also, despite new section 27(1)(a)(iv), the Mining and Resources Coroner need not hold an inquest into the pre-commencement mining death if the Mining and Resources Coroner is satisfied it is not in the public interest for the inquest to be held.

In deciding whether it is not in the public interest to hold the inquest, the Mining and Resources Coroner must—

consult with and consider the views of a family member of the deceased person; and

consider the length of time since the death happened; and

consider when the investigation is likely to be completed.

In this section—new section 27(1)(a)(iv) means section 27(1)(a)(iv) as in force from the commencement.pre-commencement mining death means the death of a person before the commencement that would have been a mining related reportable death if the person had died after the commencement. pt 7 hdg om 2003 No. 31 s 59 sch 1