Australian Capital Territory Current Acts

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CORONERS ACT 1997 - SECT 64

Request for hearing or for reconsideration of certain decisions

    (1)     The Chief Coroner may, on application in writing by a person, arrange for a hearing to be conducted for an inquest or an inquiry into a fire.

    (2)     Subject to subsection (3), the Chief Coroner must—

        (a)     on application by a person requesting that a coroner who made a decision to dispense with or to conclude a hearing, reconsider the decision; and

        (b)     if satisfied that the applicant has sufficient interest in the inquest or inquiry into a fire to which the hearing relates;

request the coroner to whom the application relates to reconsider the decision.

    (3)     If the application relates to a decision of the Chief Coroner, the Chief Coroner must, if satisfied that the applicant has sufficient interest in the inquest or inquiry into a fire, reconsider the decision.

    (4)     An application made to the Chief Coroner must—

        (a)     be in writing; and

        (b)     set out the grounds on which the person relies.

    (5)     The coroner must respond to the Chief Coroner's request within 14 days after receipt of the request.

    (6)     If—

        (a)     after reconsidering the original finding, the coroner who made it notifies the Chief Coroner that the coroner does not intend to conduct a hearing or to alter the finding; or

        (b)     the coroner in relation to whose finding the request was made is unavailable (for whatever reason) to reconsider the finding;

the Chief Coroner must arrange for a hearing to be conducted, if satisfied that a hearing should be conducted.

    (7)     The Chief Coroner, within 14 days after receiving the coroner's response under subsection (5), must—

        (a)     if the coroner intends to conduct a hearing, or the Chief Coroner is satisfied under subsection (6) that a hearing should be conducted—give the applicant notice in writing that a hearing will be conducted; or

        (b)     if the Chief Coroner is not satisfied under subsection (6) that a hearing should be conducted—give the applicant the following:

              (i)     notice in writing that a hearing will not be conducted;

              (ii)     if the coroner was available to reconsider the original finding—a written statement setting out any comments by the coroner in response to the applicant's request, and the coroner's reasons for not conducting a hearing or altering the original finding;

              (iii)     a written statement setting out the Chief Coroner's reasons for not being satisfied that a hearing should be conducted.

    (8)     An explanation under subsection (7) (b) (ii) must include a statement to the effect that application may be made to the Supreme Court, within 30 days after receipt of the notice, for an order that a hearing be conducted.



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