AustLII Tasmanian Numbered Regulations

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CORONERS RULES 2006 (S.R. 2006, NO. 51) - REG 26

Access to coronial records

(1)  A coronial authority may, in accordance with this rule of court, do any (or any combination) of the following on such conditions as the coronial authority thinks fit:
(a) give a person access to a coronial record;
(b) provide a person with a copy of a coronial record;
(c) deny a person access to a coronial record;
(d) restrict a person's access to a coronial record;
(e) prohibit a person from being provided with a copy of a coronial record.
(2)  A coronial authority's power under subrule (1) may be exercised –
(a) at any time during or after the investigation to which the coronial record relates; and
(b) on the coronial authority's own motion or on the application of a person claiming an interest in that investigation.
(3)  A person is not entitled to be provided with a copy of a coronial record on application unless –
(a) that person pays the relevant fee prescribed in the Coroners (Fees, Expenses and Allowances) Regulations 2006 ; or
(b) the coronial authority waives the requirement to pay that fee.
(4)  In deciding whether to give a person access to or a copy of a coronial record on application, a coronial authority may consider –
(a) whether the person has a sufficient personal or professional interest in the investigation to which the record relates; and
(b) whether giving the person the access or the copy is likely to unfairly prejudice the interests or reputation of another person; and
(c) such other matters as the coronial authority thinks fit.
(5)  If there is an inconsistency between a decision of the Chief Magistrate and a presiding coroner on any matter under this rule of court, the decision of the Chief Magistrate prevails to the extent of the inconsistency.
(6)  In this rule of court –
coronial authority means the Chief Magistrate or presiding coroner;
coronial record means any record held by the court in relation to an investigation and, without limiting the generality of this, includes –
(a) a document on the court's file; and
(b) if applicable, a transcript of oral evidence; and
(c) if applicable, a recording made pursuant to rule 21 ;
presiding coroner , for a coronial record, means the coroner that conducted, or is conducting, the investigation that the record relates to;
record includes a part of a record.



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