Appointment of coroners
94 Appointment of coroners
S. 94(1) amended by No. 63/2013 s. 83(2)(a).
The Governor in Council, on the advice of the Attorney-General, may appoint as many coroners under this section as are necessary for transacting the business of the Coroners Court.
S. 94(2) amended by No. 63/2013 s. 83(2)(b).
A person is not eligible for appointment as a coroner under this section unless he or she—
has not attained the age of 75 years and is or has been a judge or magistrate of—
the High Court of Australia or of a court created by the Parliament of the Commonwealth; or
a court of Victoria or of another State or of a Territory; or
S. 94(2)(b) amended by No. 17/2014 s. 160(Sch. 2 item 21.2).
has not attained the age of 70 years and is an Australian lawyer of at least 5 years' standing; or
has not attained the age of 75 years and is appointed to act as a coroner in another State or a Territory.
S. 94(3) amended by No. 63/2013 s. 83(2)(c)(i).
A coroner under this section—
S. 94(3)(a) amended by No. 63/2013 s. 83(2)(c)(ii).
is eligible for reappointment as a coroner;
ceases to hold office—
at the end of 5 years from the date of his or her appointment; or
S. 94(3)(b)(ii) amended by No. 20/2015 s. 43.[1]
on attaining the age of 70 years or, in the case of a coroner referred to in subsection (2)(a) or (2)(c), 75 years—
whichever is sooner;
may only be removed from office in the same way and on the same grounds as a magistrate is liable to be removed from office.
S. 94(4) amended by No. 63/2013 s. 83(2)(d).
A coroner under this section may resign from the office of coroner by delivering a letter of resignation, signed by the coroner, to the Governor.
S. 94(5) amended by Nos 34/2010 s. 5, 63/2013 s. 83(2)(e), 29/2015 s. 50(2), 3/2016 s. 23.
A coroner under this section is entitled to be paid the same salary and is entitled to the same allowances and other conditions of service as a magistrate and the superannuation contributions payable for the benefit of a magistrate.
S. 94(6) inserted by No. 29/2015 s. 50(3).
The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent—
the amounts (including the amount of any non-salary benefits) payable to or for any coroner under this section; and
premiums and other amounts payable under the Workplace Injury Rehabilitation and Compensation Act 2013 in respect of any coroner under this section; and
payroll tax payable under the Payroll Tax Act 2007 in respect of wages paid or payable to any coroner under this section; and
tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any coroner under this section; and
superannuation contributions within the meaning of the Payroll Tax Act 2007 payable in respect of any coroner under this section.
S. 94(7) inserted by No. 29/2015 s. 50(3).
In this section, non-salary benefits has the same meaning as it has in clause 3(5) and (6) of Schedule 1A to the Public Administration Act 2004.
S. 95 (Heading) amended by No. 6/2018 s. 68(Sch. 2 item 30.1).
S. 95 amended by No. 6/2018 s. 68(Sch. 2 item 30.2).
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