Australian Capital Territory Numbered Acts

CORONERS ACT 1997 (NO. 57 OF 1997)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Interpretation  

   PART II--THE CORONER'S COURT

   4.      Establishment  
   5.      A Magistrate is a Coroner  
   6.      Chief Coroner  
   7.      Chief Coroner's powers and functions  
   8.      Deputy Coroners  
   9.      Deputy Coroners' powers  
   10.     Oath or affirmation to be taken or made by a Coroner or Deputy Coroner  
   11.     Registrar and Deputy Registrars  

   PART III--JURISDICTION OF CORONERS

   12.     General powers of Coroner preserved  
   13.     Coroner's jurisdiction in relation to deaths  
   14.     Decision not to conduct hearing  
   15.     Control of the body of the deceased  
   16.     Form of Coroner's certificate  
   17.     Assistance to State and other Territory Coroners  
   18.     Coroner's jurisdiction in relation to fires  
   19.     Coroner's jurisdiction in relation to disasters  

   PART IV--POST-MORTEM EXAMINATIONS AND EXHUMATIONS

   20.     Dispensing with post-mortem examination  
   21.     Directions to medical practitioners to conduct post-mortem examinations  
   22.     Unavailability of medical practitioner directed to conduct a post-mortem examination  
   23.     Consideration of immediate family  
   24.     Reconsideration of decisions  
   25.     Previous attending medical practitioner entitled to observe post-mortem  
   26.     Removal of body to place of post-mortem examination  
   27.     Warrant for exhumation of body or recovery of ashes  
   28.     Prior considerations before directing post-mortem examinations  
   29.     Form of warrant for exhumation  
   30.     Re-interment of remains or ashes  
   31.     Removal of body or ashes for purposes of inquest outside the Territory  
   32.     Report by medical practitioner or analyst  
   33.     Assistance at post-mortems etc.  

   PART V--INQUESTS AND INQUIRIES

   34.     Hearings  
   35.     Time and place of hearing  
   36.     Adjournment of hearing  
   37.     Notification of immediate family  
   38.     Notice relating to conduct of hearing  
   39.     Non-custodial deaths and fires—discretion to appoint legal practitioner  
   40.     Hearing in public except in certain cases  
   41.     Hearing to be held without jury  
   42.     Representation at hearing  
   43.     (1) If a Coroner is satisfied that—  
   44.     Service of summons on witness  
   45.     Warrant to bring witness to court  
   46.     Persons about to leave Territory—examination and production of documents  
   47.     Procedure  
   48.     Evidence  
   49.     Recording of proceedings  
   50.     Informal request for evidence  
   51.     Access to documents etc.  
   52.     Coroner's findings  
   53.     Interim findings  
   54.     Requests for copies of reports of findings  
   55.     Adverse comment in findings or reports  
   56.     Notification of Registrar-General  
   57.     Report after inquest or inquiry  
   58.     Procedure where evidence of indictable offence  
   59.     Investigators  
   60.     Coroner not to be called as witness  
   61.     Coroner not required to view the subject matter of inquest or inquiry  
   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  

   PART VI--DEATHS IN CUSTODY: ADDITIONAL PROVISIONS

   69.     Consideration of deceased's family etc.  
   70.     Viewing of body etc.  
   71.     Post-mortem examinations by pathologists  
   72.     Obligation to appoint legal practitioner  
   73.     Records of deaths in custody  
   74.     Findings as to quality of care, treatment and supervision  
   75.     Copies of reports of findings  
   76.     Response to reports  

   PART VII--OFFENCES

   77.     Obligation to report death  
   78.     Obligations on custodial officers  
   79.     Failure of witnesses to attend or produce documents  
   80.     Refusal to be sworn or give evidence  
   81.     False evidence  
   82.     Improper dealings with documents  
   83.     Improper dealings with body or ashes of deceased  
   84.     Intimidation or dismissal of witnesses  
   85.     Preventing witnesses from attending  
   86.     Bribery of witnesses  
   87.     Fraud on witnesses  
   88.     Contempt  
   89.     Conduct of directors, servants and agents  

   PART VIII--POWERS OF SUPREME COURT

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

   PART IX--FEES AND EXPENSES

   94.     Determination  
   95.     Payment  
   96.     Remission, refund, deferral, waiver, exemption  
   97.     Review of decisions  
   98.     Witnesses' expenses  
   99.     Amounts payable to assistants  

   PART X--MISCELLANEOUS

   100.    Deaths in institutions—retention of deceased's records  
   101.    Forms  
   102.    Annual report  
   103.    Regulations  

   PART XI--SAVINGS AND TRANSITIONALS INTERPRETATION

   104.    In this Part—“commencement date” means the date on which section 3 of this Act commences; “former Act” means the Coroners Act 1956.  
   105.    Appointments and authorisations  
   106.    Inquests or inquiries part heard  
   107.    Determinations  
           SCHEDULE 1
           SCHEDULE 2