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CORONERS BILL

The Hon. M.J. ATKINSON (Attorney-General) obtained leave and introduced a bill for an act to provide for the appointment of the State Coroner and other coroners; to establish the Coroner's Court; to make related amendments to other acts and statutory instruments; to repeal the Coroners Act 1975; and for other purposes. Read a first time.

The Hon. M.J. ATKINSON: I move:

That this bill be now read a second time.

The Coroners Bill 2001 was introduced by the former government on 31 May 2001. After pass­ing one house with amendments, the bill lapsed upon the calling of the election. The bill proposed important changes to the cor­onial juris­diction in South Australia. The government (then in oppo­sition) supported these changes.

The Coroners Bill 2003, for the most part, repeats the 2001 bill as it was introduced. It repeals the Coroners Act 1975 and makes related amendments to other South Aust­ralian acts. Part 1 of the bill contains the formal prelimi­nary claus­es including the interpretation provision. One of the key definitions is that of `reportable death'. Reportable deaths are those deaths which must be reported to the State Coro­ner or, in some cases, a police officer. The Coroner's Court has jurisdiction to hold in­quests to ascertain the cause or circum­stances of a reportable death. The term is defined broadly to include the deaths of persons in circum­stances where the cause of death is unexpected, unnatu­ral, un­usual, violent or unknown, or is or could be related to medical treatment received by the person, or where the person is in custody or under the care of the state by reason of his or her mental or intellectual capacity.

Part 2 of the bill sets out the administration of the coronial jurisdiction in South Australia. The position of State Coro­ner is retained. The conditions of appointment of the State Coroner are now protected by a seven year term and ap­pointment as a stipen­diary magistrate. I seek leave to have the remainder of the second reading explanation inserted in Hansard without my reading it.

Leave granted.

In keep­ing with estab­lished practices, all Magi­strates are appoint­ed as Deputy State Coroners. Other legal practi­tioners of at least five years standing may be appointed by the Governor as coro­ners.

The functions of the State Coroner are largely the same as under the 1975 Act with one important difference; the administra­tion of the new Coroner's Court. The State Coroner is provided with authority to delegate any of his or her administrative func­tions and the Attorney-General is authorised to nominate a Deputy State Coroner to perform the functions of the State Coroner during the latter's ab­sence from official duties. Part 2 of the bill also provides for the appointment of investigators to assist with coroni­al investigations. Investigators will complement the skills of the police officers assigned to perform investigations for coronial inquiries and inquests. The appointment of inves­tigators is new.

Division 1 of Part 3 of the bill formally establishes the Coro­ner's Court as a court of record. The Court is to be constituted of a coroner. The Court is given jurisdiction to hold inquests to ascer­tain the cause or circumstances of events prescribed under the legislation. The bill provides for the appointment of Court staff, including counsel, to assist the Court. Although the current legis­lation does not recognise the Coroners' Court, at common-law a coroner is a judicial office, and coroners court are courts of record. The provisions of Division 1 Part 3 of the bill give formal recog­nition to the common-law position.

Division 2 of Part 3 of the bill sets out the practice and proced­ure of the Coroner's Court. These provisions are, again, generally consistent with the provisions governing the practice and proced­ure of inquests conducted by coro­ners under the current legisla­tion. The Court is, however, given greater flexibility to accept evidence from children under 12, or from persons who are illiter­ate or who have intellectual disabilities.

Part 4 of the bill governs the holding of inquests by the Coroner's Court. The Court is given power to hold in­quests into reportable deaths, the disappearance of any person from within the State or of any person ordinarily resident in the State, a fire or accident that causes injury to any person or property, or any other event as required by other legislation. Specifically, the Court must hold an inquest into a death in custody. Conversely, the Court is prohibited from commencing or proceeding with an in­quest, the subject matter of which has resulted in criminal charges being laid against any person, until the criminal proceedings have been disposed of, withdrawn or perma­nently stayed.

Both the State Coroner and the Coroner's Court are given extensive powers of inquiry. These powers are generally consis­tent with the powers granted to the State Coroner under the current legislation and include the power to enter premises and remove evidence, to examine and copy documents, to issue warrants for the removal of bodies and for exhumations, and the power to direct that post-mortems be conducted.

