CORONERS REGULATIONS 1994

NORTHERN TERRITORY OF AUSTRALIA CORONERS REGULATIONS 1994 As in force at 28 November 2022 Table of provisions 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 3 Reference to forms .......................................................................... 1 4 Reporting of death ........................................................................... 1 5 Information to the coroner ............................................................... 1 6 Matters in relation to conduct of autopsy ......................................... 2 7 Duties of medical practitioner .......................................................... 2 8 Persons who may attend autopsy.................................................... 3 9 Persons to attend inquest into death in custody .............................. 3 10 Reporting disasters .......................................................................... 3 11 Person to assist coroner .................................................................. 3 12 Order to exclude persons from inquest ............................................ 4 13 Access to coroner's record and file .................................................. 4 14 Failure to comply ............................................................................. 4 15 Table of forms.................................................................................. 5 16 General penalty ............................................................................... 5 Schedule 1 Table of Forms Schedule 2 ENDNOTES -- 1 of 23 -- -- 2 of 23 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 28 November 2022 ____________________ CORONERS REGULATIONS 1994 Regulations under the Coroners Act 1993 1 Citation These Regulations may be cited as the Coroners Regulations 1994. 2 Commencement These Regulations shall come into operation on the commencement of the Coroners Act 1993. 3 Reference to forms In these Regulations, a reference to a form by number is a reference to the form so numbered in Schedule 2. 4 Reporting of death (1) A person may report a death to a coroner or a member of the Police Force by telephone or by facsimile. (2) Where a person reports a death, he or she shall, not later than 24 hours after reporting the death, furnish information to the person he or she reported the death to in accordance with Form 1. 5 Information to the coroner For the purposes of section 13 of the Act: (a) a person who reports a death shall give to the coroner investigating the death any information that may help the investigation; and (b) a member of the Police Force who has information relevant to an investigation into a death shall report it to the coroner investigating the death, not later that 28 days after the death was reported. -- 3 of 23 -- Coroners Regulations 1994 2 6 Matters in relation to conduct of autopsy (1) In considering which medical practitioner to direct to perform an autopsy, a coroner shall have regard to the following matters: (a) an autopsy should be performed as soon as practicable after a death; (b) a medical practitioner who performs an autopsy must conduct the autopsy on premises that are adequately equipped for the purposes of conducting an autopsy; (c) a medical practitioner who performs an autopsy must have access to a laboratory with facilities for conducting pathological tests. (2) The medical practitioner who is directed to perform the autopsy shall: (a) wherever possible, be a qualified forensic pathologist; or (b) where a person referred to in paragraph (a) is not available, be a qualified pathologist who is, in the opinion of the coroner, suitably experienced to perform an autopsy. 7 Duties of medical practitioner (1) A medical practitioner who is directed to perform an autopsy by a coroner shall perform the autopsy as soon as practicable after being so directed. (2) A medical practitioner who performs an autopsy shall, as far as is practicable, make arrangements for the preservation, for such period as the coroner considers necessary, of material he or she deals with in the course of the conduct of the autopsy which is, in his or her opinion, relevant to the cause of the death of the deceased person. (3) On completion of an autopsy, the medical practitioner who conducted the autopsy shall, as soon as practicable, notify the coroner in writing: (a) of his or her preliminary findings as to the cause of the death; (b) that the cause of the death is undetermined; or (c) that the cause of the death is still under investigation, whichever is the case. -- 4 of 23 -- Coroners Regulations 1994 3 (4) The medical practitioner who performs an autopsy shall, not later than 28 days after completing the autopsy, provide the coroner with a written report of his or her findings in respect of the autopsy but he or she shall not, unless authorised by the coroner, provide a copy of the report to any other person. 