Coroners Rules 2006

Coroners Rules 2006

Under section 15AE of the Magistrates Court Act 1987 , the Magistrates Rule Committee makes the following rules of court for the Magistrates Court (Coronial Division) established under the Coroners Act 1995 .

PART 1 - Preliminary

1.   Short title

These rules of court may be cited as the Coroners Rules 2006 .

2.   Commencement

These rules of court take effect on 5 July 2006.

3.   Interpretation

(1)  In these rules of court, unless the contrary intention appears –

Act means the Coroners Act 1995 ;

authorised person means a person authorised by a coroner for the purposes of section 59(3) of the Act;

Chief Magistrate means the person for the time being holding or acting in the office of Chief Magistrate referred to in section 5 of the Magistrates Court Act 1987 ;

confirm, in relation to a request made to a coroner, means give the coroner a notice that confirms the request and specifies the reasons for making the request;

court means the Magistrates Court (Coronial Division) established by section 5 of the Act;

deposition includes –

(a) a written proof of evidence prepared by a witness; and

(b) an examination of the witness in relation to that proof;

notice or "notification" means a notice or notification in writing;

oral evidence includes a deposition or affidavit read to the court;

writing includes writing in electronic form.

(2)  Expressions that are defined in the Act and used in these rules of court have, unless the contrary intention appears, the same meaning in these rules of court as they have in the Act.

(3)  In these rules of court, a reference to a form by number is a reference to the form so numbered in Schedule 1 .

PART 2 - Investigation of Death

4.   Report of death

(1)  For the purposes of section 19(1) or (4) of the Act, a report of a death may be made in person or by any available means of communication.

(2)  A person who reports a death as required by section 19(1) or (4) of the Act must, within 48 hours after making that report, provide a coroner or police officer with written confirmation of that report in the prescribed form.

Penalty:  Fine not exceeding 10 penalty units.

(3)  It is a defence in proceedings for an offence against subrule (2) if the defendant establishes that the report he or she made under section 19(1) or (4) of the Act was in writing and contained all, or a substantial part, of the information required to be included in the prescribed form.

(4)  In this rule of court –

prescribed form means a form determined by the Chief Magistrate.

5.   Request for inquest or autopsy

A request under section 27(1) or section 37(1) of the Act is to –

(a) be made as soon as practicable after the relevant death; and

(b) specify the reasons why it is being made; and

(c) be confirmed in writing within 24 hours after being made if it is not in writing.

6.   Objection to autopsy

A request under section 38(1) of the Act is to –

(a) be made before the relevant autopsy begins; and

(b) specify the reasons why it is being made; and

(c) be confirmed in writing within 24 hours after being made if it is not in writing.

7.   Direction to perform autopsy

A coroner's direction to perform an autopsy under section 36 of the Act is to –

(a) be in a form determined by the Chief Magistrate; and

(b) specify whether a full or limited autopsy is to be performed.

8.   Performing autopsy

If a coroner under section 36 of the Act directs the State Forensic Pathologist, an approved pathologist or a medical practitioner to perform an autopsy –

(a) the State Forensic Pathologist, approved pathologist or medical practitioner is to perform the autopsy as soon as practicable after receiving the direction; and

(b) as soon as practicable after completing the autopsy, the State Forensic Pathologist, approved pathologist or medical practitioner is to notify the coroner –

(i) of any preliminary findings as to the cause of death; or

(ii) that the cause of death is still under investigation; or

(iii) whether any of the deceased person's organs have been retained and, if so, the reason for their retention; and

(c) within 28 days of completing the autopsy or such longer period as the coroner may allow, the State Forensic Pathologist, approved pathologist or medical practitioner is to notify the coroner of the autopsy findings; and

(d) the State Forensic Pathologist, approved pathologist or medical practitioner is not to notify any other person of the autopsy findings without the prior approval of the coroner.

9.   Exhumation order

(1)  An order made under section 39(1) of the Act is to be in a form determined by the Chief Magistrate.

(2)  The Chief Magistrate is to provide a copy of the order to the Minister administering the Local Government Act 1993 .

10.   Request that body not be exhumed

A request under section 39(3) of the Act is to –

(a) be made before the relevant exhumation order is executed; and

(b) specify the reasons why it is being made; and

(c) be confirmed in writing within 24 hours after being made if it is not in writing.

11.   Record of investigation into death

A record kept under section 29(1) of the Act is to be in a form determined by the Chief Magistrate.

12.   Certificate authorising disposal of human remains

A certificate issued under section 32(1) of the Act is to be in a form determined by the Chief Magistrate.