Part 4 of the bill also provides the Coroner's Court with powers for the purpose of conducting inquests, in­cluding the issuing of summonses compelling witnesses to attend inquests or requiring the production of documents, the power to inspect, retain and copy documents, and the power to require a person to give evidence on oath or affirmation. The informal inquisitorial nature of coronial inquiries is maintained. The Court is not bound by the rules of evidence and may inform itself on any matter as it thinks fit. The Court must act according to equity, good conscience and the substantial merits of the case, without regard to technicalities or legal forms. A person's right against self-incrimination is maintained.

Once an inquest has been completed, the Coroner's Court is required to hand down its findings as soon as practi­cable. As is currently the position with coronial inquests, the Court is prohibit­ed from making any finding of civil or criminal liability. The bill vests in the Court the power to make recommendations that might prevent or reduce the likelihood of a recurrence of an event similar to the event that was the subject of the inquest.

Inquests may be re-opened at any time or the Supreme Court may, on application of the Attorney-General or a person with sufficient interest in a finding, order that the finding be set aside.

Under Part 5 of the bill, a person, on becoming aware of a reportable death, must notify the State Coroner or (except for a death in custody) a police officer of the reportable death. A new offence, that of failing to provide a coroner or police officer with information a person has about a reportable death, is created. This is to ensure all relevant information about a death is provided to a coroner or police officer in a timely manner.

Part 6 of the bill contains miscellaneous provisions, some of which repeat equivalent provisions in the current legis­lation, while some are new. The State Coroner may now exercise any of the powers granted under the legisla­tion for the purpose of assisting a coroner of another State or Territory to conduct an inquiry or inquest under that State or Territory's coronial legislation. Al­ready, the Victorian, New South Wales and Western Australian legislation contain equivalent provisions that will enable assist­ance to be rendered to a coroner in South Australia. The South Australian legislation will reciprocate this benefit.

The bill also ensures that information about persons ob­tained in the course of administering the legislation is protected from improper disclosure while, at the same time, ensuring the openness of the coronial jurisdiction. To assist the State Coroner in injury and death prevention, the State Coroner is given power to provide to persons or bodies information derived from the Court's records or other sources for research, education or public-policy develop­ment.

A number of transitional provisions and consequential amend­ments to State legislation will be necessary. These provisions are contained in the Schedule of the bill.

I commend this bill to the house.

Explanation of Clauses

This is a bill for an Act to provide for the State Coroner and other coroners and to establish the Coroner's Court. The new Act will replace the Coroners Act 1975 (the repealed Act) which is to be repealed (see the Schedule).

Part 1: Preliminary

Clause 1: Short title

Clause 2: Commencement

These clauses are formal.

Clause 3: Interpretation

This clause contains the definitions of words and phrases used in the bill. In particular, a coroner is defined to mean the State Coroner, a Deputy State Coroner or any other coroner appointed under proposed Part 2.

The Coroner's Court must hold an inquest to ascertain the cause or circumstances of a death in custody (see clause 21). A death in custody is a death of a person where there is reason to believe that the death occurred, or the cause of death, or a possible cause of death, arose, or may have arisen, while the person—

(a)was being detained in any place within the State under any Act or law, including an Act or law providing for home detention; or

(b)was in the process of being apprehended or held—

×at any place (whether within or outside the State) by a person authorised to do so under any Act or law of the State; or

×at any place within the State—by a person authorised to do so under the law of any other jurisdiction; or

(c)was evading apprehension by a person referred to in para­graph (b); or

(d)was escaping or attempting to escape from any place or person referred to in paragraph (a) or (b).

The Coroner's Court may hold an inquest to ascertain the cause or circumstances of a reportable death (see clause 21). A reportable death is the State death of a per­son—

(a)by unexpected, unnatural, unusual, violent or unknown cause; or

(b)on an aircraft during a flight, or on a vessel dur­ing a voy­age; or

(c)in custody; or

(d)that occurs during or as a result, or within 24 hours, of the carrying out of a surgical procedure or an invasive medical or diagnostic procedure, or the administration of an anaes­thetic for the purposes of carrying out such a procedure (not being a procedure specified by the regulations to be a procedure to which this paragraph does not apply); or

(e)that occurs at a place other than a hospital but within 24 hours of the person having been dis­charged from a hospital after being an inpatient of the hospital or the person having sought emer­gency treatment at a hospital; or

(f)where the person was, at the time of death—

×a protected person within the meaning of the Aged and Infirm Persons' Property Act 1940 or the Guardianship and Administration Act 1993; or

×in the custody or under the guardianship of the Minister under the Children's Protection Act 1993; or

×a patient in an approved treatment centre under the Mental Health Act 1993; or

×a resident of a licensed supported residential facility under the Supported Residential Facili­ties Act 1992; or

×accommodated in a hospital or other treatment facility for the purposes of being treated for mental illness or drug addiction; or

(g)that occurs in the course or as a result, or within 24 hours, of the person receiving medical treat­ment to which consent has been given under Part 5 of the Guardianship and Ad­ministra­tion Act 1993; or

(h)where no certificate as to the cause of death has been given to the Registrar of Births, Deaths and Marriages; or

(i)that occurs in prescribed circumstances.

