South Australian Numbered Acts

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CORONERS ACT 2003 (NO 33 OF 2003) - SECT 3

3—Interpretation

In this Act, unless the contrary intention appears—

"anaesthetic" means a local or general anaesthetic, and includes the administration of a sedative or analgesic;

"body" of a dead person means the whole, or any part, of the body (whatever its physical state may be);

"coroner" means—

            (a)         the State Coroner; or

            (b)         a Deputy State Coroner; or

            (c)         any other coroner appointed under Part 2;

"Coroner's Court" or "Court" means the Coroner's Court of South Australia;

"death in custody" means the death of a person where there is reason to believe that the death occurred, or the cause of death, or a possible cause of death, arose, or may have arisen, while the person—

            (a)         was being detained in any place within the State under any Act or law, including any Act or law providing for home detention (and, for the purposes of this paragraph, a detainee who is absent from the place of his or her detention but is in the custody of an escort will be regarded as being in detention, but not otherwise); or

            (b)         was in the process of being apprehended or was being held—

                  (i)         at any place (whether within or outside the State)—by a person authorised to do so under any Act or law of the State; or

                  (ii)         at any place within the State—by a person authorised to do so under the law of any other jurisdiction; or

            (c)         was evading apprehension by a person referred to in paragraph (b); or

            (d)         was escaping or attempting to escape from any place or person referred to in paragraph (a) or (b);

"Deputy State Coroner"—see section 5;

"investigator" means—

            (a)         a police officer; or

            (b)         a person appointed under this Act to be an investigator;

"legal practitioner" has the same meaning as in the Legal Practitioners Act 1981 ;

"medical practitioner" means a person registered as a medical practitioner under the Medical Practitioners Act 1983 ;

"premises" means any land, building, structure, vehicle, vessel or aircraft;

"reportable death" means the State death of a person—

            (a)         by unexpected, unnatural, unusual, violent or unknown cause; or

            (b)         on an aircraft during a flight, or on a vessel during a voyage; or

            (c)         in custody; or

            (d)         that occurs during or as a result, or within 24 hours, of—

                  (i)         the carrying out of a surgical procedure or an invasive medical or diagnostic procedure; or

                  (ii)         the administration of an anaesthetic for the purposes of carrying out such a procedure,

not being a procedure specified by the regulations to be a procedure to which this paragraph does not apply;

            (e)         that occurs at a place other than a hospital but within 24 hours of—

                  (i)         the person having been discharged from a hospital after being an inpatient of the hospital; or

                  (ii)         the person having sought emergency treatment at a hospital; or

            (f)         where the person was, at the time of death—

                  (i)         a protected person under the Aged and Infirm Persons' Property Act 1940 or the Guardianship and Administration Act 1993 ; or

                  (ii)         in the custody or under the guardianship of the Minister under the Children's Protection Act 1993 ; or

                  (iii)         a patient in an approved treatment centre under the Mental Health Act 1993 ; or

                  (iv)         a resident of a licensed supported residential facility under the Supported Residential Facilities Act 1992 ; or

                  (v)         accommodated in a hospital or other treatment facility for the purposes of being treated for drug addiction; or

            (g)         that occurs in the course or as a result, or within 24 hours, of the person receiving medical treatment to which consent has been given under Part 5 of the Guardianship and Administration Act 1993 ; or

            (h)         where no certificate as to the cause of death 1 has been given to the Registrar of Births, Deaths and Marriages; or

                  (i)         that occurs in circumstances prescribed by the regulations;

"State" includes—

            (a)         the sea that is within the adjacent area in respect of the State (as defined for the purposes of the Coastal Waters (State Powers) Act 1980 (Cth)); and

            (b)         the airspace above that sea;

"State Coroner" means the person holding or acting in the office of State Coroner under Part 2;

"State death" means the death of a person—

            (a)         that occurred in the State; or

            (b)         where the place of death is unknown but it is reasonably possible that the death occurred in the State; or

            (c)         where the body of the person is in the State; or

            (d)         a cause of which occurred, or possibly occurred, in the State; or

            (e)         where, at the time of death, the person was ordinarily a resident in the State; or

            (f)         in the case of a death on an aircraft or vessel—where the flight or voyage was to a place of disembarkation in the State.

Note—

1         See section 36(3) of the Births, Deaths and Marriages Registration Act 1996 .



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