Coroners Act 1995

Coroners Act 1995

This Act may be cited as the Coroners Act 1995.

This Act commences on a day to be proclaimed.

In this Act, unless the contrary intention appears –

Aboriginal remains means the remains of an Aboriginal person buried in accordance with Aboriginal custom;

approved pathologist means a pathologist or medical practitioner approved under section 35;

body includes a portion of a human body;

controlling authority means a controlling authority within the meaning of the Mental Health Act 2013;

coroner means a person appointed as a coroner under this Act and, except in sections 10 and 11, includes a magistrate;

coroner's associate includes the Chief Clerk (Coronial Division);

correctional officer means a correctional officer within the meaning of the Corrections Act 1997;

death includes suspected death;

Director of Public Prosecutions means the person for the time being holding, or acting in, the office of Director of Public Prosecutions established by section 3(1) of the Director of Public Prosecutions Act 1973;

disposal of human remains means – cremation of the remains; or burial of the remains, including burial at sea; or placing the remains in a mausoleum or other permanent resting place; or placing the remains in the custody of an educational or scientific institution for the purpose of medical education or research; or removal of the remains from the State (but not if the remains have been cremated or are taken from the State by sea and buried at sea in the course of the voyage);

detention centre has the same meaning as in the Youth Justice Act 1997;

inquest means a public inquiry that is held by a coroner in respect of a death, fire or explosion;

Magistrates Rule Committee means the committee referred to in section 15AC of the Magistrates Court Act 1987;

medical procedure means a procedure performed on a person by, or under the general supervision of, a medical practitioner and includes – imaging; and an examination whether internal or external; and a surgical procedure;

mental health officer means a mental health officer within the meaning of the Mental Health Act 2013;

pathologist means a medical practitioner who has obtained a qualification in pathology recognised by the National Specialist Qualification Advisory Committee of Australia;

person held in care means – a child, within the meaning of the Children, Young Persons and Their Families Act 1997, in the custody or under the guardianship of the Secretary, within the meaning of that Act; a person detained or liable to be detained in an approved hospital within the meaning of the Mental Health Act 2013 or in a secure mental health unit or another place while in the custody of the controlling authority of a secure mental health unit, within the meaning of that Act;

person held in custody means – a person in the custody or control of – a police officer; or a correctional officer; or a mental health officer; or the controlling authority of a secure mental health unit; or a prescribed person within the meaning of section 31 of the Criminal Justice (Mental Impairment) Act 1999; or a person who has custody under the order of a court for the purposes of taking the person to or from a court; or a person detained – in a prison as defined in the Corrections Act 1997; or in a building or part of a building at a police station used for the confinement of persons under arrest or otherwise lawfully detained in custody; or in a detention centre;

prescribed means prescribed by the rules referred to in section 69A;

regulations means regulations made and in force under this Act;

reportable death means – a death where – the body of a deceased person is in Tasmania; or the death occurred in Tasmania; or the cause of the death occurred in Tasmania; or the death occurred while the person was travelling from or to Tasmania – being a death – that appears to have been unexpected, unnatural or violent or to have resulted directly or indirectly from an accident or injury; or that occurs during a medical procedure, or after a medical procedure where the death may be causally related to that procedure, and a medical practitioner would not, immediately before the procedure was undertaken, have reasonably expected the death; or the cause of which is unknown; or of a child under the age of one year which was sudden and unexpected; or of a person who immediately before death was a person held in care or a person held in custody; or of a person whose identity is unknown; or that occurs at, or as a result of an accident or injury that occurs at, the deceased person's place of work, and does not appear to be due to natural causes; or the death of a person who ordinarily resided in Tasmania at the time of death that occurred at a place outside Tasmania where the cause of death is not certified by a person who, under a law in force in the place, is a medical practitioner; or the death of a person that occurred whilst that person was escaping or attempting to escape from prison, a detention centre, a secure mental health unit, police custody or the custody of a person who had custody under an order of a court for the purposes of taking that person to or from a court; or the death of a person that occurred whilst a police officer, correctional officer, mental health officer or a prescribed person within the meaning of section 31 of the Criminal Justice (Mental Impairment) Act 1999 was attempting to detain that person;

secure mental health unit means – a secure mental health unit within the meaning of the Mental Health Act 2013; or any other place in which a person is being detained while in the custody of the controlling authority of a secure mental health unit;

senior next of kin– see section 3A;

spouse includes the other party to a significant relationship, within the meaning of the Relationships Act 2003;

State Forensic Pathologist means the person appointed and holding office as State Forensic Pathologist under section 17.