8 Persons who may attend autopsy (1) Where a coroner directs that an autopsy shall be performed on a body, he or she may, on being requested to do so, permit a person who demonstrates to the coroner a sufficient interest in the conduct of an autopsy to attend the autopsy. (2) Where a person referred to in subregulation (1) attends an autopsy, that person shall behave in such a manner so as not to interfere in any way in the performance of the autopsy. 9 Persons to attend inquest into death in custody Where a coroner holds an inquest into the death of a person held in custody, the inquest shall not be commenced in the absence of the senior next of kin of the deceased person, or other representative of the family of the deceased person nominated by the senior next of kin, unless the coroner is satisfied that the senior next of kin or the nominated representative does not wish to attend the inquest, that wish being advised to the coroner by the senior next of kin or the nominated representative, as the case may be, or by his or her legal practitioner, appearing before the coroner. 10 Reporting disasters (1) A member of the Police Force who has information relevant to an investigation into a disaster shall report it to the coroner investigating the disaster not later than 28 days after the disaster occurred. (2) Where a disaster occurs that is a fire, a police officer who has information relevant to an investigation into the fire shall make a report about the fire to a coroner in accordance with Form 2. 11 Person to assist coroner The person appointed to assist the coroner for the purposes of section 41(2) of the Act shall: (a) be a legal practitioner; and (b) if practicable, be experienced in coronial matters. -- 5 of 23 -- Coroners Regulations 1994 4 12 Order to exclude persons from inquest Where a coroner makes an order pursuant to section 42 of the Act that all or any persons shall go and remain outside and beyond the hearing of an inquest, the coroner shall, if requested to do so by a person who is affected by the order, give to the person as soon as practicable after receiving the request his or her written reasons for making the order. 13 Access to coroner's record and file (1) During the conduct of an investigation or inquest by the coroner under the Act, the coroner may direct that a person or class of persons may inspect or copy the record and file of the investigation or inquest, and only that person or such persons may do so. (2) Where a coroner orders pursuant to section 43 of the Act that a report of an inquest, of part of the proceedings or of evidence given at an inquest shall not be published, the coroner shall also order that the record and file of the inquest shall not be open to inspection by, or otherwise available to, any person other than a party to the proceedings or a member of the family of a person whose death was a subject of the inquest. (3) At the completion of an investigation, the coroner may order that the record and file of the investigation is not to be open to inspection by, or otherwise available to, any person other than a party to the proceedings or a member of the family of a deceased person whose death was investigated. 14 Failure to comply (1) A failure to comply with the Regulations does not render a document, a step taken or a proceeding commenced for the purposes of the Act or these Regulations a nullity. (2) A coroner may dispense with compliance with a requirement of these Regulations whether before or after the occasion for compliance arises. (3) Where there has been a failure to comply with these Regulations in relation to a document, a step taken or a proceeding commenced for the purposes of the Act or these Regulations, a coroner may, in such manner and upon such terms as he or she thinks fit: (a) dispense with compliance with the requirement; (b) make an appropriate amendment; or (c) make an appropriate order. -- 6 of 23 -- Coroners Regulations 1994 5 15 Table of forms Forms 3 to 12 inclusive are to be used for the purposes of the Act by reference to and in accordance with the Table in Schedule 1. 