Coroners Rules 2006

Coroners Rules 2006

Under section 15AE of the Magistrates Court Act 1987, the Magistrates Rule Committee makes the following rules of court for the Magistrates Court (Coronial Division) established under the Coroners Act 1995.

These rules of court may be cited as the Coroners Rules 2006.

These rules of court take effect on 5 July 2006.

In these rules of court, unless the contrary intention appears – Act means the Coroners Act 1995; authorised person means a person authorised by a coroner for the purposes of section 59(3) of the Act;Chief Magistrate means the person for the time being holding or acting in the office of Chief Magistrate referred to in section 5 of the Magistrates Court Act 1987; confirm, in relation to a request made to a coroner, means give the coroner a notice that confirms the request and specifies the reasons for making the request; court means the Magistrates Court (Coronial Division) established by section 5 of the Act; deposition includes – a written proof of evidence prepared by a witness; and an examination of the witness in relation to that proof; notice or "notification" means a notice or notification in writing; oral evidence includes a deposition or affidavit read to the court; writing includes writing in electronic form.

Expressions that are defined in the Act and used in these rules of court have, unless the contrary intention appears, the same meaning in these rules of court as they have in the Act.

In these rules of court, a reference to a form by number is a reference to the form so numbered in Schedule 1.

For the purposes of section 19(1) or (4) of the Act, a report of a death may be made in person or by any available means of communication.

A person who reports a death as required by section 19(1) or (4) of the Act must, within 48 hours after making that report, provide a coroner or police officer with written confirmation of that report in the prescribed form. Fine not exceeding 10 penalty units.

It is a defence in proceedings for an offence against subrule (2) if the defendant establishes that the report he or she made under section 19(1) or (4) of the Act was in writing and contained all, or a substantial part, of the information required to be included in the prescribed form.

In this rule of court – prescribed form means a form determined by the Chief Magistrate.

A request under section 27(1) or section 37(1) of the Act is to –

be made as soon as practicable after the relevant death; and specify the reasons why it is being made; and be confirmed in writing within 24 hours after being made if it is not in writing.

A request under section 38(1) of the Act is to –

be made before the relevant autopsy begins; and specify the reasons why it is being made; and be confirmed in writing within 24 hours after being made if it is not in writing.

A coroner's direction to perform an autopsy under section 36 of the Act is to –

be in a form determined by the Chief Magistrate; and specify whether a full or limited autopsy is to be performed.

If a coroner under section 36 of the Act directs the State Forensic Pathologist, an approved pathologist or a medical practitioner to perform an autopsy –

the State Forensic Pathologist, approved pathologist or medical practitioner is to perform the autopsy as soon as practicable after receiving the direction; and as soon as practicable after completing the autopsy, the State Forensic Pathologist, approved pathologist or medical practitioner is to notify the coroner – of any preliminary findings as to the cause of death; or that the cause of death is still under investigation; or whether any of the deceased person's organs have been retained and, if so, the reason for their retention; and within 28 days of completing the autopsy or such longer period as the coroner may allow, the State Forensic Pathologist, approved pathologist or medical practitioner is to notify the coroner of the autopsy findings; and the State Forensic Pathologist, approved pathologist or medical practitioner is not to notify any other person of the autopsy findings without the prior approval of the coroner.

An order made under section 39(1) of the Act is to be in a form determined by the Chief Magistrate.

The Chief Magistrate is to provide a copy of the order to the Minister administering the Local Government Act 1993.

A request under section 39(3) of the Act is to –

be made before the relevant exhumation order is executed; and specify the reasons why it is being made; and be confirmed in writing within 24 hours after being made if it is not in writing.

A record kept under section 29(1) of the Act is to be in a form determined by the Chief Magistrate.