Coroners Regulation 2015

1Short title

This regulation may be cited as the Coroners Regulation 2015.

2Commencement

This regulation commences on 1 September 2015.

3Definitions

The dictionary in schedule 2 defines particular words used in this regulation.

4Fees payable by the State to particular persons

Schedule 1 states fees payable under the Act by the State to particular persons.

5Fee for copy of investigation document—Act, s 99

For section 99(2)(b)(ii) of the Act, the fees for copies of an investigation document are as follows—

(a)first copy—

(i)each page—$2.90; and

(ii)maximum fee—$75.45;

(b)additional copy—

(i)each page—$0.65; and

(ii)maximum fee—$30.10.

s 5 amd 2016 SL No. 85 s 36; 2017 SL No. 52 s 3; 2017 SL No. 109 s 39; 2018 SL No. 72 s 38; 2019 SL No. 105 s 38

sub 2020 SL No. 143 s 39

6Waiver of fee for copy of investigation document—genuine research

(1)This section applies if—

(a)the State Coroner gives a person access to an investigation document under section 53 of the Act for research purposes; and

(b)the chief executive is satisfied—

(i) the research is not being conducted for profit; and

(ii)the fee for a copy of the document would impose an unreasonable financial burden on the person.

(2)The chief executive may waive the fee for a copy of the investigation document.

7Waiver of fee for copy of investigation document—financial hardship

(1)This section applies if a person in financial hardship is given access to an investigation document under section 54 of the Act.

(2)For subsection (1), a person is in financial hardship if the person holds a concession card.

(3)The chief executive must waive the fee for a copy of the investigation document.

(4)In this section—

concession card means—

(a)a health care card or pensioner concession card under the Social Security Act 1991 (Cwlth); or

(b)a pensioner concession card issued by the Commonwealth department in which the Veterans’ Entitlements Act 1986 (Cwlth) is administered.

8No fee for copy of investigation document for family member of deceased person

(1)This section applies if a family member of a deceased person is given access to an investigation document under section 54 of the Act.

Note—

See the definition family member in schedule 2 of the Act.

(2)No fee is payable by the family member for a copy of the investigation document.

pt 4 hdg amd 2017 SL No. 52 s 4

pt 4 div 1 hdg ins 2017 SL No. 52 s 5

9Fees—autopsy, or person’s giving of evidence at inquest, started but not completed

(1)Subsection (2) applies if, immediately before the commencement, a doctor—

(a)had started to perform an autopsy as mentioned in the repealed regulation, section 4; and

(b)had not completed the autopsy.

(2)The repealed regulation, section 4 continues to apply to the doctor in relation to the doctor’s entitlement to fees as if this regulation had not been made.

(3)Subsection (4) applies if, immediately before the commencement, a person—

(a)had started to give evidence at an inquest as mentioned in the repealed regulation, section 5; and

(b)had not completed giving the evidence.

(4)The repealed regulation, section 5 continues to apply to the person in relation to the person’s entitlement to fees as if this regulation had not been made.

(5)In this section—

autopsy includes the autopsy report.

doctor see the schedule of the repealed regulation.

repealed regulation means the repealed Coroners Regulation 2003.

pt 4 div 2 hdg ins 2017 SL No. 52 s 6

10Fee payable to particular persons attending inquest before commencement

(1)This section applies if, before the commencement—

(a)a person, other than a person to whom schedule 1, section 7 applies, attended an inquest to give evidence; and

(b)the person had not been paid the fee payable for the attendance under schedule 1, section 8 as in force before the commencement.

(2)Schedule 1, section 8, as amended by the Criminal Practice (Fees) and Other Legislation Amendment Regulation 2017, applies in relation to the person for the attendance.

s 10 ins 2017 SL No. 52 s 6

section 4

1Fee payable to doctor for conducting particular pre-arranged autopsy or test or pre-arranged preliminary investigation of a body

(1)This section applies for each of the following services conducted by a doctor, if the provision of the service is arranged with a coroner in advance of the coroner requiring the doctor to conduct the service—

(a)an autopsy conducted under the Act that is 1 of the following—

(i)an external examination of a body not conducted as part of a preliminary investigation of a body;

(ii)an external and partial internal examination of a body;

(iii)an external and full internal examination of a body;

(iv)an examination of the cremated remains of a body;

(b)a preliminary investigation of a body;

(c)a test for an autopsy under section 23 of the Act.

(2)The fee payable to the doctor for conducting the autopsy, preliminary investigation or test is—

(a)for each whole hour—$269.34; and

(b)for a part of an hour—$269.34 multiplied by the percentage representing the part of an hour.

(3)However, time spent in taking a CT scan is to be disregarded in working out the fee under subsection (2).

Note—

See section 4 (Fee payable to doctor for taking CT scan)

(4)In this section—
autopsy means—

(a)an autopsy; and

(b)preparing and giving an autopsy report for the autopsy under section 25(1) of the Act.

preliminary investigation of a body, by a doctor, means an investigation of a body, other than to the extent it is the taking of a CT scan, to decide whether the doctor can form a sufficient opinion as to the probable cause of death for the purpose of completing a cause of death certificate under the Births, Deaths and Marriages Registration Act 2003.

