Coroners Act 1996
Coroners Regulations 1997
Reprint 3: The regulations as at 23 May 2014
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
1.Details about the original regulations and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.
2.Transitional, savings, modifying or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.
3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table).
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
·removed (because it was repealed or deleted from the law); or
·omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the regulations have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the regulations were published. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
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Western Australia
Coroners Regulations 1997
Contents
1.Citation1
2.Commencement1
3A.Terms used1
3.Pathologist1
4.State Coroner — form of oath of office2
5.Restriction on delegation2
6.Form of record of investigation into a death2
7.Form of certificate of disposal of body2
8.Request that post mortem be performed2
9.Direction to perform post mortem2
10.Form of order for exhumation2
11.Request not to exhume3
12.Form of notice of restriction of access to area3
13.Form of agreement of coroner to restricted access to area3
14.Form of authorisation, form of undertaking and requests for release of things3
15.Request for an inquest into a death3
16.Form of summons and warrant, and service of summons3
17.Interested persons for the purposes of section 44(3)4
18.Form of order of exclusion from an inquest5
19.Access to records5
20.Form of oath or affirmation for witness5
21.Fees for post mortem services5
22.Other fees5
23.Coroner’s registrar may remit fees6
24.Resolution of disputes as to fees6
25.Recovery of unpaid fees6
Schedule 1 — Forms
Schedule 2 — Fees for post mortem services
Schedule 3 — Other fees
Notes
Compilation table23
Defined terms
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Western Australia
Coroners Act 1996
Coroners Regulations 1997
These regulations may be cited as the Coroners Regulations 1997 1.
These regulations come into operation on the day on which the Coroners Act 1996 comes into operation 1.
In these regulations —
approved form means a form approved by the State Coroner;
fee, except in regulation 21, means a fee set out in Schedule 3.
[Regulation 3A inserted in Gazette 4 Sep 2009 p. 3491.]
For the purposes of the Act a pathologist is a doctor with a qualification in pathology recognized by the Royal College of Pathologists of
4.State Coroner — form of oath of office
The oath or affirmation of office for the State Coroner referred to in section 9 of the Act is to be in the form of Form 1 or 2.
The State Coroner is not to delegate the power to conduct an inquest to a coroner’s registrar.
[Regulation 5 amended in Gazette 11 Mar 2008 p. 816.]
6.Form of record of investigation into a death
A record of investigation into a death to be kept under section 26(1) of the Act is to be in the form of Form 3.
7.Form of certificate of disposal of body
A certificate permitting burial, cremation or other disposal to be issued under section 29(1) of the Act is to be in the form of Form 4.
8.Request that post mortem be performed
A request to a coroner under section 36(1) of the Act to direct that a post mortem be performed on a body is to be made in writing and is to specify the reason why the post mortem is sought.
9.Direction to perform post mortem
Before giving a direction to a pathologist or doctor to perform a post mortem on a body under section 34(1) of the Act, the coroner is to take into account all of the medical information then available concerning the last illness of the deceased person, if it appears that the illness may be relevant to the death.
10.Form of order for exhumation
An order by the State Coroner under section 38(1) of the Act that a body be exhumed, is to be in the form of Form 5.
A request under section 38(3) of the Act to the State Coroner asking that a body not be exhumed is to be made in writing and is to specify reasons why the body should not be exhumed.
12.Form of notice of restriction of access to area
A notice under section 32(4) of the Act is to be in the form of Form 6.
13.Form of agreement of coroner to restricted access to area
Agreement by a coroner under section 32(2) of the Act to a restriction imposed by a coroner’s investigator is to be in the form of Form 7.
14.Form of authorisation, form of undertaking and requests for release of things
(1)An authorisation to a coroner’s investigator under section 33(3) of the Act is to be in the form of Form 8.
(2)A request to a coroner to release any thing under section 33(5) of the Act is to be in writing and is to specify reasons why the release of the thing is sought.
(3)An undertaking given under section 33(5) of the Act is to be in the form of Form 9.
