Coroners Act 2003

A person dissatisfied with a finding at an inquest may apply to the State Coroner or District Court to set aside the finding.

The person may apply to the District Court even if, on an application based on the same or substantially the same grounds or evidence, the State Coroner has refused to set aside the finding.

However, the person may not apply to the State Coroner if, on an application based on the same or substantially the same grounds or evidence, the District Court has refused to set aside the finding.

The State Coroner may set aside a finding if satisfied—

new evidence casts doubt on the finding; or

the finding was not correctly recorded.

The District Court may set aside a finding if satisfied—

new evidence casts doubt on the finding; or

the finding was not correctly recorded; or

there was no evidence to support the finding; or

the finding could not be reasonably supported by the evidence.

If the State Coroner sets aside a finding—

the State Coroner may—

reopen the inquest to re-examine the finding; or

hold a new inquest; or

the State Coroner may direct another coroner to—

reopen the inquest to re-examine the finding; or

hold a new inquest.

If the District Court sets aside a finding, the District Court may order—

the State Coroner to—

reopen the inquest to re-examine the finding; or

hold a new inquest; or

the State Coroner to direct another coroner to—

reopen the inquest to re-examine the finding; or

hold a new inquest.

A coroner who has reopened an inquest, or is holding a new inquest, under this section may accept any of the evidence given, or findings made, at the earlier inquest as being correct.