Australian Capital Territory Numbered Acts

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CORONERS ACT 1997 (NO. 57 OF 1997) - SECT 64

Request for hearing or for reconsideration of certain decisions

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

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

        (a)     on application by a person requesting that a Coroner who made a decision to dispense with or to conclude a hearing, reconsider his or her 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, he or she shall, if satisfied that the applicant has sufficient interest in the inquest or inquiry into a fire, reconsider his or her decision.

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

        (a)     be in writing; and

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

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

(6) The Chief Coroner shall, within 14 days after receipt of the Coroner's response under subsection (5)—

        (a)     notify the applicant of any comments of the appropriate Coroner in response to the request; and

        (b)     give the applicant notice in writing containing—

              (i)     a statement that the Coroner, in relation to whose decision the request was made, does or does not intend to conduct a hearing or to alter his or her original finding; and

              (ii)     if the Coroner does not intend to conduct a hearing or to alter his or her original finding—an explanation why.

(7) If—

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

        (b)     the Coroner in respect of whose finding the request was made is unavailable (for whatever reason) to reconsider his or her finding;

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

(8) An explanation under subparagraph (6) (b) (ii) shall 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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