Examples of things that may be done by a doctor on a preliminary investigation of a body—

•considering the circumstances of death

•reviewing medical records

•an external examination of the body, including, for example, using an X-ray

2Fee payable to doctor attending scene of a death, for conducting external examination or for autopsy report, that is not pre-arranged

(1)This section applies for each of the following services conducted by a doctor, if the provision of the service is not arranged with a coroner in advance of the coroner requiring the doctor to conduct the service—

(a)attending the scene of a death and conducting an autopsy under the Act that is the external examination of a body;

(b)preparing and giving an autopsy report for the autopsy under section 25(1) of the Act.

(2)The fee payable to the doctor for conducting the examination or preparing and giving the autopsy report, and for any time reasonably spent travelling to or from the scene—

(a)during the period from 8a.m. to midnight is—

(i)for each whole hour—$291.45; and

(ii)for a part of an hour—$291.45 multiplied by the percentage representing the part of an hour; or

(b)during the period from midnight to 8a.m. is—

(i)for each whole hour—$388.60; and

(ii)for a part of an hour—$388.60 multiplied by the percentage representing the part of an hour.

(3)However, time spent in taking a CT scan is to be disregarded in working out the fee under subsection (2).

3Fee payable to doctor for conducting particular urgent autopsy, or test, that is not pre-arranged

(1)This section applies for each of the following services conducted by a doctor, if the provision of the service is required urgently by a coroner and is not arranged with a coroner in advance of the coroner requiring the doctor to conduct the service—

(a)an autopsy conducted under the Act that is 1 of the following, other than an external examination of a body to which section 2(1)(a) applies—

(i)an external examination of a body;

(ii)an external and partial internal examination of a body;

(iii)an external and full internal examination of a body;

(b)a test for an autopsy under section 23 of the Act.

(2)The fee payable to the doctor for conducting the autopsy or test—

(a)during the period from 8a.m. to midnight is—

(i)for each whole hour—$291.45; and

(ii)for a part of an hour—$291.45 multiplied by the percentage representing the part of an hour; or

(b)during the period from midnight to 8a.m. is—

(i)for each whole hour—$388.60; and

(ii)for a part of an hour—$388.60 multiplied by the percentage representing the part of an hour.

(3)However, time spent in taking a CT scan is to be disregarded in working out the fee under subsection (2).

(4)In this section—

autopsy means—

(a)an autopsy; and

(b)preparing and giving an autopsy report for the autopsy under section 25(1) of the Act.

4Fee payable to doctor for taking CT scan

The fee payable to a doctor for taking a CT scan for the Office of the State Coroner, including a CT scan done wholly or partly by another person under the doctor’s direction, is $250.

5Fee payable to laboratory scientist or laboratory technician

(1)The fee payable to a laboratory scientist for providing scientific support, or to a laboratory technician for providing technical support, to a doctor investigating a death for the Office of the State Coroner is—

(a)for each whole hour—$60; and

(b)for a part of an hour—$60 multiplied by the percentage representing the part of an hour.

(2)In this section—

laboratory scientist means a scientist who is working in a laboratory as a scientist.

laboratory technician means a technician who is working in a laboratory as a technician.

6Fee payable to person for providing administrative support

The fee payable to a person for providing administrative support to a doctor investigating a death for the Office of the State Coroner is—

(a)for each whole hour—$50; and

(b)for a part of an hour—$50 multiplied by the percentage representing the part of an hour.

7Fee payable to doctor for attending inquest to give evidence

(1)The fee payable to a doctor for attending an inquest to give evidence is—

(a)for each whole hour—$269.34; and

(b)for a part of an hour—$269.34 multiplied by the percentage representing the part of an hour.

(2)For subsection (1), time spent by the doctor in attending the inquest includes—

(a)any time spent by the doctor in waiting to give evidence at the inquest; and

(b)any time reasonably spent by the doctor in travelling to or from the inquest.

(3)Subsection (1) applies whether or not the doctor gives evidence at the inquest.

8Fee for other persons for attending inquest to give evidence

(1)The fee payable to a person for attending an inquest to give evidence, other than a person to whom section 7 applies, is the fee that is equal to the prosecution witness allowances that would be payable to the person if—

(a)the inquest were a criminal proceeding in a court; and

(b)the person were a prosecution witness attending court to give evidence in the criminal proceeding.

(2)In this section—

prosecution witness see the Criminal Practice (Fees) Regulation 2010, section 4.

prosecution witness allowance means an amount payable to a prosecution witness under the Criminal Practice (Fees) Regulation 2010, section 5.

sch 1 s 8 amd 2017 SL No. 52 s 7

section 3

doctor means a doctor who is neither a health service employee nor a public service employee.

Note—

See also definitions doctor and medical practitioner in the Acts Interpretation Act 1954, schedule 1.

fee, for part 2 and schedule 1, includes an allowance and an amount payable for an expense.

health service employee means a health service employee appointed under the Hospital and Health Boards Act 2011, section 67.

investigation document has the meaning given by section 100(4) or schedule 2 of the Act.