Local Court Bench Book Update 136 published

Update 136 of Local Court Bench Book includes:

[16-000] General Orders has been updated at [16-170] to include a ready reckoner table with the length of orders and the community service hours that can be imposed under a conditional release order, community correction order and intensive correction order.

[44-000] Coronial Matters has been extensively revised and updated. The most significant amendments relate to the following areas:

  • death investigation and the coroner at [44-020] including that, for deaths occurring on or after 20 January 2020, a doctor may issue a death certificate without having seen the deceased within a prescribed timeframe; and a doctor is prohibited from issuing a death certificate in respect of a reportable death
  • autopsies and objections to them at [44-060] on the powers of a pathologist to undertake non-invasive preliminary examinations, and whether a post mortem examination may be dispensed with and a coronial certificate issued
  • the cost of funding an independent expert’s report at [44-100]
  • the Coroner’s decision whether to hold, or dispense with, an inquest based on the medical evidence from the Chief Forensic Pathologist or another senior forensic pathologist, or an expert at [44-160]
  • conducting the inquest at [44-200] in relation to:
    (a) family support
    (b) the judgment of Atkins v AG(NSW) [2016] NSWSC 1412 on compelling a witness to give evidence where the witness has been acquitted of criminal charges, and
    (c) the application of the doctrine of public interest immunity and the judgment of HT v The Queen (2019) 93 ALJR 1307
  • Concluding the inquest at [44-220] in relation to:
    (a) findings on manner of death, and
    (b) written or ex tempore reasons
  • updating/adding the following templates in the appendices:
    (a) Appendix K — 30 day letter to next of kin
    (b) Appendix L — Coroner’s reasons with dispensing with an inquest
    (c) Appendix X — Coroner’s reasons for dispensing with an inquiry
    (d) a new Appendix U containing a findings template.

The Index, Table of Statutes and Table of Cases have been updated to Update 136.