16 General penalty A person who contravenes or fails to comply with a provision of these Regulations commits an offence against these Regulations. Maximum penalty: 17 penalty units. -- 7 of 23 -- Schedule 1 Table of Forms Coroners Regulations 1994 6 Schedule 1 Table of Forms regulation 15 Section of Act Description of Form Number of Form 11 Record in relation to an investigation 3 17 Certificate permitting the disposal of a body 4 19(2) Written authorisation of a member f the Police Force to enter a specified place, &c. 5 19(4) Undertaking to comply with conditions of release 6 20 Direction to medical practitioner to perform an autopsy 7 24(1) Order to exhume body 8 32(1) Notice of restriction of access to the place where a disaster has occurred 9 33(2) Written authorisation of a member of the Police Force to enter a specified place, &c. 5 33(4) Undertaking to comply with conditions of release 6 41(1) Summons to attend as a witness or to produce a document or materials 10 41(4) Warrant to arrest a person who does not appear 11 42 Exclusion Order 12 -- 8 of 23 -- Schedule 2 Coroners Regulations 1994 7 Schedule 2 FORM 1 regulation 4 NORTHERN TERRITORY OF AUSTRALIA section 12 Coroners Act 1993 INITIAL NOTIFICATION OF DEATH FOR CORONER Details of Deceased Name: Address: Sex: M/F* Age: D.O.B: Occupation: D.O.D: Apparent cause of death (Tick where applicable): Suicide Poisons/Drugs Road/MVA Other Natural Causes Gas Poisoning Industrial Accident Violence Electrocution Mining Accident Did Doctor attend? Yes/No* Can Doctor certify cause of death? Yes/No* Did deceased suffer previous injury or illness? Yes/No* If yes – particulars: Circumstances of death: Any suspicious circumstances? Yes/No* Any person to be charged in relation to death? Yes/No* If yes – particulars: Person who reported death Name: Address: Where body found: The body is at: -- 9 of 23 -- Schedule 2 Coroners Regulations 1994 8 Member Reporting (print) Reg No. Rank Station Date Divisional Officer Signature Reporting member shall: 1. Notify death in first instance to Coroner's Constable and Divisional Officer by telephone/telex/radio etc. 2. Complete form in triplicate before completion of tour of duty: Side A – Death, Side B – Fires. 3. Ensure original and duplicate forms are delivered to Coroner: (a) within Darwin/Alice Springs by 0900 hours the day immediately following death or fire. (b) in country areas forward original immediately to coroner at centre nearest to where death or fire occurred. 4. Forward triplicate copy immediately to Divisional Officer. 5. Ensure deceased identified as soon as possible. 6. Remember that this is only an initial report. Complete a full report and comply with other relevant provisions contained in General Order "Coroners and Inquests" – Code C9. * Delete if not applicable. -- 10 of 23 -- Schedule 2 Coroners Regulations 1994 9 FORM 2 regulation 10(2) NORTHERN TERRITORY OF AUSTRALIA section 31 Coroners Act 1993 INITIAL NOTIFICATION OF FIRE FOR CORONER Location of Fire: Date: Time: Type of Fire: Fire Brigade Notified by: Time Brigade Attended: Fire Officers Reported By: Suspected Cause: How Extinguished: Description of Property Destroyed or Damaged: Insured: Yes/No Name of Insurance Company: Value of Property: If person Injured/Deceased* Name: D.O.B: Address: Nature of Injury: *Note – If deceased complete Side "A" as well Give Brief Summary of Circumstances: Member Reporting (print) Reg No. Rank Station Date Divisional Officer Signature Reporting member shall: 1. Notify Coroner's Constable and Divisional Officer of fire in first instance by telephone/telex/radio etc. 2. Complete form in triplicate before completion of tour of duty: Side A – Death, Side B – Fires. -- 11 of 23 -- Schedule 2 Coroners Regulations 1994 10 3. Ensure original and duplicate forms are delivered to Coroner: (a) within Darwin/Alice Springs by 0900 hours the day immediately following death or fire. (b) in country areas forward original immediately to coroner at centre nearest to where death or fire occurred. 