Coroners Act 2003

In this Act, unless the contrary intention appears—

the

a

any other coroner appointed under Part

for the release of the body of the dead person from the control of the coroner; or

for the disposal of human remains in respect of the body of the dead person;

the

the

the

the

the

the

the

was being detained in any place within the State under any Act or law, including any Act or law providing for home detention (and, for the purposes of this paragraph, a detainee who is absent from the place of his or her detention but is in the custody of an escort will be regarded as being in detention, but not otherwise); or

was in the process of being apprehended or was being held—

at any place (whether within or outside the State)—by a person authorised to do so under any Act or law of the State; or

at any place within the State—by a person authorised to do so under the law of any other jurisdiction; or

was evading apprehension by a person referred to in paragraph (b);

was escaping or attempting to escape from any place or person referred to in paragraph (a) or (b);

a police officer; or

a person appointed under this Act to be an investigator;

by unexpected, unnatural, unusual, violent or unknown cause; or

on an aircraft during a flight, or on a vessel during a voyage; or

in custody; or

that occurs during or as a result, or within 24 hours, of—

the carrying out of a surgical procedure or an invasive medical or diagnostic procedure; or

the administration of an anaesthetic for the purposes of carrying out such a procedure, not being a procedure specified by the regulations to be a procedure to which this paragraph does not apply;

that occurs at a place other than a hospital but within 24 hours of—

the person having been discharged from a hospital after being an inpatient of the hospital; or

the person having sought emergency treatment at a hospital; or

where the person was, at the time of death—

a protected person under the Aged and Infirm Persons' Property Act 1940 or the Guardianship and Administration Act 1993;

in the custody or under the guardianship of the Minister or Chief

a patient in an approved treatment centre under the Mental

a resident of a licensed supported residential facility under the

accommodated in a hospital or other treatment facility for the purposes of being treated for drug addiction; or

that occurs in the course or as a result, or within 24 hours, of the person receiving medical treatment to which consent has been given under Part 5 of the Guardianship and Administration Act 1993 or Part 2A of the Consent to Medical Treatment and Palliative Care Act 1995;

where no certificate as to the cause of death¹ has been given to the Registrar of Births, Deaths and Marriages; or

that occurs in circumstances prescribed by the regulations;

the sea that is within the adjacent area in respect of the State (as defined for the purposes of the Coastal

the airspace above that sea;

that occurred in the State; or

where the place of death is unknown but it is reasonably possible that the death occurred in the State; or

where the body of the person is in the State; or

a cause of which occurred, or possibly occurred, in the State; or

where, at the time of death, the person was ordinarily a resident in the

in the case of a death on an aircraft or vessel—where the flight or voyage was to a place of disembarkation in the State.

For the purposes of this Act, the death of a person is not reportable if—

the person dies outside of the State; and

a coroner under a corresponding law has issued a corresponding authorisation in respect of the body of the dead person.

For the purposes of this Act, the death of a person is not reportable if the death occurs as a result of the administration of a voluntary assisted dying substance in accordance with the Voluntary

For the purposes of this Act, a reference to the circumstances of an event may be taken to include matters related to or arising out of the event or its aftermath.

There will be a State Coroner.

The

A person is not eligible for appointment as the State Coroner unless he or she is a magistrate.

The

will be appointed for a term of 7 years, and on conditions, determined by the Governor; and

is, on the expiration of a term of office, eligible for reappointment;

will be paid a salary and allowances determined by the Remuneration

The

A coroner appointed under this section will be paid the fees (if any) fixed by regulation.

The

to administer the Coroner's Court;

to oversee and co-ordinate coronial services in the State;

to perform such other functions as are conferred on the State Coroner by or under this Act or any other Act.

In the absence of the State Coroner from official duties, responsibility for performance of the State Coroner's functions during that absence devolves on a Deputy State Coroner nominated by the Attorney-General.

The

another coroner; or

the principal administrative officer of the Coroner's Court; or

any other suitable person.

A delegation under this section—

must be in writing; and

may be conditional or unconditional; and

is revocable at will; and

does not derogate from the power of the State Coroner to act in any matter.

The

The

On ceasing to be an investigator, the former investigator must surrender the certificate to the Attorney-General.

An investigator must produce the certificate (or, in the case of a police officer not in uniform, his or her warrant card) at the request of any person in relation to whom the investigator is exercising powers under this Act.

The

A document apparently sealed with a seal of the Court will, in the absence of evidence to the contrary, be taken to have been duly issued under the authority of the Court.

The jurisdiction of the Coroner's Court is to hold inquests in order to ascertain the cause or circumstances of the events prescribed by or under this Act or any other Act.

In ascertaining the cause or circumstances of an event, the Coroner's

the public identification of a person, public sector agency or other organisation involved in the event, in particular in circumstances where it appears that such a person, agency or organisation caused or contributed to a death; or

requiring a person, public sector agency or other organisation to provide information about and explain their action or inaction in the circumstances of the event; or

assessing, subject to this Act, the accountability and responsibility of a person, public sector agency or other organisation involved in the event.