15.Request for an inquest into a death
A request under section 24 of the Act to a coroner to hold an inquest into a death is to be made in writing and is to specify the reason why the inquest is sought.
16.Form of summons and warrant, and service of summons
(1)A summons issued under section 46(1) of the Act requiring a person to attend as a witness or to produce any document or other material is to be in the form of Form 10.
(2)A summons under section 46(1) of the Act is to be —
(a)served personally; or
(b)left at the person’s usual or last known place of abode with a person who is, or appears to be, over the age of 16 years.
(3)A warrant of apprehension issued under section 46(4) of the Act is to be in the form of Form 11.
17.Interested persons for the purposes of section 44(3)
The following persons are interested persons for the purposes of section 44(3) of the Act —
(a)a spouse, de facto partner, child, parent or other personal representative of the deceased person;
(b)any of the deceased person’s next of kin under section 37(5) of the Act;
(c)a beneficiary under a policy of insurance issued on the life of the deceased person;
(d)an insurer who issued such a policy of insurance;
(e)a person whose act or omission, or the act or omission of an agent or servant of that person, may in the opinion of the coroner have caused, or contributed to, the death of the deceased person;
(f)a person appointed by an organization of employees to which the deceased person belonged at the time of death, if the death of the deceased person may have been caused by an injury received in the course of employment or by an industrial disease;
(g)the Commissioner of Police appointed under the Police Act 1892.
[Regulation 17 amended in Gazette 30 Jun 2003 p. 2600.]
18.Form of order of exclusion from an inquest
(1)An order made under section 45(1) of the Act excluding persons from an inquest is to be in the form of Form 12.
(2)Where a coroner makes an order under section 45(1) of the Act he or she is to notify the State Coroner that the order has been made.
(1)Before the completion of an investigation into a death, a coroner may direct that part or all of the record of the investigation of the death be made available to such persons or class of persons as the coroner directs.
(2)After the completion of an inquest into a death the coroner’s record of the investigation of the death is to be open to public access unless the coroner orders otherwise.
20.Form of oath or affirmation for witness
The oath or affirmation to be administered to witnesses at an inquest is to be in the form of Form 13 or 14.
21.Fees for post mortem services
(1)The fee to be paid to a doctor who carries out a service referred to in an item of Schedule 2 is as set out opposite the relevant item in that schedule.
(2)A doctor is not entitled to a fee set out in Schedule 2 if the doctor is in receipt of a salary from the State or is entitled to any other payment in respect of the service set out opposite the fee, unless the State Coroner agrees otherwise.
[Regulation 21 amended in Gazette 4 Sep 2009 p. 3491.]
The fees set out in Schedule 3 are to be charged in respect of the matters referred to in that Schedule.
[Regulation 22 inserted in Gazette 4 Sep 2009 p. 3492.]
23.Coroner’s registrar may remit fees
(1)A coroner’s registrar may on an application in an approved form, in a particular case, on the ground of financial hardship or if it is in the interests of justice to do so, direct —
(a)that payment of a fee be waived; or
(b)that a fee be reduced or that the whole or a part of a fee be refunded; or
(c)that the payment of the whole or a part of a fee be postponed until such time, and upon such conditions, if any, as the registrar thinks fit.
(2)Before determining an application under subregulation (1), a coroner’s registrar may require the applicant to provide the registrar with such further information as the registrar requires either in writing or orally.
[Regulation 23 inserted in Gazette 4 Sep 2009 p. 3492.]
24.Resolution of disputes as to fees
(1)If a question arises as to the fee payable or applicable in a particular case, the question is to be determined by the State Coroner.
(2)An application for a determination under subregulation (1) is to be in an approved form.
[Regulation 24 inserted in Gazette 4 Sep 2009 p. 3492.]
Any unpaid fee is a debt due to the State and may be recovered by action in a court of competent jurisdiction.
[Regulation 25 inserted in Gazette 4 Sep 2009 p. 3492.]
