1Citation
These regulations may be cited as the Coroners Regulations 1997.
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Bill homepageThese regulations may be cited as the Coroners Regulations 1997.
These regulations come into operation on the day on which the Coroners Act 1996 comes into operation.
In these regulations —
approved form means a form approved by the State Coroner;
authorised user, of the ECMS, means a person who is registered with the court to send documents to the court, and to receive documents from the court, by means of the ECMS;
ECMS means the electronic case management system for the management of proceedings in Western Australian courts and tribunals;
eligible individual means an individual referred to in regulation 23B(2);
eligible individual fee, in relation to a matter specified in an item in Schedule 3, means the fee, if any, shown in column B for that item;
fee, except in regulation 21, means a fee set out in Schedule 3.
[Regulation 3A inserted: Gazette 4 Sep 2009 p. 3491; amended: Gazette 14 Jun 2016 p. 1872; SL 2021/150 r. 4.]
For the purposes of the Act a pathologist is a doctor with a qualification in pathology recognized by the Royal College of Pathologists of Australasia.
The oath or affirmation of office for the State Coroner referred to in section 9 of the Act is to be in the form of Form 1 or 2.
The State Coroner is not to delegate the power to conduct an inquest to a coroner’s registrar.
[Regulation 5 amended: Gazette 11 Mar 2008 p. 816.]
For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10, a document issued by the court in accordance with regulation 5C is authenticated if the electronic document bears a facsimile of the court’s seal.
[Regulation 5A inserted: SL 2021/150 r. 5.]
For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10 —
a document issued by the court in accordance with regulation 5C is authenticated if the electronic document identifies the person who issued it; and
a document filed with the court in accordance with regulation 5D is authenticated if the name of the person who signed the document is stated in the electronic version of the document at any place where a signature appears in the paper version of the document.
[Regulation 5B inserted: SL 2021/150 r. 5.]
For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 12, if the court is required, permitted or authorised under the Act to issue a person a record, notice, order, report, summons, authorisation or other document that is not required to be served personally, the court may issue the document to the person in electronic form —
if the person is an authorised user of the ECMS — by means of the ECMS; or
if the person provides an email address for service — by email.
[Regulation 5C inserted: SL 2021/150 r. 5.]
For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 12, a person who is required or authorised under the Act to file a document with the court may file the document in electronic form —
if the person is an authorised user of the ECMS — by means of the ECMS; or
by email to an email address provided by the court.
A document that does not comply with the requirements of the ECMS is taken —
not to have been filed with the court; and
not to be part of the court’s record.
If an authorised user of the ECMS files a document with the court in electronic form by means of the ECMS but does so in error, the court may, with the consent of the authorised user, remove the document from the court’s record.
[Regulation 5D inserted: SL 2021/150 r. 5.]
A document issued in accordance with regulation 5C or filed in accordance with regulation 5D —
by means of the ECMS, is taken to have been issued or filed on the day and at the time recorded by the ECMS; or
by email, is taken to have been issued or filed —
if the email is sent before 4 pm on a working day — on that day;
otherwise, on the next working day after the day on which the email is sent.
[Regulation 5E inserted: SL 2021/150 r. 5.]
A record of investigation into a death to be kept under section 26(1) of the Act is to be in the form of Form 3.
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