Coroners Act 2003

The State Coroner’s functions are—

to oversee and coordinate the coronial system; and

to ensure the coronial system is administered and operated efficiently; and

to ensure deaths reported to coroners that are reportable deaths are investigated to an appropriate extent; and

to ensure an inquest is held if—

the inquest is required to be held under this Act; or

it is in the public interest for the inquest to be held; and

to be responsible, together with each Deputy State Coroner, for all investigations into deaths in custody; and

to issue directions and guidelines about the investigation of deaths and for other matters under this Act; and

to promote public awareness of the coronial system; and

any other function given to the State Coroner or a coroner under this or another Act.

The State Coroner has power to do all things necessary or convenient to be done for, or in connection with, the performance of the State Coroner’s functions.

Without limiting subsection (2), the State Coroner may enter into an arrangement with a government entity to facilitate the entity’s relationship with the coronial system.

While a magistrate holds appointment as the State Coroner, the only functions and powers that the magistrate has are the functions and powers of the State Coroner.

The State Coroner must devote the whole of his or her time to the duties of the State Coroner.

Without limiting subsection (5), the State Coroner must not practise as a barrister or solicitor for fee or reward.

Despite subsections (4) and (5), the State Coroner—

may be appointed to act as, and perform the functions and exercise the powers of, the Deputy Chief Magistrate; and

may be appointed to, and perform the functions and exercise the powers of, another office if—

holding the office, performing the functions and exercising the powers are compatible with the office of State Coroner; and

the Attorney-General, after consulting with the Chief Magistrate, approves of the State Coroner holding the office, performing the functions and exercising the powers.

The State Coroner must immediately stop holding an office, performing a function or exercising a power mentioned in subsection (7)(c) if required to do so by the Attorney-General.

The Magistrates Act 1991, section 41 does not apply in relation to the State Coroner.

However, if the State Coroner is acting as Deputy Chief Magistrate, the Magistrates Act 1991, section 41(1) applies to the extent it requires an acting Deputy Chief Magistrate to comply with every reasonable direction given to, or requirement made by, the Chief Magistrate.

To remove any doubt, it is declared that the Magistrates Act 1991, section 14(b) applies to the State Coroner while acting as Deputy Chief Magistrate.

The State Coroner may not perform the functions, or exercise the powers, of the State Coroner while the State Coroner acts as Deputy Chief Magistrate or, under the Magistrates Act 1991, section 14(b), as Chief Magistrate.

In this section—government entity means a government entity as defined in the Public Sector Act 2022, section 276.