Refusing access in the public interest
56 Refusing access in the public interest
A coroner may refuse to allow a person access to an investigation document if the coroner considers that disclosure of the information in the document would not be in the public interest when weighed against all relevant interests.
Example—A coroner may refuse access to a document if the coroner considers the document contains—
defamatory information; or
unsubstantiated allegations of criminal conduct; or
information that may prejudice the coroner’s investigation.
Subsection (1) applies even if the person is otherwise eligible, under this division, to be given access to the document.
Also, a coroner may refuse to give access to a coronial document until a stated time.
Example—If a document contains information that is likely to prevent a person from receiving a fair trial, a coroner may refuse to give access to the document until the trial is over.
A person may apply to a coroner who refused access to an investigation document under this section to amend or revoke the order containing the refusal.
Example—A person who wants to produce the document in evidence in another proceeding might apply to the coroner to allow a copy of the document to be given to the judge in that proceeding.
This Act’s bill:Explanatory memorandum
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.