For the purposes of this Act, the senior next of kin of a deceased person is –

if a person was, immediately before the death of the deceased person, the only spouse of that deceased person, that spouse; or if the deceased person, at the time of his or her death, is survived by more than one person who would qualify as the deceased person's spouse, the last person to so qualify; or if the deceased person, at the time of his or her death, is survived by more than one person who would qualify as the deceased person's spouse and the spouse referred to in paragraph (b) is not available, another spouse of the deceased person if that spouse has the approval of the spouse referred to in paragraph (b); or if the person referred to in paragraph (a), (b) or (c) is not available, a child of the deceased person if the child has attained the age of 18 years; or if the person referred to in paragraph (a), (b), (c) or (d) is not available, the person with whom the deceased person had a caring relationship, at the time of his or her death, which was the subject of a deed of relationship registered under Part 2 of the Relationships Act 2003; or if the person referred to in paragraph (a), (b), (c), (d) or (e) is not available, a parent of the deceased person; or if the person referred to in paragraph (a), (b), (c), (d), (e) or (f) is not available, a sibling of the deceased person if the sibling has attained the age of 18 years; or if the person referred to in paragraph (a), (b), (c), (d), (e), (f) or (g) is not available, an executor named in the will of the deceased person or a person who, immediately before the death, was a personal representative of the deceased person; or if the deceased person is an Aboriginal person, a person who, according to the customs and tradition of the community or group to which the person belongs, is an appropriate person.

If a person is aggrieved by a decision made under this Act specifying who is the senior next of kin of a deceased person for the purposes of this Act, the person may appeal the decision to the Supreme Court.

On hearing an appeal under subsection (1), the Supreme Court may – affirm the decision; or quash the decision and make any further orders as the Supreme Court thinks fit in the circumstances.

A rule of the common law that, immediately before the commencement of this section, conferred a power or imposed a duty on a coroner or a coroner's court ceases to have effect.

There is established a division of the Magistrates Court to be known as the Magistrates Court (Coronial Division).

The jurisdiction conferred on a coroner under this Act is to be exercised solely within the Magistrates Court (Coronial Division).

For the purposes of exercising the jurisdiction conferred on a coroner under this Act, the Magistrates Court is to be constituted by a single magistrate or a single coroner.

The functions of the Chief Magistrate under this Act are as follows:

to ensure that a State coronial system is administered and operated efficiently;

to oversee and co-ordinate coronial services;

to ensure that all reportable deaths reported to a coroner are investigated;

to ensure that an inquest is held whenever the Chief Magistrate considers it is desirable to do so and whenever an inquest is required by this Act to be held;

to ensure that an autopsy is performed whenever the Chief Magistrate considers it is desirable to do so;

to ensure that all fires and explosions that occur in this State are investigated whenever the Chief Magistrate considers that it is desirable to do so and whenever it is required by this Act;

to issue guidelines to coroners to assist them to carry out their duties;

to co-ordinate and allocate work between coroners;

such other functions as are imposed on the Chief Magistrate under this Act.

The Chief Magistrate may issue general directions to coroners requiring them to give to the Chief Magistrate or to a coroner, to whom the Chief Magistrate has delegated any of the Chief Magistrate's functions or powers, information coroners receive concerning reportable deaths, fires or explosions.

A coroner who receives information to which the directions apply must comply with the directions as soon as possible after receiving the information.

The Chief Magistrate may delegate to a coroner any of the Chief Magistrate's functions or powers under this Act, other than this power of delegation.