Part 2: Administration

Clause 4: Appointment of State Coroner

There will be a State Coroner (who will be a stipendiary magi­strate) appointed by the Governor for a term of 7 years.

Clause 5: Magistrates to be Deputy State Coroners

Each Magistrate is a Deputy State Coroner for the pur­poses of the proposed Act.

Clause 6: Appointment of coroners

The Governor may appoint a legal practitioner of at least 5 years standing to be a coroner.

Clause 7: Functions of State Coroner

The State Coroner has the following functions:

×to administer the Coroner's Court;

×to oversee and co-ordinate coronial services in the State;

×to perform such other functions as are conferred on the State Coroner by or under this proposed new Act or any other Act.

In the absence of the State Coroner from official duties, re­sponsibility for performance of the State Coroner's functions during that absence will devolve on a Deputy State Coroner nominated by the Attorney-General.

Clause 8: Delegation of State Coroner's administrative func­tions and powers

The State Coroner may delegate any of the State Coroner's admin­istrative functions or powers (other than the power to delegate) under this measure or some other measure to another coroner, the principal administrative officer of the Coroner's Court, or any other suitable person.

Clause 9: Appointment of investigators

All police officers are investigators for the purposes of the pro­posed Act (see definition of investigator in clause 3). The Attor­ney-General may also appoint a person to be an investigator for the purposes of the proposed Act.

Part 3: Coroner's Court

Division 1—Coroner's Court and its staff

Clause 10: Establishment of Court

The Coroner's Court of South Australia is established.

Clause 11: Court of record

The Coroner's Court is a court of record.

Clause 12: Seal

The Coroner's Court will have such seals as are necessary for the transaction of its business and a document appar­ently sealed with a seal of the Court will, in the absence of evidence to the contrary, be taken to have been duly issued under the authority of the Court.

Clause 13: Jurisdiction of Court

The jurisdiction of the Coroner's Court is to hold inquests in order to ascertain the cause or circumstances of the events prescribed under this proposed Act or any other Act.

Clause 14: Constitution of Court

The Coroner's Court is to be constituted of a coroner. The Court may, at any one time, be separately constituted of a coroner for the holding of a number of separate inquests and if the coroner consti­tuting the Court for the purposes of any proceedings dies or is for any other reason unable to continue with the proceedings, the Court constituted of another coroner may complete the proceed­ings.

Clause 15: Administrative and ancillary staff

The Coroner's Court's administrative and ancillary staff will consist of any legal practitioner appointed to assist the Court as counsel and any other persons appointed to the non-judicial staff of the Court and will be appointed under the Courts Administra­tion Act 1993.

Clause 16: Responsibilities of staff

A member of the administrative or ancillary staff of the Coroner's Court is responsible to the State Coroner (through any properly constituted administrative superior) for the proper and efficient discharge of his or her duties.

Division 2—Practice and procedure of Coroner's Court

Clause 17: Time and place of sittings

The Coroner's Court may sit at any time at any place and will sit at such times and places as the State Coroner may direct.

Clause 18: Adjournment from time to time and place to place

The Coroner's Court may adjourn proceedings from time to time and from place to place, adjourn proceedings to a time and place to be fixed, or order the transfer of proceed­ings from place to place.

Clause 19: Inquests to be open

Subject to Part 8 of the Evidence Act 1929 or any other Act, inquests held by the Coroner's Court must be open to the public. However, the Court may also exercise the powers conferred on the Court under Part 8 of that Act relating to clearing courts and suppressing publication of evidence if the Court considers it desirable to do so in the interest of national security.

Clause 20: Right of appearance and taking evidence

The following persons are entitled to appear personally or by counsel in proceedings before the Coroner's Court:

×the Attorney-General;

×any person who, in the opinion of the Court, has a suffi­cient interest in the subject or result of the proceedings.

A person appearing before the Court may examine and cross-examine any witness testifying in the proceedings.