13.   Notice restricting access to place where death occurred

A notice put up under section 34(2) of the Act is to be in accordance with Form 1.

PART 3 - Investigation into Fire or Explosion

14.   Request for investigation into fire or explosion

A request under section 42 of the Act that a coroner hold an investigation into a fire or explosion is to –

(a) specify the reasons why it is being made; and

(b) be confirmed in writing within 24 hours after being made if it is not in writing.

15.   Record of investigation into fire or explosion

A record kept under section 46(1) of the Act is to be in a form determined by the Chief Magistrate.

16.   Notice restricting access to place where fire or explosion occurred

A notice put up under section 49(2) of the Act is to be in accordance with Form 2.

PART 4 - Conduct of Inquest

17.   Summons to witness

(1)  A summons is to be in a form determined by the Chief Magistrate.

(2)  A summons may be served on a person –

(a) personally; or

(b) by being left at the person’s usual place of abode or business with someone who has apparently attained 18 years of age.

(3)  A person serving a summons is to –

(a) endorse a copy of the summons with the date and place of service; and

(b) sign the endorsement.

(4)  In any proceedings for a failure to comply with a summons, a copy of the summons endorsed in accordance with subrule (3) is evidence –

(a) that the endorsement was signed by the person whose signature it purports to be; and

(b) that any statement contained in the endorsement is true.

(5)  In this rule of court –

summons means a summons under section 53(1) of the Act.

18.   Warrant of apprehension

A warrant of apprehension under section 53(5) of the Act is to be in a form determined by the Chief Magistrate.

19.   Forms of evidence that may be accepted in inquest

A coroner may accept evidence given or produced at or for the purposes of an inquest in any of the following forms:

(a) oral evidence given under oath at the inquest;

(b) evidence tendered by deposition or affidavit;

(c) documentary or other evidence tendered as an exhibit.

20.   Evidence by deposition or affidavit

(1)  A witness may give evidence in an inquest by tendering a deposition.

(2)  If a deposition is tendered as evidence in an inquest, the coroner may –

(a) direct the witness, the coroner’s associate or any other person to read the deposition; or

(b) read the deposition; or

(c) accept the deposition as read.

(3)  If an affidavit is tendered as evidence in an inquest, the coroner may –

(a) if the deponent is summonsed as a witness, direct the deponent to read the affidavit; or

(b) if the deponent is not summonsed as a witness, direct the coroner’s associate or any other person to read the affidavit; or

(c) read the affidavit; or

(d) accept the affidavit as read.

21.   Oral evidence given in inquests to be recorded

A coroner holding an inquest must cause all of the oral evidence given in the inquest to be recorded.

PART 5 - Miscellaneous

22.   Case management conferences

(1)  A coroner may request some or all of the persons who have a sufficient interest in an investigation (and their representatives, if any) to attend a conference for the purpose of facilitating the conduct of the investigation or, if applicable, the rest of the investigation.

(2)  The request may be made orally or by means of a served notice (in a form determined by the coroner) but must in either case be accompanied by advice as to the time and place of the conference.

(3)  The coroner who makes the request need not be the coroner who is conducting the investigation.

(4)  The conference may be chaired by –

(a) the coroner who makes the request; or

(b) another coroner; or

(c) a coroner's associate or other person who has been specifically authorised by the Chief Magistrate to conduct the conference; or

(d) a coroner's associate or other person who has been generally authorised by the Chief Magistrate to conduct such conferences.

(5)  The chair of the conference may direct a person attending the conference to do any one or more of the following:

(a) identify any issues that the person expects to arise in the investigation;

(b) identify anybody who the person considers might be a potential witness in the investigation and indicate the probable nature of their evidence;

(c) produce any document or thing that the person considers might be relevant to the investigation;

(d) confer with any other person about the investigation;

(e) find out information or procure documents that might be relevant to the investigation;

(f) take any other reasonable action that it is within the person's power to take for the purpose of facilitating the investigation.

(6)  The chair of the conference may also do any one or more of the following:

(a) appoint the time and place for an inquest, if any;

(b) allow any person to participate in the conference or any part of it by means of a telephonic or audio-visual link;

(c) invite or allow disinterested persons to attend and participate in the conference if the chair reasonably considers that they may be able to contribute something of value, such as expert or special knowledge, to the conference proceedings;

(d) if the chair reasonably considers that the conference or any part of it should be held in private, direct any person to leave, or not to enter, the conference venue;

(e) adjourn the conference from time to time or from place to place;

(f) such other thing as the chair considers necessary or expedient having regard to the purpose of the conference.

