Coroners Act 2003

Subject to this section, the State Coroner must, unless the State Coroner is satisfied that it is not in the interests of justice to do so, on application by the family of a person the subject of an event in relation to which the State Coroner determines an inquest is not to be held under this Act or an earlier enactment (whether the determination was made before or after the commencement of this section), provide to the applicant a copy of all records held by the

An application may only be made under subsection (1) in respect of an event in relation to which the State Coroner determines an inquest is not to be held—

if the event is a reportable death—after the expiration of 20 years following the making of a finding as to the cause of death or a finding that the death was due to undetermined natural causes; or

in any other case—after the expiration of 20 years following the determination that an inquest is not to be held in relation to the event.

The ability of a person to make an application under this section does not derogate from the ability of the person to make an application under section 37.

For the avoidance of doubt, records that may be provided under subsection (1) include the following:

material that was not taken or received in open court;

a photograph, slide, film, video tape, audio tape or other form of recording from which a visual image or sound can be produced;

material of a class that is prescribed by the regulations pursuant to section 37(2)(d).

Material that has been suppressed from publication under this Act or any other Act (subject to that other Act) may only be provided under this section if the State Coroner is satisfied that it is in the interests of justice to do so.

The

If a copy of a record to be released under this section identifies an individual, the State Coroner may redact or otherwise modify the copy of the record to the extent necessary to remove the identity of the individual from the copy if satisfied that the interests of justice require it in the circumstances of the particular case.

The

an application for the provision of copies of records under this section; or

the provision of copies of records under this section.

In this section—

is a descendant of the indigenous inhabitants of Australia or the

regards themself as Aboriginal or Torres Strait Islander or, if they are a child, is regarded as Aboriginal or Torres Strait Islander by at least 1 of their parents;

the

the

any other Act or law of this State providing for the holding of an inquest into the death or disappearance of a person;

the person's senior next of kin; and

in relation to an Aboriginal or Torres Strait Islander person, includes any person held to be related to the person according to Aboriginal kinship rules, or Torres Strait Islander kinship rules, as the case may require;

the spouse or domestic partner of the person (and if the person had more than 1 spouse or domestic partner, the person's most recent spouse or domestic partner);

if the person did not have a spouse or domestic partner or if they are not available—any adult child of the person;

if the person did not have a spouse, domestic partner or adult child or if they are not available—a parent of the person;

if the person did not have a spouse, domestic partner, adult child or living parent or if they are not available—any adult brother or sister of the person;

if the person did not have a spouse, domestic partner, adult child, living parent or adult brother or sister or if they are not available—

any person who is named as an executor in the person's will; or

any person who was the person's legal personal representative immediately before the event in relation to which the State Coroner determines an inquest is not to be held;