New South Wales Consolidated Acts

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CORONERS ACT 2009 - SECT 75

Powers of coroner in relation to reports or proceedings concerning self-inflicted deaths

75 Powers of coroner in relation to reports or proceedings concerning self-inflicted deaths

(cf Coroners Act 1980 , ss 44(2)-(4) and 45(1), (2) and (4))

(1) A coroner may make an order under this section (a
"non-publication order" ) if it appears to the coroner (whether by reason of information reported or received under Chapter 4 or during the course of coronial proceedings) that a death or suspected death is self-inflicted.
(2) A non-publication order may prohibit or restrict any or all of the following--
(a) the publication of any report (or any further report) of the proceedings (or any specified part of the proceedings) until after the coroner has made his or her findings or, in the case of an inquest held before a jury, the jury has brought in its verdict,
(b) the publication of any matter (including the publication of any photograph or other pictorial representation) that identifies any particular person--
(i) as being a person whose death or suspected death may have been self-inflicted, or
(ii) as being a relative of a person whose death or suspected death may have been self-inflicted.
(3) For the purposes of subsection (2)(b), the following persons are relatives of a person whose death or suspected death may have been self-inflicted--
(a) the spouse of that person, a parent of that person, a person who stands in loco parentis to that person, a guardian of that person or a child of that person,
(b) a person who, at the time of the death or suspected death, was living with that person as the person's spouse,
(c) a brother or sister of that person.
(4) To the extent to which a non-publication order prohibits the publication of any matter referred to in subsection (2)(b), the order continues to have effect after the coroner has made his or her findings, or after the jury (if any) has brought in its verdict, but only if the order expressly so provides.
(5) If a finding is made in an inquest to the effect that the death of a person was self-inflicted, a report of the proceedings (or any part of the proceedings) must not be published after the finding unless (and to the extent that) the coroner holding the inquest makes an order permitting the publication of the report.
(6) A coroner may make an order under subsection (5) only if the coroner is of the opinion that it is desirable in the public interest to permit a report of the proceedings (or part of the proceedings) of the inquest to be published.
(7) A person must not contravene (or cause the contravention of)--
(a) a non-publication order, or
(b) the provisions of subsection (5).
: Maximum penalty--10 penalty units or imprisonment for 6 months (in the case of an individual) or 50 penalty units (in any other case).



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