65Records of
evidence
(cf Coroners Act
1980, s 34)
(1)
The coroner in coronial proceedings is to ensure
that the evidence of every witness in the proceedings is
recorded.
(2)
Subject to this section, a coroner or assistant
coroner is to supply a person with a copy of a coroner’s file (or a part
of that file) at the request of the person if:
(a)
the coroner or assistant coroner is satisfied
that it is appropriate for the person to be granted access to the file (or a
part of the file), and
(b)
the person pays the fee that is payable in the
Local Court for the provision of a copy of a document (other than a copy of a
judgment or order or the reasons for a judgment or order) or such other fee as
may be prescribed by (or calculated in accordance with) the
regulations.
(3)
In determining whether it is appropriate to grant
a person access to a coroner’s file (or a part of the file), the coroner
or assistant coroner making the determination is to have regard to the
following matters:
(a)
the principle that coronial proceedings should
generally be open to the public,
(b)
if the coroner’s file relates to a deceased
person—the impact on the relatives of the deceased person of allowing
access,
(c)
the connection that the person requesting access
has to the proceedings concerned,
(d)
the reasons why access is being
sought,
(e)
any other matter that the coroner or assistant
coroner considers relevant.
(4)
A coroner who conducts coronial proceedings may,
by notation on the coroner’s file on the matter, direct that a copy of
the whole or a particular part of the file is not to be supplied under this
section.
(5)
A direction by a coroner under subsection (4)
must include a statement of the coroner’s reasons for the
direction.
(6)
A copy of a coroner’s file (or of any part
of the file) is not to be supplied under this section in contravention
of:
(a)
a direction by a coroner under subsection (4),
or
(b)
an order made under section
74.
(7)
In this section:
coroner’s file means the
documents (including the depositions of witnesses, transcripts and written
findings) that form part of the file kept by a coroner in respect of a death,
suspected death, fire or explosion.
s 65: Am 2009 No 41,
Sch 3.4 [2].