South Australian Current Acts

CORONERS ACT 2003 - SECT 29

29—Finding to be made as to cause of notified reportable death

        (1)         Subject to subsection (2), if the State Coroner is notified under this Act of a reportable death, a finding as to the cause of the death must be made—

            (a)         if an inquest is held into the death—by the Coroner's Court;

            (b)         in any other case—by the State Coroner.

        (2)         However, if—

            (a)         an inquest is not required to be held in relation to the reportable death; and

            (b)         the State Coroner, after obtaining relevant medical information or advice, has reasonable grounds to believe that the death was due to natural causes; and

            (c)         a senior next of kin for the deceased person indicates their consent (in writing and in accordance with any requirements of the State Coroner or prescribed by the regulations) to no further investigation, inquiry or inquest being conducted for the purpose of determining the precise cause of death,

the State Coroner may make a finding that the death was due to undetermined natural causes.

        (3)         In this section—

"adult" means a person of or over the age of 18;

"domestic partner" means a person who is a domestic partner within the meaning of the Family Relationships Act 1975 , whether declared as such under that Act or not;

"parent" of a child includes a guardian of the child;

"senior next of kin" for a deceased person means—

            (a)         the spouse or domestic partner of the person (and if the person had more than 1 spouse or domestic partner, the person's most recent spouse or domestic partner);

            (b)         if the person did not have a spouse or domestic partner or if they are not available—any adult child of the person;

            (c)         if the person did not have a spouse, domestic partner or adult child or if they are not available—a parent of the person;

            (d)         if the person did not have a spouse, domestic partner, adult child or living parent or if they are not available—any adult brother or sister of the person;

            (e)         if the person did not have a spouse, domestic partner, adult child, living parent or adult brother or sister or if they are not available—

                  (i)         any person who is named as an executor in the person's will; or

                  (ii)         any person who was the person's legal personal representative immediately before the person's death;

"spouse"—a person is the spouse of another if they are legally married.