Statute Details
- Title: Coroners (Conduct of Proceedings) Regulations 2011
- Act Code: CA2010-RG2
- Type: Subsidiary Legislation (SL)
- Authorising Act: Coroners Act 2010 (noted in the extract as “Section 49”)
- Legislative Instrument: SL 548/2011 (dated 27 September 2011)
- Current Version Reference in Extract: 2025 Revised Edition (2 June 2025), “current version as at 27 Mar 2026”
- Key Provisions (from extract): Regulation 1 (Citation); Regulation 2 (Definitions); Regulation 3 (Officers who may assist in conduct of proceedings)
What Is This Legislation About?
The Coroners (Conduct of Proceedings) Regulations 2011 (“the Regulations”) are subsidiary legislation made under the Coroners Act 2010. Their practical purpose is to regulate who may assist a Coroner during the conduct of a coronial inquiry or a pre-inquiry review, and to define the scope of assistance that such persons may provide.
In plain terms, coronial proceedings are fact-finding processes designed to establish the cause and circumstances of certain deaths. The Regulations ensure that, where appropriate, the Public Prosecutor can direct specific legal and investigative officers to support the Coroner. This support is intended to improve the quality and efficiency of the inquiry—particularly by enabling the Coroner to receive properly presented investigative material and to manage evidence and witness questioning effectively.
Although the Regulations are short in the extract provided, they are important because they clarify the procedural roles of prosecutorial and police officers in coronial processes. For practitioners, this matters for evidence handling, witness examination, and the proper presentation of investigation reports and related documents.
What Are the Key Provisions?
Regulation 1 (Citation) provides the formal name of the instrument. While this is not substantive, it is relevant for accurate legal referencing in pleadings, submissions, and correspondence.
Regulation 2 (Definitions) defines the terms “Assistant Public Prosecutor” and “Deputy Public Prosecutor.” The definition is anchored in appointments under the Criminal Procedure Code 2010. Specifically, it means a person appointed by the Public Prosecutor to act as an Assistant Public Prosecutor or a Deputy Public Prosecutor (as applicable) under that Criminal Procedure Code framework.
This definition is significant because it ties coronial assistance roles to established prosecutorial appointment mechanisms. In practice, it helps prevent ambiguity about whether a person is properly authorised to act in a prosecutorial capacity. For lawyers, it also supports arguments about the legitimacy of the role of the assisting officer—particularly if a party later challenges whether the assisting person had the requisite appointment status.
Regulation 3 (Officers who may assist in conduct of proceedings) is the core provision. It sets out (i) who may assist, (ii) that assistance must be at the direction of the Public Prosecutor, and (iii) the range of procedural powers the assisting person may exercise.
Regulation 3(1): Who may assist provides that any of the following persons may assist a Coroner in the conduct of any inquiry or pre-inquiry review, at the direction of the Public Prosecutor:
- a Deputy Public Prosecutor;
- an Assistant Public Prosecutor;
- a police officer of the rank of Senior Station Inspector or above.
Two features stand out for practitioners. First, the assistance is discretionary and conditional: it is only available “at the direction of the Public Prosecutor.” This means the Public Prosecutor plays a gatekeeping role in authorising the assisting officer. Second, the provision covers both an inquiry and a pre-inquiry review. The latter is often an early procedural stage to determine whether an inquiry should proceed or how it should be structured. The Regulations therefore contemplate prosecutorial and investigative support even before the formal inquiry stage.
Regulation 3(2): What the assisting person may do lists the procedural functions that an assisting officer may perform. The assisting person may:
- Present the results of the investigation into the cause of and circumstances connected with the death;
- Tender evidence relevant to the inquiry or pre-inquiry review, including investigation reports, post-mortem reports, special examination reports, and conditioned statements;
- Question any witness at the inquiry or prepare any conditioned statement of the witness;
- Make an opening address or a closing address (or both); and
- Assist with other matters necessary for the inquiry or pre-inquiry review as the Coroner may direct.
