Right of appearance and taking evidence
20 Right of appearance and taking evidence
The following persons are entitled to appear personally or by counsel in proceedings before the Coroner's Court:
the
Attorney-General;
any person who, in the opinion of the Court, has a sufficient interest in the subject or result of the proceedings.
A person appearing before the Court under subsection (1) may examine and cross-examine any witness testifying in the proceedings.
The
Court may accept evidence in the proceedings from a witness by affidavit or by written statement verified by declaration in the form prescribed by the rules.
However, if the witness is a child under the age of 12 years or a person who is illiterate or has an intellectual disability, the witness's statement may be in the form of a written statement taken down by a coroner or an investigator at an interview with the witness and verified by the coroner or investigator, by declaration in the form prescribed by the rules, as an accurate record of the witness's oral statement.
The
Court may require a person who has given evidence by affidavit or written statement to attend before the Court for the purposes of examination and cross-examination.
If—
a written statement made by a person under this section is false or misleading in a material particular; and
the person knew that the statement was false or misleading, the person is guilty of an offence.
Maximum penalty: Imprisonment for 2 years.
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