Australian Capital Territory Numbered Acts

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CORONERS ACT 1997 (NO. 57 OF 1997) - SECT 3

Interpretation

3. (1) In this Act, unless the contrary intention appears—“Aboriginal person” means a person who is descended from, identifies as, and is accepted by an Aboriginal community as, an Aboriginal person; “body” includes part of a body, and the remains of a body; “Chief Coroner” means the person who is Chief Coroner by virtue of the operation of section 6; “chief police officer” means the police officer who is responsible to the Commissioner of Police for the day-to-day administration of police; “Coroner” includes a Deputy Coroner appointed under section 8; “Court” means the Coroner's Court continued in existence under subsection 4 (1); “custodial officer” means—

        (a)     a member of the police force;

        (b)     the Administrator appointed under section 6 or an officer appointed under section 6AA of the Remand Centres Act 1976 ;

        (c)     an authorised officer or a supervisor within the meaning of the Supervision of Offenders (Community Service Orders) Act 1985 ;

        (d)     the Director of Mental Health appointed under section 112 or a Mental Health Officer appointed under section 119 of the Mental Health (Treatment and Care) Act 1994 ;

        (e)     the Director of Family Services or an officer appointed by the Director to be an officer for the purposes of the Children's Services Act 1986 ;

        (f)     the Sheriff, a Deputy Sheriff, or a person appointed to assist the Sheriff under the Supreme Court Act 1933 ;

        (g)     a carer within the meaning of the Intoxicated Persons (Care and Protection) Act 1994 ; or

        (h)     the manager of a detention centre or a custodial officer as provided for by section 37 of the Periodic Detention Act 1995 ;

“death” includes a suspected death;
“disaster” means an occurrence in the Territory due to natural or other causes that—

        (a)     caused or threatened to cause substantial—

              (i)     loss of life or property; or

              (ii)     injury or distress to persons or damage to property or the environment; or

        (b)     in any way substantially endangered the safety of the public in any part of the Territory;

“hearing” means a hearing under Division 1 of Part V;
“immediate family”, in relation to a deceased person the subject of an inquest, means—

        (a)     a person who was the spouse of the deceased, or a parent, grandparent, child, brother or sister, or guardian or ward, of the deceased; and

        (b)     if the deceased was an Aboriginal person or Torres Strait Islander—a person who, in accordance with the traditions and customs of the Aboriginal or Torres Strait Island community of which the deceased was a member, had the responsibility for, or an interest in, the welfare of the deceased;

“inquest” means an inquest concerning the death of a person;
“inquiry” means an inquiry concerning a disaster or fire;
“legal practitioner” means a legal practitioner (however described) of the High Court, of another federal court or of the Supreme Court of the Territory, a State or another Territory;
“medical practitioner” means a person—

        (a)     who is registered under the Medical Practitioners Act 1930 ; or

        (b)     who is deemed to be registered under that Act by virtue of section 25 of the Mutual Recognition Act 1992 of the Commonwealth;

“place” includes a vehicle, a vessel or an aircraft;
“Registrar” means the Registrar of the Coroner's Court appointed under section 11, and includes a Deputy Registrar;
“Registrar-General” means the Registrar-General of Births, Deaths and Marriages;
“spouse”, in relation to a deceased person, includes a person who, at the time of death of the deceased, was—

        (a)     in a de facto marriage relationship with the deceased; or

        (b)     in a relationship (whether or not with a person of the same or the opposite sex) in which 1 provided personal or financial commitment and support of a domestic nature for the material benefit of the other;

“Torres Strait Islander” means a person who is a descendant of an indigenous inhabitant of the Torres Strait Islands.

(2) A reference in this Act to a death in custody is to be read as a reference to the death of a person—

        (a)     in a prison, lock-up or remand centre; or

        (b)     while—

              (i)     performing work pursuant to a community service order under the Supervision of Offenders (Community Service Orders) Act 1985 ;

              (ii)     serving a detention period in accordance with the Periodic Detention Act 1995 ;

              (iii)     being taken into or detained in custody, or subject to an order, under the Mental Health (Treatment and Care) Act 1994 , or subject to a certificate under section 4 of the Mental Health Act 1962 ;

              (iv)     being taken into or detained in custody, restrained, or otherwise being provided with care under, or subject to an order of the kind referred to in paragraphs 47 (1) (h) to (m) (inclusive) or an arrangement under section 69C or 69M of, the Children's Services Act 1986 ;

              (v)     at a licensed place within the meaning of the Intoxicated Persons (Care and Protection) Act 1994 ;

              (vi)     in, or being taken into, or after being taken into, or while escaping or attempting to escape from, the custody of a custodial officer (other than a custodial officer referred to in paragraph (g) of the definition of “custodial officer” in subsection (1)); or

              (vii)     in, or being taken into, or after being taken into, the custody of a custodial officer referred to in paragraph (g) of the definition of “custodial officer” in subsection (1);

and includes death as a result of a fatal injury sustained in a place or in any of the circumstances referred to in paragraph (a) or (b).

Division 1—Establishment


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