(7)  Except as otherwise provided by this rule of court, the chair of the conference may regulate his or her own proceedings.

(8)  The chair of the conference, if he or she is not the coroner conducting the investigation, is to provide a written report about the conference and its outcome to –

(a) that coroner; and

(b) on request, the Chief Magistrate.

(9)  The Chief Magistrate may authorise the public release of the report.

23.   Delegated power of entry, inspection and possession

An authority under section 59(3) of the Act is to be in a form determined by the Chief Magistrate.

24.   Order for care and control of articles in legal custody of coroner

(1)  An application for an order under section 60(2) of the Act is to –

(a) be in writing; and

(b) specify the reasons why the order is sought.

(2)  An order made under section 60(2) of the Act is to be in a form determined by the Chief Magistrate.

(3)  A person who receives an article, substance or thing consequent on an order under section 60(2) of the Act must comply with the conditions, if any, specified in the order.

Penalty:  Fine not exceeding 10 penalty units.

25.   Coroner's findings to be given to senior next of kin

At the conclusion of an investigation into a death, the coroner is to cause a copy of the coroner’s findings to be provided to the deceased person's senior next of kin.

26.   Access to coronial records

(1)  A coronial authority may, in accordance with this rule of court, do any (or any combination) of the following on such conditions as the coronial authority thinks fit:

(a) give a person access to a coronial record;

(b) provide a person with a copy of a coronial record;

(c) deny a person access to a coronial record;

(d) restrict a person's access to a coronial record;

(e) prohibit a person from being provided with a copy of a coronial record.

(2)  A coronial authority's power under subrule (1) may be exercised –

(a) at any time during or after the investigation to which the coronial record relates; and

(b) on the coronial authority's own motion or on the application of a person claiming an interest in that investigation.

(3)  A person is not entitled to be provided with a copy of a coronial record on application unless –

(a) that person pays the relevant fee prescribed in the Coroners (Fees, Expenses and Allowances) Regulations 2006 ; or

(b) the coronial authority waives the requirement to pay that fee.

(4)  In deciding whether to give a person access to or a copy of a coronial record on application, a coronial authority may consider –

(a) whether the person has a sufficient personal or professional interest in the investigation to which the record relates; and

(b) whether giving the person the access or the copy is likely to unfairly prejudice the interests or reputation of another person; and

(c) such other matters as the coronial authority thinks fit.

(5)  If there is an inconsistency between a decision of the Chief Magistrate and a presiding coroner on any matter under this rule of court, the decision of the Chief Magistrate prevails to the extent of the inconsistency.

(5A)  [Rule 26 Subrule (5A) inserted by No. 32 of 2010, s. 15, Applied:04 Nov 2010] A coronial authority may not under this rule of court –

(a) give a person access to that part of a coronial record; or

(b) provide a person with a copy of that part of a coronial record –

that contains information provided by the Council, within the meaning of the Obstetric and Paediatric Mortality and Morbidity Act 1994 , under section 6A of that Act if the information has been declared by that Council under section 15A of that Act to be confidential information.

(6)  In this rule of court –

coronial authority means the Chief Magistrate or presiding coroner;

coronial record means any record held by the court in relation to an investigation and, without limiting the generality of this, includes –

(a) a document on the court's file; and

(b) if applicable, a transcript of oral evidence; and

(c) if applicable, a recording made pursuant to rule 21 ;

presiding coroner, for a coronial record, means the coroner that conducted, or is conducting, the investigation that the record relates to;

record includes a part of a record.

27.   Retention of sound recordings

(1)  Unless the coroner directs otherwise, a sound recording of any oral evidence given at an inquest is to be kept for –

(a) one year after the inquest if the evidence has been transcribed; or

(b) 6 years after the inquest if the evidence has not been transcribed.

(2)  In this rule of court –

sound recording means a recording under rule 21 that has been made by means of sound-recording apparatus.

28.   Failure to comply with rules

(1)  Unless a coroner directs otherwise, a failure to comply with any of these rules of court does not render void any proceedings under the Act.

(2)  The Chief Magistrate may determine the procedure to apply in the circumstances referred to in subrule (1) .

SCHEDULE 1 - Forms

Rule 3(3)

These rules of court were made by the Magistrates Rule Committee at a meeting held on 19 June 2006.

A. G. SHOTT

Chief Magistrate

M. R. HILL

Deputy Chief Magistrate

S. F. MOLLARD

Member

R. C. WILLEE

Member

P. F. DIXON

Member

T. J. HILL

Member

P. H. WILSON

Member

Z. SZRAMKA

Member

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 28 June 2006

These rules of court are administered in the Department of Justice.