Subclauses (3) to (6) are substantially the same as section 104(4) to (6) of the Summary Procedure Act 1921. These sub­clauses provide that the Court may accept evi­dence in the proceed­ings from a witness by affidavit or by written statement verified by declaration in the form pre­scribed by the rules. However, if the witness is a child under the age of 12 years or a person who is illiterate or suffers from an intellectual disability, the witness's state­ment may be in the form of a written statement taken down by a coroner or an investigator at an interview with the witness and veri­fied by the coroner or investiga­tor, by declaration in the form prescribed by the rules, as an accu­rate record of the witness's oral statement. The Court may require a person who has given evi­dence by affidavit or written statement to attend before the Court for the pur­poses of examination and cross-examination. It is an of­fence punishable by imprisonment for 2 years if—

×a written statement made by a person under this clause is false or misleading in a material particular; and

×the person knew that the statement was false or misleading.

Part 4: Inquests

Clause 21: Holding of inquests by Court

The Coroner's Court must hold an inquest to ascertain the cause or circumstances of the following events:

×a death in custody (as defined in clause 3);

×if the State Coroner considers it necessary or desir­able to do so, or the Attorney-General so directs—

×any other reportable death; or

×the disappearance from any place of a person ordinarily resident in the State; or

×the disappearance from, or within, the State of any person; or

×a fire or accident that causes injury to person or proper­ty;

×any other event if so required under some other Act.

However, the Court may not commence or proceed further with an inquest if a person has been charged in criminal proceed­ings with causing the event that is, or is to be, the subject of the inquest, until the criminal proceed­ings have been disposed of or withdrawn.

An inquest may be held to ascertain the cause or cir­cum­stances of more than one event.

Clause 22: Power of inquiry

The State Coroner may exercise the powers set out in this clause for the purposes of determining whether or not it is necessary or desirable to hold an inquest.

The Coroner's Court may exercise the powers set out in this clause for the purposes of an inquest.

The powers are—

(1)to enter at any time and by force (if necessary) any prem­ises in which the State Coroner or Court reasonably be­lieves there is the body of a dead person and view the body;

(2)to enter at any time and by force (if necessary) any prem­ises and inspect and remove anything in or on the premises;

(3)to take photographs, films, audio, video or other record­ings;

(4)to examine, copy or take extracts from any re­cords or documents;

(5)to issue a warrant for the removal of the body of a dead person to a specified place;

(6)to issue a warrant for the exhumation of the body, or re­trieval of the ashes, of a dead person (an exhumation war­rant);

(7)to direct a medical practitioner who is a patholo­gist, or some other person or body considered by the State Coroner or the Court to be suitably qualified, to perform or to cause to be performed, as the case may require, a post-mortem examin­ation and any other examinations or tests conse­quent on the post-mortem examination.

An exhumation warrant of the State Coroner may only be issued with the approval of the Attorney-General.

An investigator may exercise the first 4 powers listed if direct­ed to do so by the State Coroner or the Coroner's Court for the purposes referred to therein and, in doing so, must comply with any directions given by the State Coro­ner or the Court for the purpose.

A person who hinders or obstructs a person exercising a power or executing a warrant under this section or any assistant accom­panying such a person or who fails to comply with a direction given by such a person under this clause is—

×in the case of hindering or obstructing, or failing to comply with a direction of, the Court—guilty of a contempt of the Court;

×in any other case—guilty of an offence and liable to a penalty not exceeding $10 000.

Clause 23: Proceedings on inquests

The Coroner's Court may, for the purposes of an inquest—

×by summons, require the appearance before the inquest of a person or the production of relevant records or documents; or

×inspect records or documents produced before it, retain them for a reasonable period and make copies of the re­cords or documents or their contents; or

×require a person to make an oath or affirmation to answer truthfully questions put by the Court or by a person appear­ing before the Court; or

×require a person appearing before the Court to an­swer ques­tions put by the Court or by a person ap­pearing before the Court.

If a person fails without reasonable excuse to comply with a summons to appear or there are grounds for believ­ing that, if such a summons were issued, a person would not comply with it, the Court may issue a warrant to have the person arrested and brought before the Court.

If a person who is in custody has been summoned to ap­pear before the Court, the manager of the place in which the person is being detained must cause the person to be brought to the Court as required by the summons.

