Coroners Act 1995

In this section – coronial authority, in respect of a deceased person, means – the Chief Magistrate; or the coroner who has jurisdiction to investigate the death of the deceased person; coronial record means any of the following records in relation to an investigation of a death under this Act:the following records, if held by the Magistrates Court (Coronial Division):a report, in respect of the investigation or death, that is prepared by, or on behalf of, the State Forensic Pathologist or by a pathologist, or medical practitioner, approved under section 35; any other record or document, including any photograph, that – contains evidentiary material from the investigation; or is made under this Act in relation to the investigation or death; or is made as part of an autopsy performed under section 36 in relation to the death; a transcript, or recording, of oral evidence given to the court in respect of the investigation; a record referred to in paragraph (a) if the record is able to be provided lawfully to the Magistrates Court (Coronial Division) under this Act or any other Act.

The senior next of kin of a deceased person may request to be provided with a copy of one or more coronial records prepared in respect of the deceased person.

A request under subsection (2) – is to be made in writing to a coronial authority; and may relate to a specific coronial record, or all coronial records, prepared in respect of the deceased person to whom the request relates.

Subject to subsection (5), if a request is made to a coronial authority under subsection (2) in respect of a coronial record, the coronial authority must provide a copy of the record to the person who made the request within 28 days after the request is made or such later period as agreed between the person and the coronial authority.

A coronial authority may only refuse a request under subsection (2) in respect of a coronial record if the coronial authority is satisfied, on reasonable grounds, that – the coronial record is unable to be released by virtue of section 57, or another provision of this Act or any other Act; or the release of the coronial record to the senior next of kin would be – an unreasonable intrusion on the privacy of a person referred to in the record, other than the deceased person to whom the request relates; and contrary to the public interest due to that intrusion on the privacy of the person; or the release of the coronial record would be likely to prejudice – the investigation of a breach, or possible breach, of the law; or the enforcement or proper administration of the law; or the fair trial of a person; or the release of the coronial record would be contrary to national security or personal security.

If a coronial authority is satisfied that subsection (5) applies in respect of a coronial record, the coronial authority may redact or modify a copy of the record to the extent necessary, in the opinion of the coronial authority, to enable the record to be released under this section.

A coronial authority may order that a coronial record, released to a senior next of kin under this section, not be published.

A coronial authority may only make an order under subsection (7) if the coronial authority is satisfied, on reasonable grounds, that the publication of the coronial record is contrary to the public interest.

A person must not publish a coronial record contrary to an order under subsection (7). Fine not exceeding 50 penalty units.

If a senior next of kin who has made a request under this section is aggrieved by one or more of the following matters in respect of the request, the senior next of kin may appeal the matter:a decision that a record is not a coronial record for the purposes of the request; a failure to provide a copy of the coronial record as required under subsection (4); a decision that subsection (5) applies in respect of a coronial record to which the request relates including, but not limited to, whether an intrusion on the privacy of a person is unreasonable; the making of an order under subsection (7) in respect of a coronial record released under the request.

An appeal under subsection (10) is to be determined by – if the appeal relates to a request, under this section, determined by the Chief Magistrate as a coronial authority – the Supreme Court; and in any other case – the Chief Magistrate.

A person aggrieved by a decision of the Chief Magistrate in respect of an appeal under subsection (11)(b) may appeal the decision to the Supreme Court.

On the hearing of an appeal under subsection (10) or (12), the person determining the appeal may do one or more of the following:affirm, or quash, the decision specified in subsection (10) to which the appeal relates; affirm, amend, revoke or substitute the order under subsection (7) to which the appeal relates; make any further orders as the person thinks fit in the circumstances.