Form 1
[Reg. 4]
Coroners Act 1996
(Section 9)
OATH FOR STATE CORONER
I ................................................... (person’s name) ............................................... do solemnly, sincerely and truly swear that I will well and truly serve the State, according to law, in the office of State Coroner, and I will do right to all manner of people after the laws and usages of this State, without fear or favour, affection or ill will.
So help me God!
[Form 1 amended in Gazette 19 Apr 2005 p. 1295.]
Form 2
[Reg. 4]
Coroners Act 1996
(Section 9)
AFFIRMATION FOR STATE CORONER
I .................................................. (person’s name) ............................................... do solemnly, sincerely and truly declare and affirm that I will well and truly serve the State, according to law, in the office of State Coroner, and I will do right to all manner of people after the laws and usages of this State, without fear or favour, affection or ill will.
[Form 2 amended in Gazette 19 Apr 2005 p. 1295.]
Form 3
[Reg. 6]
Coroners Act 1996
(Section 26(1))
RECORD OF INVESTIGATION INTO DEATH
Ref. No.
I, ............................................................................, Coroner, having investigated:
1.The death of .................................................................................................
2.*Without holding an inquest.
*With an inquest held at ..............................................................................
on .................................................................................................... 20........
3.*Find that —
*The identity of the deceased person was ............................ and that death
occurred on / / at ....................................................................
from (state cause of death) in the following circumstances:
......................................................................................................................
......................................................................................................................
......................................................................................................................
......................................................................................................................
......................................................................................................................
Comments:
Coroner.
* Delete those not required.
Form 4
[Reg. 7]
Coroners Act 1996
(Section 29(1))
CERTIFICATE PERMITTING BURIAL, CREMATION OR OTHER DISPOSAL
I, ............................................................................................., Coroner, PERMIT
*Burial.
*Cremation.
*Other disposal, namely ......................................................................................... of the body of .........................................................................................................
Dated at .......................... the .......................... day of .............................. 20........
Coroner.
* Delete those not required.
Form 5
[Reg. 10]
Coroners Act 1996
(Section 38(1))
ORDER FOR EXHUMATION OF BODY
Ref. No.
To:
Postcode:
Information about the deceased person
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Name |
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Information about the death
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When |
TimeDayMonthYear |
Information about the burial of the body
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When |
DayMonthYear Postcode |
Information about the making of this order
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The body must be exhumed and taken to ................. and held until I order that it may be buried again. |
Information about the order
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Made by |
State Coroner DayMonthYear
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Form 6
[Reg. 12]
Coroners Act 1996
(Section 32(4))
NOTICE RESTRICTING ACCESS TO AREA
RESTRICTED AREA
NO ENTRY WITHOUT CORONER’S AUTHORITY
PENALTY: $2 000 FINE
Form 7
[Reg. 13]
Coroners Act 1996
(Section 32(2))
RESTRICTION OF ACCESS
Investigation into the death of ................................................................................
Description of area to which access has been restricted by Coroner’s investigator —
.................................................................................................................................
.................................................................................................................................
Reasons for seeking restriction of access —
.................................................................................................................................
.................................................................................................................................
.................................................................................................................................
.................................................................................................................................
.................................................................................................................................
Is access being restricted at the present time: Yes p No p
If Yes, specify the time and date when the restriction first imposed .....................
Period for which restriction is sought ....................................................................
Restriction agreed with p
Restriction not agreed with p
....................................
Signature of Coroner
Date: / / .
Form 8
[Reg. 14(1)]
Coroners Act 1996
(Section 33(3))
AUTHORISATION OF CORONER’S INVESTIGATOR
I, ..........................................................................., Coroner, reasonably believing it necessary for investigating —
the death of .............................................................................................................
AUTHORISE ....................................................................................., a coroner’s investigator —
* 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 ...................... 20........ and concluding on the ............. day of ........................ 20........ (such period not to exceed one month after the date of this authority).
Dated at .................... the ......................... day of ..................................... 20........
Coroner.