4. Forward triplicate copy immediately to Divisional Officer. 5. Ensure deceased identified as soon as possible. 6. Remember that this is only an initial report. Complete a full report and comply with other relevant provisions contained in General Order "Coroners and Inquests" – Code C9. * Delete if not applicable -- 12 of 23 -- Schedule 2 Coroners Regulations 1994 11 FORM 3 regulation 15 NORTHERN TERRITORY OF AUSTRALIA section 11 Coroners Act 1993 RECORD OF INVESTIGATION INTO DEATH OR DISASTER I, , Coroner, having investigated: 1. *The death of *A disaster which occurred at 2. *Without holding an inquest. *With an inquest held at on 19 . 3. *Find that: *The identity of the deceased was and that death occurred in / / at from (state cause of death) in the following circumstances: *The cause and origin of the disaster was and the circumstances in which the fire occurred were: 4. And I further find that contributed to: *the cause of death/the disaster. 5. Comments: Coroner * Delete if not applicable -- 13 of 23 -- Schedule 2 Coroners Regulations 1994 12 FORM 4 regulation 15 NORTHERN TERRITORY OF AUSTRALIA section 17 Coroners Act 1993 CORONER'S CERTIFICATE Case No: Rel No: IJIS ID: Full name of deceased: Usual residence of deceased person: I, the undersigned, hereby certify that the death of was duly reported to a coroner on . In the medical report of it was stated that the cause of death was: I have authorised the disposal of human remains, and I am satisfied that no circumstance exists that can render necessary any further examination of the remains, any analysis of any body part or the making of any toxicological examination. There is no reason why the remains should not be buried, cremated, disposed of or taken out of the Territory for disposal. Dated 19 . Coroner -- 14 of 23 -- Schedule 2 Coroners Regulations 1994 13 FORM 5 regulation 15 NORTHERN TERRITORY OF AUSTRALIA sections 19(2) and 33(2) Coroners Act 1993 CORONER'S AUTHORITY TO A MEMBER OF THE POLICE FORCE Case No. I, , coroner, reasonably believing it necessary for investigating: *the death of *a disaster AUTHORISE , a member of the Police Force: *to enter (specify place) *to inspect (specify place) and anything in it. *to take a copy of (specify documents or classes of documents) *to take possession of (specify things or classes of things) at or between the hours of and during the period commencing the day of 19 and concluding on the day of 19 (such period not to exceed one month after the date of this authority). Dated at the day of 19 . Coroner * Delete those not applicable -- 15 of 23 -- Schedule 2 Coroners Regulations 1994 14 FORM 6 regulation 15 NORTHERN TERRITORY OF AUSTRALIA sections 19(4) and 33(4) Coroners Act 1993 UNDERTAKING TO COMPLY WITH CONDITIONS OF RELEASE Description of things Kept pursuant to section 19 or 33 I, , coroner, having taken possession of the things specified above pursuant to section 19 or 33 of the Coroners Act 1993, for the purpose of an investigation into *A disaster which occurred at *The death of Authorise the release of To Of On conditions that I, , enter this undertaking and acknowledge receipt of a copy thereof setting out my obligations concerning the conditions of release of the things specified in this undertaking and I acknowledge that if I fail to comply with these conditions that I am liable to a penalty. Signature of person entering undertaking I satisfied myself before releasing the things specified in this undertaking that understood the nature and extent of his/her obligations under the conditions of this undertaking and the consequences of his/her failure to comply with them. Undertaking entered on / / at in the Northern Territory before me. Coroner * Delete if not applicable -- 16 of 23 -- Schedule 2 Coroners Regulations 1994 15 FORM 7 regulation 15 NORTHERN TERRITORY OF AUSTRALIA section 20 Coroners Act 1993 DIRECTION TO PERFORM AUTOPSY Case No: Rel No: IJIS ID: I, , a coroner for the Northern Territory, hereby order you, , a medical practitioner, to perform an autopsy upon the body of which is now lying at the Mortuary, in . Dated 19 at in the Northern Territory. Coroner -- 17 of 23 -- Schedule 2 Coroners Regulations 1994 16 FORM 8 regulation 15 NORTHERN TERRITORY OF AUSTRALIA section 24(1) Coroners Act 