Access to documents
115 Access to documents
S. 115(1) substituted by No. 62/2014 s. 73(1).
Unless otherwise ordered by the coroner, the principal registrar must—
provide the senior next of kin of a deceased person written notice, in accordance with the rules, specifying—
that reports have been given to a coroner as a result of a medical examination performed on the deceased; and
that the senior next of kin may request copies of those reports; and
the manner in which the senior next of kin may request copies of those reports; and
if an inquest is to be held, provide an interested party with a copy of the coronial brief.
A coroner may also release a document to—
an interested party if the coroner is satisfied that the party has a sufficient interest in the document;
a statutory body if the coroner is satisfied that the release of the document is required to allow the statutory body to exercise a statutory function;
S. 115(2)(c) amended by No. 37/2014 s. 10(Sch. item 30.5).
a police officer for law enforcement purposes;
a person who is conducting research if the coroner is satisfied that the research has been approved by an appropriate human research ethics committee;
any person if the coroner is satisfied that the release is in the public interest;
a person specified in the rules as being a person to whom documents may be released.
A coroner may impose conditions on the release of any document under subsection (1) or (2).
A person to whom a document has been released under this section must comply with any condition placed on that release.
- 60 penalty units.
A person must not knowingly or recklessly fail to comply with any condition placed on the release of a document under this section.
- 60 penalty units.
A document relating to the investigation of a death or a fire that is held by a coroner must not be released by a coroner except as permitted under this Act or any other law.
S. 115(7) amended by Nos 62/2014 s. 73(2)(a), 3/2016 s. 106.
In this section, coronial brief means a brief of evidence that is prepared for a coronial investigation and contains the following (if available)—
a statement of identification by an appropriate person;
any reports given to a coroner as a result of a medical examination;
S. 115(7)(c) amended by No. 62/2014 s. 73(2)(b).
reports and statements that the coroner investigating the death or fire believes are relevant to a coronial investigation;
S. 115(7)(d) amended by No. 62/2014 s. 73(2)(c).
other evidentiary material that the coroner investigating the death or fire believes is relevant to the coronial investigation;
any material prescribed by the rules or the regulations.
S. 115(8) amended by No. 62/2014 s. 73(3).
For the purposes of subsection (7), a coronial brief does not include any part of a medical file that the coroner considers to be irrelevant to the coronial investigation.
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