A person commits a contempt of the Court if the per­son—

×fails, without reasonable excuse, to comply with a sum­mons issued to appear, or to produce records or documents, before the Court; or

×having been served with a summons to produce a written statement of the contents of a record or document in the English language fails, without reasonable excuse, to com­ply with the summons or produces a statement that he or she knows, or ought to know, is false or misleading in a material particu­lar; or

×refuses to be sworn or to affirm, or refuses or fails to an­swer truthfully a relevant question when required to do so by the Court; or

×refuses to obey a lawful direction of the Court; or

×misbehaves before the Court, wilfully insults the Court or interrupts the proceedings of the Court.

A person is not, however, required to answer a ques­tion, or to produce a record or document, if

×the answer to the question or the contents of the record or document would tend to incriminate the person of an of­fence; or

×answering the question or producing the record or docu­ment would result in a breach of legal profes­sional privi­lege.

Clause 24: Principles governing inquests

The Coroner's Court, in holding an inquest, is not bound by the rules of evidence and may inform itself on any matter as it thinks fit and must act according to equity, good conscience and the substantial merits of the case, without regard to technicalities and legal forms.

Clause 25: Findings on inquests

The Coroner's Court must give written findings as to the cause and circumstances of the event the subject of an inquest. A copy of the findings must be forwarded to the Attorney-General. The Court may add to its findings recommendation of the Court.

The Court must not make any finding, or suggestion, of crimi­nal or civil liability on an inquest.

Clause 26: Re-opening of inquests

The Coroner's Court may re-open an inquest at any time and must do so if the Attorney-General so directs and, in the event that an inquest is re-opened, may do one or more of the following:

×confirm any previous finding;

×set aside any previous finding;

×make a fresh finding that appears justified by the evidence.

Clause 27: Application to set aside findings made on inquests

The Supreme Court may, on application (made within 1 month after the finding has been given) by the Attorney-General or a person who has a sufficient interest in a finding made on an inquest, order that the finding be set aside. A finding will not be set aside unless the Supreme Court is of the opinion—

×that the finding is against the evidence or the weight of the evidence adduced before the Coroner's Court; or

×that it is desirable that the finding be set aside be­cause an irregularity has occurred in the proceed­ings, insufficient in­quiry has been made or because of new evidence.

The Supreme Court may (in addition to, or instead of, making such an order) do one or more of the following:

×order that the inquest be re-opened, or that a fresh inquest be held;

×substitute any finding that appears justified;

×make such incidental or ancillary orders (including orders as to costs) as it considers necessary or desir­able in the circum­stances of the case.

Part 5: Reporting of deaths

Clause 28: Reporting of deaths

A person is under an obligation to, immediately after becoming aware of a death that is or may be a reportable death, notify the State Coroner or (except in the case of a death in custody) a police officer of the death, unless the person believes on reasonable grounds that the death has already been reported, or that the State Coroner is other­wise aware of the death. The penalty for failing to report is a fine of up to $10 000 or imprisonment for 2 years.

The person notifying must—

×give the State Coroner or police officer any information that the person has in relation to the death; and

×if the person is a medical practitioner who was responsible for the medical care of the dead person prior to death or who examined the body of the person after death—give his or her opinion as to the cause of death.

The penalty for failing to provide such information is a fine of up to $5 000.

On being notified of a death under this clause, a police officer must notify the State Coroner immediately of the death and of any information that the police officer has, or has been given, in relation to the matter.

Clause 29: Finding to be made as to cause of notified report­able death

If the State Coroner is notified under this measure of a reportable death, a finding as to the cause of the death must be made by the Coroner's Court, if an inquest is held, or, in any other case, by the State Coroner.

Part 6: Miscellaneous

Clause 30: Order for removal of body for interstate in­quest

If the State Coroner has reasonable grounds to believe that an inquest will be held in another State or a Territory of the Commonwealth into the death outside the State of a person whose body is within the State, he or she may issue a warrant for the removal of the body to that other State or Territory.

Clause 31: State Coroner or Court may provide assist­ance to coroners elsewhere

Even if there is no jurisdiction under the bill for an inquest to be held into a particular event, the State Coroner or the Coroner's Court may exercise their powers for the purpose of assisting a coroner of another State or a Territory of the Commonwealth to conduct an investigation, inquiry or inquest under the law of that State or Territory into the event.

Clause 32: Authorisation for disposal of human re­mains

If a reportable death occurs and the body of the dead person is within the State, the body is under the exclusive control of the State Coroner until the State Coroner con­siders that the body is not further required for the purposes of an inquest into the person's death and issues an authori­sation for the disposal of human remains in respect of the body.

The State Coroner may refrain from issuing an authori­sa­tion for the disposal of human remains in respect of a body until any dispute as to who may be entitled at law to possession of the body for the purposes of its disposal is resolved.

