Coroners Act 2006

Appointments, administration, powers, offences and penalties, and technical provisions - Powers

117A: Functions, powers, duties, and immunities of associate coroners

You could also call this:

"What associate coroners can and can't do"

Illustration for Coroners Act 2006

You are an associate coroner. You have the same functions, powers, and duties as a coroner, except in some cases. You also have the same immunities as a coroner, as stated in section 117. When this Act talks about a coroner, it usually includes an associate coroner, but not always. You cannot hold an inquest as an associate coroner. When the Act talks about a coroner holding an inquest, it does not include an associate coroner, unless you are allowed to take evidence at a distance, as stated in section 91(2) to (7). Some parts of the Act do not apply to you, like sections 103 to 114. You follow the rules made under section 140A. You have the same powers as a coroner appointed under section 103. This means you can do many things a coroner can do, but with some limits.

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Part 4Appointments, administration, powers, offences and penalties, and technical provisions
Powers

117AFunctions, powers, duties, and immunities of associate coroners

  1. Except as set out in subsections (2) to (4), another provision of this Act, or in rules made under section 140A,—

  2. an associate coroner has the functions, powers, and duties of a coroner appointed under section 103; and
    1. an associate coroner has the immunities of a coroner under section 117; and
      1. references in this Act to a coroner, designated coroner, duty coroner, replacement coroner, or responsible coroner must be read, with the necessary modifications, as including an associate coroner.
        1. An associate coroner does not have the functions, powers, or duties of a coroner to hold an inquest.

        2. References in this Act or other legislation to a coroner holding an inquest do not include an associate coroner (but see section 91(2) to (7) if an associate coroner is authorised by a coroner to take evidence at a distance).

        3. Subsection (1)(c) does not apply to sections 103 to 114.

        Notes
        • Section 117A: inserted, on , by section 24 of the Coroners Amendment Act 2023 (2023 No 8).