Coroners Regulation 2015

This regulation may be cited as the Coroners Regulation 2015.

This regulation commences on 1 September 2015.

The dictionary in schedule 2 defines particular words used in this regulation.

Schedule 1 states fees payable under the Act by the State to particular persons.

The fees for copies of an investigation document are as follows—

first copy—

each page—2.95 fee units; and

maximum fee—76.75 fee units;

additional copy—

each page—0.65 fee units; and

maximum fee—30.60 fee units.

Subsection (3) applies for working out the amount of a fee under this section.

For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded to the nearest multiple of 5 cents (rounding one-half upwards).

Example—

Subsection (1)(a)(i) prescribes a fee of 2.95 fee units. If the value of a fee unit for this regulation were $1.50, the number of dollars obtained by multiplying $1.50 by 2.95 would be $4.425. Because $4.425 is halfway between $4.40 and $4.45, it is rounded upwards, so the amount of the fee for subsection (1)(a)(i) would be $4.45.

This section applies if—

the State Coroner gives a person access to an investigation document under section 53 of the Act for research purposes; and

the chief executive is satisfied—

the research is not being conducted for profit; and

the fee for a copy of the document would impose an unreasonable financial burden on the person.

The chief executive may waive the fee for a copy of the investigation document.

This section applies if a person in financial hardship is given access to an investigation document under section 54 of the Act.

For subsection (1), a person is in financial hardship if the person holds a concession card.

The chief executive must waive the fee for a copy of the investigation document.

In this section—

concession card means—

a health care card or pensioner concession card under the Social Security Act 1991 (Cwlth); or

a pensioner concession card issued by the Commonwealth department in which the Veterans’ Entitlements Act 1986 (Cwlth) is administered.

This section applies if a family member of a deceased person is given access to an investigation document under section 54 of the Act.

Note—

See the definition family member in schedule 2 of the Act.

No fee is payable by the family member for a copy of the investigation document.

Subsection (2) applies if, immediately before the commencement, a doctor—

had started to perform an autopsy as mentioned in the repealed regulation, section 4; and

had not completed the autopsy.

The repealed regulation, section 4 continues to apply to the doctor in relation to the doctor’s entitlement to fees as if this regulation had not been made.

Subsection (4) applies if, immediately before the commencement, a person—

had started to give evidence at an inquest as mentioned in the repealed regulation, section 5; and

had not completed giving the evidence.

The repealed regulation, section 5 continues to apply to the person in relation to the person’s entitlement to fees as if this regulation had not been made.

In this section—

autopsy includes the autopsy report.

doctor see the schedule of the repealed regulation.

repealed regulation means the repealed Coroners Regulation 2003.

This section applies if, before the commencement—

a person, other than a person to whom schedule 1, section 7 applies, attended an inquest to give evidence; and

the person had not been paid the fee payable for the attendance under schedule 1, section 8 as in force before the commencement.

Schedule 1, section 8, as amended by the Criminal Practice (Fees) and Other Legislation Amendment Regulation 2017, applies in relation to the person for the attendance.

This section applies for each of the following services conducted by a doctor, if the provision of the service is arranged with a coroner in advance of the coroner requiring the doctor to conduct the service—

an autopsy conducted under the Act that is 1 of the following—

an external examination of a body not conducted as part of a preliminary investigation of a body;

an external and partial internal examination of a body;

an external and full internal examination of a body;

an examination of the cremated remains of a body;

a preliminary investigation of a body;

a test for an autopsy under section 23 of the Act.

The fee payable to the doctor for conducting the autopsy, preliminary investigation or test is—

for each whole hour—$269.34; and

for a part of an hour—$269.34 multiplied by the percentage representing the part of an hour.

However, time spent in taking a CT scan is to be disregarded in working out the fee under subsection (2).

Note—

See section 4 (Fee payable to doctor for taking CT scan)

In this section—

autopsy means—

an autopsy; and

preparing and giving an autopsy report for the autopsy under section 25(1) of the Act.

preliminary investigation of a body, by a doctor, means an investigation of a body, other than to the extent it is the taking of a CT scan, to decide whether the doctor can form a sufficient opinion as to the probable cause of death for the purpose of completing a cause of death certificate under the Births, Deaths and Marriages Registration Act 2003.

Examples of things that may be done by a doctor on a preliminary investigation of a body—

• considering the circumstances of death

• reviewing medical records

• an external examination of the body, including, for example, using an X-ray