Coroners Act 2003

The coroner investigating a death must hold an inquest if—

the coroner considers the death is—

a death in custody; or

a death in care, in circumstances that raise issues about the deceased person’s care; or

a death mentioned in section 8(3)(h) that is not also a death in custody, unless the coroner is satisfied the circumstances of the death do not require the holding of an inquest; or

a mining related reportable death; or

the Attorney-General directs the State Coroner to arrange for an inquest to be held into the death; or

the State Coroner, on the State Coroner’s own initiative or on an application under section 30, orders an inquest be held into the death; or

the District Court, on an application under section 30, orders an inquest be held into the death.

For subsection (1)(a)(i), a death in custody—

includes a death that is also another type of reportable death under section 8; butExample—A death in custody may also be a death in care under section 8(3)(f) or a death in the course of police operations under section 8(3)(h).

does not include the death of a person if, when the person died, the person was detained under the Public Health Act 2005.

Subsection (1)(b) to (d) applies despite any decision of the coroner investigating the death not to hold an inquest.