These powers are broad and operational. For example, the ability to tender investigation reports and medical reports (post-mortem and special examination reports) is central to coronial practice, where documentary evidence often forms the backbone of the fact-finding process. The inclusion of conditioned statements is also notable: conditioned statements are typically statements taken from witnesses under specified conditions, and their use in coronial settings requires careful attention to admissibility and procedural fairness.
The power to question witnesses and to prepare conditioned statements is equally important. It means the assisting officer is not merely a presenter of documents; the assisting officer can actively participate in witness examination and statement preparation. For lawyers representing interested persons, this affects how counsel should prepare for questioning, how to anticipate lines of inquiry, and how to manage objections or requests for clarification during the proceeding.
Finally, the ability to make opening and closing addresses indicates that the assisting officer may frame the issues and summarise the evidence for the Coroner. While coronial proceedings are not adversarial in the same manner as criminal trials, addresses can still influence how the Coroner understands the evidence and the factual questions to be resolved.
How Is This Legislation Structured?
The Regulations are structured as a short instrument with numbered regulations. Based on the extract, the structure is:
- Regulation 1: Citation (title of the Regulations).
- Regulation 2: Definitions (clarifying terms used in the Regulations).
- Regulation 3: Officers who may assist in conduct of proceedings (who may assist and what they may do).
In other words, the Regulations focus almost entirely on the procedural role of assisting officers. There are no additional parts or detailed procedural timelines shown in the extract; the substantive content is concentrated in Regulation 3.
Who Does This Legislation Apply To?
The Regulations apply to Coroners conducting an inquiry or a pre-inquiry review under the Coroners Act 2010 framework. They also apply to the persons who may be directed to assist the Coroner—namely prosecutorial officers and certain police officers.
For the assisting officers, the Regulations apply conditionally: a Deputy Public Prosecutor, an Assistant Public Prosecutor, or a police officer of Senior Station Inspector rank or above may assist only at the direction of the Public Prosecutor. This means the Public Prosecutor’s direction is a legal prerequisite for the assisting officer’s role. For parties and counsel appearing in coronial proceedings, the Regulations indirectly affect them by shaping who will present evidence, who may question witnesses, and who may make submissions or addresses to the Coroner.
Why Is This Legislation Important?
Although the Regulations are concise, they have real procedural impact. Coroners’ inquiries often involve complex factual and medical evidence, and the ability to tender investigation and medical reports efficiently supports the Coroner’s fact-finding function. Regulation 3(2) expressly authorises the assisting officer to present investigative results and to tender key documents such as post-mortem and special examination reports.
From an enforcement and governance perspective, the Regulations also reflect a structured relationship between the Public Prosecutor and coronial proceedings. By requiring assistance to be “at the direction of the Public Prosecutor,” the Regulations ensure that prosecutorial oversight exists for who participates and how evidence is presented. This can be particularly important where the death may involve criminal elements or where the investigation has implications beyond the coronial process.
For practitioners, the Regulations are important because they define the scope of participation by assisting officers. If you represent an interested person, you should anticipate that the assisting officer may:
- tender investigation and medical reports;
- question witnesses directly;
- prepare conditioned statements; and
- make opening and closing addresses.
Accordingly, counsel should prepare for active examination and for the documentary evidence pipeline. It may also be necessary to consider procedural fairness and the handling of conditioned statements, including ensuring that witness statements are properly prepared and that any issues about content, context, or reliability are addressed during the proceeding.
In addition, the inclusion of police officers of Senior Station Inspector rank or above provides a clear threshold for police involvement. This can matter if a party challenges whether a particular police officer was properly authorised to assist. The Regulations therefore provide a basis for confirming the legitimacy of the assisting officer’s role.
Related Legislation
- Coroners Act 2010 (authorising provision referenced in the extract: Section 49)
- Criminal Procedure Code 2010 (appointment framework for Assistant Public Prosecutors and Deputy Public Prosecutors referenced in Regulation 2)
Source Documents
This article provides an overview of the Coroners (Conduct of Proceedings) Regulations 2011 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.