South Australian Current Acts South Australian Current Acts27—Appeals from findings made on inquests
(1) The
Attorney-General or a person who has a sufficient interest in a finding made
on an inquest may, subject to this section and in accordance with the rules of
the appellate court, appeal to the Supreme Court against the finding.
(2) The appeal lies to
the Supreme Court constituted of a single Judge (but the Judge may, if the
Judge thinks fit, refer the appeal for hearing and determination by the Court
of Appeal).
(3) An application
under subsection (1) must be made within one month after the findings on
the inquest are given by the Coroner's Court.
(4) However, the
Supreme Court may, in its discretion, extend the time fixed for making an
application, even if the time for making the application has ended.
(5) On an appeal, the
appellate court may, if the interests of justice so require, re-hear witnesses
or receive fresh evidence.
(6) On the hearing of
the appeal, the appellate court may exercise any one or more of the following
powers:
(a) it
may confirm or set aside the finding subject to the appeal;
(b) it
may substitute a finding that appears justified by the evidence;
(c) it
may order that the inquest be re-opened, or that a fresh inquest be held;
(d) it
may make any other order (including an order for costs) that may be necessary
or desirable in the circumstances.
(7) For the purposes
of this section, a person has a sufficient interest in a finding made on an
inquest if—
(a) the
finding affects or may affect that person's pecuniary interests; or
(b) the
finding reflects adversely on that person's competence in his or her trade,
profession or occupation; or
(c) the
person has, in the opinion of the Supreme Court, some other interest
sufficient to ground an application under this section.