Coroners Act 1995

The Chief Magistrate may reopen an investigation and re-examine some or all of its findings, or direct another coroner to do so, if the Chief Magistrate is satisfied that – the investigation was or may have been tainted by fraud; or the investigation was not sufficiently thorough or was compromised by evidentiary or procedural irregularity; or there are mistakes in the record of the findings; or new facts or evidence affecting the findings have come to light; or the findings were not supported by the evidence; or there is another compelling reason to reopen the investigation.

The Chief Magistrate's power under subsection (1) may be exercised on – the Chief Magistrate's own initiative; or the application of a person who the Chief Magistrate considers has a sufficient interest in the findings of the investigation.

However, the Chief Magistrate is not to exercise power under subsection (1) if an application under section 58A in respect of the investigation – is before the Supreme Court; or has been rejected by the Supreme Court and the Chief Magistrate's reasons for exercising the power would be the same or substantially the same as the grounds of that application.

A coroner who is directed to reopen an investigation under this section may, but need not be, the same coroner who conducted the investigation.

A coroner who is re-examining some or all of the findings of an investigation that has been reopened under this section may do any of the following:affirm the findings; quash the findings; vary the findings.

Subsection (5) does not prevent the coroner from exercising any other power or performing any other function under this Act in respect of the reopened investigation.

A person may appeal to the Supreme Court if the Chief Magistrate refuses an application made by the person under subsection (2)(b) seeking the reopening of an investigation.

On hearing the appeal, the Supreme Court may – affirm the Chief Magistrate's decision; or quash the Chief Magistrate's decision.

If subsection (8)(b) applies, the Supreme Court – is to order the Chief Magistrate to exercise power under subsection (1) in accordance with such directions as the court may specify in the order; and may make such further orders as the court thinks fit in the circumstances.