* Delete those not applicable.
Form 9
[Reg. 14(3)]
Coroners Act 1996
(Section 33(5))
UNDERTAKING TO COMPLY WITH CONDITIONS OF RELEASE
I, ...................................., Coroner, having taken possession of the certain things, or classes of things, pursuant to section 33 of the Coroners Act 1996 for the purpose of an investigation into the death of .........................................................
Authorise the release of: .................... (description of thing/s) .............................
To ............. (name of person to whom thing/s are to be released) ........................
Of ............. (address of that person) ......................................................................
On condition that ............. (any conditions) ..........................................................
I, ............. (name of person to whom thing/s are to be released) ........................... enter this undertaking and acknowledge receipt of a copy thereof setting out my obligations concerning the conditions of release of the thing/s 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 am satisfied that, before releasing the thing/s specified in this undertaking, ............. (name of person to whom thing/s are to be released) ........... 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 State of
Coroner.
Form 10
[Reg. 16(1)]
Coroners Act 1996
(Section 46(1))
SUMMONS TO GIVE EVIDENCE OR BRING DOCUMENTS
To:
Postcode:
An inquest is to be held into—
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The death of
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What you must do
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You must go to the inquest and pGive evidence |
Information about the inquest
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Where you must go When |
The Coroner’s Court of Western Australia TimeDayMonthYear |
Information about this summons
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Issued at |
Date / /
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If further information is required, telephone: ..................
[Form 10 amended in Gazette 11 Mar 2008 p. 816.]
Form 11
[Reg. 16(3)]
Coroners Act 1996
(Section 46(4))
WARRANT OF APPREHENSION WHERE WITNESS FAILS TO APPEAR
In the Coroner’s Court of Western Australia
at .............................................................................................................................
INQUEST INTO THE DEATH OF: .....................................................................
To all members of the Police Force of the State of
The witness who has failed to appear is .................................................................
of ............................................................................................................................
THE WITNESS has neglected to appear at the time and place appointed in and by a Summons to attend as witness or to produce documents or other materials and it is proved to me, the undersigned Coroner, upon oath, that the said Summons was served on the witness.
I AUTHORISE you to enter and search at any time with all force as may be necessary any dwelling‑house, building, premises, ship, aircraft or any place where the witness is suspected to be present AND I ORDER that you apprehend the witness and bring the witness before the said Coroner’s Court to answer the said Summons and to be further dealt with according to law.
Dated at .......................... the ................... day of ................................ 20.............
Coroner.
[Form 11 amended in Gazette 12 Feb 2013 p. 922.]
Form 12
[Reg. 18(1)]
Coroners Act 1996
(Section 45(1))
ORDER EXCLUDING PEOPLE FROM AN INQUEST
This inquest is being held into—
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The death of |
DayMonthYear |
Information about this order
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Who does it apply to?
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The Coroner has ordered that the following people:
must not enter the room where the inquest is being held. This order applies— pFromTimeDayMonthYear pToTimeDayMonthYear pFor the whole of the inquest. |
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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 this order
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Made by
Where |
pState Coroner pCoroner TimeDayMonthYear |
Form 13
[Reg. 20]
Coroners Act 1996
OATH FOR WITNESS
Do you solemnly, sincerely and truly swear that the evidence that you give at this inquest touching the death (or suspected death) of ......................................... shall be the truth, the whole truth, and nothing but the truth?
So help you God!
Form 14
[Reg. 20]
Coroners Act 1996
AFFIRMATION FOR WITNESS
Do you solemnly, sincerely and truly declare and affirm that the evidence that you give at this inquest touching the death (or suspected death) of ...................... shall be the truth, the whole truth and nothing but the truth?
Schedule 2 — Fees for post mortem services
[r. 21]
[Heading inserted in Gazette 4 Sep 2009 p. 3492‑3.]