1993 ORDER TO TAKE AND REMOVE HUMAN REMAINS FOR AUTOPSY To a member of the Police Force of the Northern Territory of Australia and to all others whom it may concern. Whereas under the Coroners Act 1993 I, a coroner (or deputy coroner) for the Territory am required to hold an inquest into the death of whose remains are at present lying at And whereas I have directed that an autopsy of the remains be made. I therefore, charge and command you that you forthwith with such assistance as may be necessary take and remove the remains of to so that an autopsy can there be made upon the remains according to law and for so doing this is your warrant. Given under my hand this day of 19 . Coroner (or Deputy Coroner) -- 18 of 23 -- Schedule 2 Coroners Regulations 1994 17 FORM 9 regulation 15 NORTHERN TERRITORY OF AUSTRALIA section 32(1) Coroners Act 1993 NOTICE RESTRICTING ACCESS TO DISASTER AREA "RESTRICTED AREA NO ENTRY WITHOUT CORONER'S AUTHORITY MAXIMUM PENALTY: 40 PENALTY UNITS OR IMPRISONMENT FOR 6 MONTHS -- 19 of 23 -- Schedule 2 Coroners Regulations 1994 18 FORM 10 regulation 15 NORTHERN TERRITORY OF AUSTRALIA section 41(1) Coroners Act 1993 SUMMONS TO ATTEND AS A WITNESS OR TO PRODUCE MATERIALS To of : You are required to appear before me, the undersigned, a coroner (or deputy coroner) for the Northern Territory of Australia, at in the Territory on the day of at o'clock in the , then and there to testify what you know concerning the death of (or a certain disaster that occurred on or about the day of 19 , at in the Territory) and also to bring the following books, documents and other things, or such of them as are in your possession or control: Dated at this day of 19 . Coroner (or Deputy Coroner) -- 20 of 23 -- Schedule 2 Coroners Regulations 1994 19 FORM 11 regulation 15 NORTHERN TERRITORY OF AUSTRALIA section 41(4) Coroners Act 1993 WARRANT FOR THE ARREST OF A PERSON WHO DOES NOT APPEAR To the members of the Police Force of the Northern Territory of Australia: Whereas of in that Territory, having been duly summoned to appear before me and my inquest at on the day of 19 , at in the Territory, to give evidence (or produce materials) concerning the death of (or a certain disaster that occurred on or about the day of 19 , at in the Territory) has failed to appear at the said time and place and give evidence (or produce materials): These are therefore to command you forthwith to apprehend the abovenamed and bring him before me to be dealt with according to law. Given under my hand this day of 19 . Coroner (or Deputy Coroner) -- 21 of 23 -- Schedule 2 Coroners Regulations 1994 20 FORM 12 regulation 15 NORTHERN TERRITORY OF AUSTRALIA section 42 Coroners Act 1993 ORDER EXCLUDING PEOPLE FROM AN INQUEST Ref. No. This inquest is being held into The death of Which happened on Day Month Year The disaster at Postcode Which happened on Day Month Year Information about the order Who does it apply to? The Coroner has ordered that the following people: must not enter the room where the inquest is being held. How long does it apply? This order applies: From Time Day Month Year To Time Day Month Year For the whole of the inquest. What if I have been summoned? You must wait outside the room until you are called in to give evidence or deliver documents or other materials. Information about the making of the order Made by State Coroner coroner Where When Time Day Month Year Signature -- 22 of 23 -- ENDNOTES Coroners Regulations 1994 21 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Coroners Regulations (SL No. 5, 1994) Notified 31 March 1994 Commenced 3 April 1994 (r 2, s 2 Coroners Act 1993 (Act No. 30, 1993) and Gaz S24, 31 March 1994) Legal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007) Assent date 17 May 2007 Commenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3); rem: 17 May 2007 Justice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010) Assent date 20 May 2010 Commenced 1 July 2010 (Gaz G24, 16 June 2010, p 2) Burial and Cremation Act 2022 (Act No. 16, 2022) Assent date 9 August 2022 Commenced 28 November 2022 (Gaz S60, 23 November 2022) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: r 1 and sch 2 4 LIST OF AMENDMENTS r 9 amd Act No. 7, 2007, s 16 r 16 amd Act No. 12, 2010, s 3 Sch 2 amd Act No. 12, 2010, s 3; Act No. 16, 2022, s 222 -- 23 of 23 --