Coroners Act 2003

This section applies if a person wants access to 1 of the following documents, that is in the possession of a coroner, for purposes other than research purposes—

a coronial document;

another type of investigation document.

The person may access the document with the consent of—

the coroner who is conducting, or had conducted, the investigation to which the document relates; or

if that coroner is not available and has not delegated his or her power to a registrar under section 86(4)(c)—another coroner nominated by the State Coroner; or

otherwise—another coroner nominated by the State Coroner.

The coroner may consent only if—

the coroner is satisfied the person has a sufficient interest in the document; orExample—A person with a sufficient interest in an investigation document might include—

an immediate member of the deceased person’s family; or

for a document that is relevant to assessing a potential threat to public health, the health chief executive.

the coroner—

considers the access is in the public interest; and

to the extent practicable, has consulted with and had regard to the views of a family member of the deceased person.

While a coroner is investigating a death to which a coronial document relates, a person may access the document only under this section.

Despite subsection (2), if access to a coronial document is necessary for the investigation or prosecution of an offence relating to a death—

a police officer may access the document without a coroner’s consent; and

the police officer may give someone else access to the document for the investigation or prosecution, without a coroner’s consent.

However, subsection (5) does not apply to a document to the extent that the document contains information that was obtained from a person under a provision of another Act that compelled the person to give the information.Example of a provision of another Act in subsection (6)—the Coal Mining Safety and Health Act 1999, section 159 (Person must answer question about serious accident or high potential incident)

Despite anything in this section—

a document, to the extent that it contains confidential information obtained under section 17, may only be accessed under section 17(4); and

a document, to the extent that it contains confidential information obtained under the Child Protection Act 1999, section 159P, may only be accessed under section 159P(3) of that Act; and

a document, to the extent that it contains confidential information obtained under the Public Health Act 2005, section 56, may only be accessed under section 56(3) of that Act; and

a document, to the extent that it contains confidential information obtained under the Public Health Act 2005, section 86, may only be accessed under section 86(3) of that Act.