Clause 33: Immunities

A coroner or other person exercising the jurisdiction of the Coroner's Court has the same privileges and immunities from civil liability as a Judge of the Supreme Court.

A coroner, any other member of the administrative or ancillary staff of the Coroner's Court, an investigator or a person assisting an investigator incurs no civil or criminal liability for an honest act or omission in carrying out or exercising, or purportedly carrying out or exercising, official functions or powers. Instead, any civil liability that would have attached to such a person attach­es to the Crown.

Clause 34: Confidentiality

A person must not divulge information about a person obtained (whether by the person divulging the information or by some other person) in the course of the administra­tion of this measure, ex­cept—

×where the information is publicly known; or

×as required or authorised by this measure or any other Act or law; or

×as reasonably required in connection with the ad­ministra­tion of this measure or any other Act; or

×for the purposes of legal proceedings arising out of the admin­istration of this measure; or

×to a government agency or instrumentality of this State, the Commonwealth or another State or a Territory of the Common­wealth for the purposes of the proper performance of its functions; or

×with the consent of the person to whom the information relates.

The penalty for such an offence is a fine of up to $10 000.

Clause 35: Coroners may not be called as witnesses

Regardless of whatever else is contained in this measure, a coroner cannot be called to give evidence before a court or tribunal about anything coming to his or her knowledge in the course of the administration of this measure. This provision does not, however, apply in relation to proceed­ings against a coroner for an offence.

Clause 36: Punishment of contempts

The Coroner's Court may punish a contempt in the same way as the Magistrates Court, namely—

×it may impose a fine not exceeding $10 000;

×it may commit to prison for a specified term, not exceeding 2 years, or until the contempt is purged.

Clause 37: Accessibility of evidence etc

The State Coroner must, on application by a member of the public, allow the applicant to inspect or obtain a copy of any of the fol­lowing:

×any process relating to proceedings and forming part of the records of the Coroner's Court;

×a transcript of evidence taken by the Court in any proceed­ings;

×any documentary material admitted into evidence in any pro­ceedings;

×a transcript of the written findings and any recom­menda­tions of the Court;

×an order made by the Court.

However, subclause (2) provides that a member of the public may inspect or obtain a copy of the following ma­terial only with the permission of the State Coroner and subject to such conditions as the State coroner thinks appropriate:

×material that was not taken or received in open court;

×material that the Court has suppressed from publica­tion;

×a photograph, slide, film, video tape, audio tape or other form of recording from which a visual image or sound can be pro­duced;

×material of a class prescribed by the regulations.

The State Coroner may charge a fee, fixed by regula­tion, for inspection or copying of material.

Clause 38: Provision of information derived from Court records etc

The State Coroner may (subject to such conditions as he or she thinks fit), for purposes related to research, education or public policy development, or for any other sociological purpose, provide a person or body with information de­rived from the records of the Coroner's Court or from any other material to which the State Coroner may give mem­bers of the public access pursuant to this measure.

Clause 39: Miscellaneous provisions relating to legal process

Any process of the Coroner's Court may be issued, served or executed on a Sunday as well as any other day and the validity of a process is not affected by the fact that the person who issued it dies or ceases to hold office.

Clause 40: Service

If it is not practicable to serve any process, notice or other docu­ment relating to proceedings in the Coroner's Court in the manner otherwise prescribed or contemplated by law, the Court may, by order provide for service by post or make any other provision that may be necessary or desir­able for service.

Clause 41: Rules of Court

Rules of the Coroner's Court may be made by the State Coroner.

Clause 42: Regulations

The Governor may make regulations for the purposes contem­plated by this measure.

Schedule: Related amendments, repeal and transitional provi­sions

The Schedule contains related amendments to the follow­ing Acts and statutory instruments:

×Births, Deaths and Marriages Registration Act 1996

×Births, Deaths and Marriages Regulations 1996

×Correctional Services Act 1982

×Courts Administration Act 1993

×Cremation Act 2000

×Evidence Act 1929

×Freedom of Information Act 1991

×Harbors and Navigation Act 1993

×Juries Act 1927

×Local Government (Cemetery) Regulations 1995

×Road Traffic Act 1961

×Summary Offences Act 1953

×Transplantation and Anatomy Act 1983

The Coroners Act 1975 is repealed and necessary transi­tional arrangements are put in place.

One White

The Hon. W.A. MATTHEW secured the adjournment of the debate.