Australian Capital Territory Current Acts

CORONERS ACT 1997

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

           Division 1.1--Introduction

   1.      Name of Act  
   2.      Dictionary  
   3A.     Notes  
   3B.     Offences against Act—application of Criminal Code etc  

           Division 1.2--Objects and important concepts

   3BA.    Objects of Act  
   3BB.    Meaning of death in care  
   3C.     Meaning of death in custody  
   3D.     Who is a custodial officer?  

   PART 2--THE CORONER'S COURT

           Division 2.1--Establishment

   4.      Establishment  

           Division 2.2--Appointment etc of coroners

   5.      Coroners  
   6.      Chief Coroner  
   7.      Chief Coroner's functions  
   8.      Deputy coroners  
   9.      Deputy coroners' functions  
   10.     Oath to be taken by coroner or deputy coroner  
   11.     Registrar and deputy registrars  
   11A.    Coroner for matter not available  

   PART 3--JURISDICTION OF CORONERS

           Division 3.1--Inquests into deaths

   12.     General functions and jurisdiction of coroner  
   13.     Coroner's jurisdiction in relation to deaths  
   15.     Control and release of body of deceased  
   17.     Assistance to State and other Territory coroners  
   17A.    Considerations before exercising function or making decision  

           Division 3.2--Inquiries into fires

   18.     Coroner's jurisdiction in relation to fires  

           Division 3.3--Inquiries into disasters

   19.     Coroner's jurisdiction in relation to disasters  

   PART 4--POST-MORTEM EXAMINATIONS AND EXHUMATIONS

   19A.    Meaning of ancillary examination—pt 4  
   19B.    Directions to obtain medical records  
   19C.    Ancillary examination  
   20.     Dispensing with post-mortem examination  
   21.     Directions to doctors to conduct post-mortem examinations  
   22.     Unavailability of doctor directed to conduct a post-mortem examination  
   23.     Consideration of immediate family  
   24.     Reconsideration of decisions  
   25.     Previous attending doctor entitled to observe post-mortem  
   27.     Warrant for exhumation of body or recovery of ashes  
   29.     Form of warrant for exhumation  
   30.     Reinterment of remains or ashes  
   31.     Removal of body or ashes for purposes of inquest outside the ACT  
   32.     Report by doctor or analyst  
   33.     Assistance at post-mortems etc  

   PART 5--INQUESTS AND INQUIRIES

           Division 5.1--Hearings

   34.     Hearings  
   34A.    Decision not to conduct hearing  
   35.     Time and place of hearing  
   36.     Adjournment of hearing  
   37.     Notification of immediate family  
   38.     Notice relating to conduct of hearing  
   39.     Inquests into non-custodial deaths and inquiries—discretion to appoint counsel  
   39A.    Functions of counsel assisting  
   39B.    Counsel assisting—revocation of appointment  
   40.     Hearing in public except in certain cases  
   41.     Hearing to be held without jury  
   42.     Representation at hearing  
   42A.    Appearance by audiovisual or audio links  

           Division 5.2--Witnesses

   43.     Power of coroner to subpoena witnesses etc  
   44.     Service of subpoena on witness  
   45.     Arrest of witness  
   46.     People about to leave ACT—examination and production of documents  

           Division 5.3--Evidence and procedure

   47.     Rules of evidence do not apply  
   48.     Evidence  
   49.     Record of proceedings  
   50.     Informal request for evidence  
   51.     Access to documents etc  
   51A.    Practice and procedure for inquests and inquiries  
   51B.    Privilege in relation to self-incrimination in coronial inquest or  

           Division 5.4--Findings and reports

   52.     Coroner's findings  
   53.     Interim findings  
   54.     Requests for copies of findings  
   55.     Adverse comment in findings or reports  
   56.     Notification of registrar-general  
   57.     Report after inquest or inquiry  
   57A.    Correction of errors  

           Division 5.5--Indictable offences

   58.     Procedure where evidence of indictable offence or indictment to be  
   58A.    When inquest or inquiry may proceed—s 58  

           Division 5.6--General powers of coroners

   59.     Investigators  
   60.     Coroner not to be called as witness  
   61.     Coroner not required to view the subject matter of inquest or  
   62.     Coroner may act on a Sunday  
   63.     Police assistance  
   64.     Request for hearing or for reconsideration of certain decisions  
   65.     Restriction of access  
   66.     Search warrants  
   67.     Inspection and retention of seized things  
   68.     Chief Coroner—power to hold fresh inquest or inquiry  

           Division 5.7--Other requirements

   68A.    Coroner to give information to immediate family  

   PART 5A--CORONIAL INVESTIGATION SCENES

   68B.    Definitions—pt 5A  
   68C.    Coronial investigation scene order  
   68D.    Establishment of coronial investigation scene  
   68E.    Coronial investigation scene powers  
   68F.    Senior police officer may establish scene for expected coronial  
   68G.    Exercise of investigation scene powers under pt 5A  
   68H.    Part does not limit other powers  

   PART 6--DEATHS IN CARE AND DEATHS IN CUSTODY--ADDITIONAL PROVISIONS

   69.     Consideration of deceased's family etc  
   70.     Viewing of body etc  
   71.     Post-mortem examinations by pathologists  
   72.     Inquest into death in care or death in custody—appointment of counsel  
   73.     Records of deaths in care and deaths in custody  
   74.     Findings about quality of care, treatment and supervision  
   75.     Copies of reports of findings  
   76.     Response to reports  

   PART 7--OFFENCES

   76A.    Application of Criminal Code, ch 7  
   77.     Obligation to report death  
   78.     Obligation to report death in care or death in custody  
   83.     Improper dealing with body or ashes of dead person  
   89.     Acts and omissions of representatives  

   PART 8--POWERS OF SUPREME COURT

   90.     Application to hold hearing for inquest or inquiry into fire  
   91.     Supreme Court—general  
   92.     Supreme Court—power to order inquest or inquiry  
   93.     Supreme Court—power to quash, or order fresh, inquest or  

   PART 9--WITNESS EXPENSES AND OTHER AMOUNTS

   98.     Witness expenses  
   99.     Amounts payable to assistants  

   PART 10--MISCELLANEOUS

   99A.    Contempt of Coroner's Court  
   99B.    Protection if information given to coroner  
   100.    Deaths in institutions—retention of records of dead person  
   100A.   Attorney-general may make guidelines for responses  
   101.    Court seal  
   102.    Annual report of court  
   103.    Regulation-making power  
           SCHEDULE 1
           DICTIONARY
           ENDNOTES