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Item |
Service |
Fee |
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1. |
Post mortem by a pathologist ......................................... |
$390 |
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2. |
Post mortem by a doctor who is not a pathologist .......... |
$265 |
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3. |
Attendance by doctor, between the hours of 8.30 am and 6 pm, to state whether life is extinct ........................ |
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4. |
Attendance by doctor, outside the hours referred to in item 3, to state whether life is extinct ............................. |
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[r. 22]
[Heading inserted in Gazette 4 Sep 2009 p. 3493.]
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Item |
Matter |
$ |
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1. |
Copy of document or exhibit, for each page or part of a page |
1.50 |
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2. |
Copy of record of investigation into a death — (a)for one copy on the request of a person who is an interested person under regulation 17(a) or (b) |
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(b)for each additional copy on the request of a person who is an interested person under regulation 17(a) or (b), for each page or part of a page |
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(c)for each copy on the request of any other person, for each page or part of a page |
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3. |
Certifying under seal that a document is a true copy |
15.35 |
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4. |
Copy of transcript or notes of evidence, for each page or part of a page (minimum fee — $22.00) |
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5. |
Copy of transcript or notes of evidence in electronic format if a fee has been paid under item 4 by the applicant for a copy of the transcript or notes of evidence, for each day of transcript or notes of evidence |
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6. |
Copy of transcript or notes of evidence not in electronic format if a fee has been paid under item 4 by the applicant for a copy of the transcript or notes of evidence, for each page or part of a page |
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[Schedule 3 inserted in Gazette 4 Sep 2009 p. 3493; amended in Gazette 8 Mar 2011 p. 800; 20 Dec 2011 p. 5393; 30 Nov 2012 p. 5801; 15 Nov 2013 p. 5253.]
1This reprint is a compilation as at 23 May 2014 of the Coroners Regulations 1997 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
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Citation |
Gazettal |
Commencement |
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Coroners Regulations 1997 |
18 Mar 1997 p. 1551‑74 |
7 Apr 1997 (see r. 2 and Gazette 18 Mar 1997 p. 1529) |
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Equality of Status Subsidiary Legislation Amendment Regulations 2003 Pt. 10 |
30 Jun 2003 p. 2581‑638 |
1 Jul 2003 (see r. 2 and Gazette 30 Jun 2003 p. 2579) |
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Reprint 1: The Coroners Regulations 1997 as at 16 Jan 2004 (includes amendments listed above) |
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Courts and Legal Practice (Consequential Amendments) Regulations 2005 r. 3 |
19 Apr 2005 p. 1294‑302 |
19 Apr 2005 |
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Coroners Amendment Regulations 2008 |
11 Mar 2008 p. 816 |
r. 1 and 2: 11 Mar 2008 (see r. 2(a)); |
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Coroners Amendment Regulations 2009 |
4 Sep 2009 p. 3491‑3 |
r. 1 and 2: 4 Sep 2009 (see r. 2(a)); |
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Reprint 2: The Coroners Regulations 1997 as at 6 Nov 2009 (includes amendments listed above) |
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Coroners Amendment Regulations 2011 |
8 Mar 2011 p. 799‑800 |
r. 1 and 2: 8 Mar 2011 (see r. 2(a)); |
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Coroners Amendment Regulations (No. 2) 2011 |
20 Dec 2011 p. 5392‑3 |
r. 1 and 2: 20 Dec 2011 (see r. 2(a)); |
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Coroners Amendment Regulations 2012 |
30 Nov 2012 p. 5801 |
r. 1 and 2: 30 Nov 2012 (see r. 2(a)); |
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Coroners Amendment Regulations (No. 2) 2012 |
12 Feb 2013 p. 921-2 |
r. 1 and 2: 12 Feb 2013 (see r. 2(a)); |
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Coroners Amendment Regulations 2013 |
15 Nov 2013 p. 5252‑3 |
r. 1 and 2: 15 Nov 2013 (see r. 2(a)); |
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Reprint 3: The Coroners Regulations 1997 as at 23 May 2014 (includes amendments listed above) |
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[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
fee3A
By Authority: JOHN A. STRIJK, Government Printer