South Australian Numbered Acts South Australian Numbered ActsAfter section 37 insert:
37A—Release of records to family when no inquest held
(1) Subject to this section, the State Coroner must, unless the State Coroner is satisfied that it is not in the interests of justice to do so, on application by the family of a person the subject of an event in relation to which the State Coroner determines an inquest is not to be held under this Act or an earlier enactment (whether the determination was made before or after the commencement of this section), provide to the applicant a copy of all records held by the State Coroner in respect of the event.
(2) An application may only be made under subsection (1)
in respect of an event in relation to which the State Coroner determines an inquest is not to be held—
(a) if the event is a reportable death—after the expiration of 20 years following the making of a finding as to the cause of death or a finding that the death was due to undetermined natural causes; or
(b) in any other case—after the expiration of 20 years following the determination that an inquest is not to be held in relation to the event.
(3) The ability of a person to make an application under this section does not derogate from the ability of the person to make an application under section 37.
(4) For the avoidance of doubt, records that may be provided under subsection (1)
include the following:
(a) material that was not taken or received in open court;
(b) a photograph, slide, film, video tape, audio tape or other form of recording from which a visual image or sound can be produced;
(c) material of a class that is prescribed by the regulations pursuant to section 37(2)(d).
(5) Material that has been suppressed from publication under this Act or any other Act (subject to that other Act) may only be provided under this section if the State Coroner is satisfied that it is in the interests of justice to do so.
(6) The State Coroner may provide a copy of records under this section subject to any condition the State Coroner considers appropriate, including a condition limiting the publication or use of the records.
(7) If a copy of a record to be released under this section identifies an individual, the State Coroner may redact or otherwise modify the copy of the record to the extent necessary to remove the identity of the individual from the copy if satisfied that the interests of justice require it in the circumstances of the particular case.
(8) The State Coroner may not charge a fee in relation to—
(a) an application for the provision of copies of records under this section; or
(b) the provision of copies of records under this section.
(9) In this section—
"Aboriginal or Torres Strait Islander person" means a person who—
(a) is a descendant of the indigenous inhabitants of Australia or the Torres Strait Islands; and
(b) regards themself as Aboriginal or Torres Strait Islander or, if they are a child, is regarded as Aboriginal or Torres Strait Islander by at least 1 of their parents;
"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;
"earlier enactment" means—
(a) the Coroners Act 1975
; or
(b) the Coroners Act 1935
; or
(c) any other Act or law of this State providing for the holding of an inquest into the death or disappearance of a person;
"family", in relation to a person, means—
(a) the person's senior next of kin; and
(b) in relation to an Aboriginal or Torres Strait Islander person, includes any person held to be related to the person according to Aboriginal kinship rules, or Torres Strait Islander kinship rules, as the case may require;
"parent" of a child includes a guardian of the child;
"senior next of kin" for a person the subject of an event in relation to which the State Coroner determines an inquest is not to be held 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 event in relation to which the State Coroner determines an inquest is not to be held;
"spouse"—a person is the spouse of another if they are legally married.
Schedule 1—Related amendment and transitional provision
Part 1—Amendment of Guardianship and Administration Act 1993
Section 76A—delete the section
Part 2—Transitional provision
The amendments to section 23 of the Coroners Act 2003
by section 8
and the insertion of section 23A of the Coroners Act 2003
by section 9
—
(a) do not apply in respect of inquests commenced before the commencement of sections 8
and 9
(and those inquests may continue as if those sections had not been enacted); and
(b) apply in respect of inquests commenced after the commencement of sections 8
and 9
(including inquests in respect of an event occurring before the commencement of those sections).